South Carolina General Assembly
115th Session, 2003-2004
H. 3137
STATUS INFORMATION
General Bill
Sponsors: Reps. Sinclair, Littlejohn, W.D.Smith, Weeks, J.E.Smith, Edge and McLeod
Document Path: l:\council\bills\dka\3060dw03.doc
Introduced in the House on January 14, 2003
Introduced in the Senate on March 4, 2003
Currently residing in the Senate
Summary: Probate judge qualifications changed
HISTORY OF LEGISLATIVE ACTIONS
DateBodyAction Description with journal page number
12/4/2002HousePrefiled
12/4/2002HouseReferred to Committee on Judiciary
1/14/2003HouseIntroduced and read first time HJ58
1/14/2003HouseReferred to Committee on JudiciaryHJ58
2/19/2003HouseCommittee report: Favorable JudiciaryHJ5
2/20/2003HouseMember(s) request name added as sponsor: Weeks, J.E.Smith
2/25/2003HouseRequests for debateRep(s).Howard, Hinson, Bingham, Gourdine, JH Neal, JE Smith, Umphlett, Parks, Miller, Ott, Breeland, Mack, Govan, J.Brown, Toole, and Merrill HJ27
2/26/2003HouseMember(s) request name added as sponsor: Edge, McLeod
2/26/2003HouseRead second time HJ96
2/26/2003HouseRoll call Yeas94 Nays12 HJ99
2/27/2003HouseRead third time and sent to Senate HJ26
3/4/2003SenateIntroduced and read first time SJ11
3/4/2003SenateReferred to Committee on JudiciarySJ11
5/21/2003SenateCommittee report: Favorable with amendment JudiciarySJ8
5/22/2003Scrivener's error corrected
VERSIONS OF THIS BILL
12/4/2002
2/19/2003
5/21/2003
5/22/2003
Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
May 21, 2003
H.3137
Introduced by Reps. Sinclair, Littlejohn, W.D.Smith, Weeks, J.E.Smith, Edge and McLeod
S. Printed 5/21/03--S.[SEC 5/22/03 2:52 PM]
Read the first time March 4, 2003.
THE COMMITTEE ON JUDICIARY
To whom was referred a Bill (H.3137) to amend Section 14231040, as amended, Code of Laws of South Carolina, 1976, relating to qualifications for a judge of probate, etc., respectfully
REPORT:
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION1.Section 14231040 of the 1976 Code is amended to read:
“Section 14231040.(A)Before January 1, 2006,Noa person is not eligible to hold the office of judge of probate who is notunless the person at the time of his election a citizen of the United States and of this State, has not attained the age of twentyone years upon his election, has not become a qualified elector of the county in which he is to be a judge, and has not received a fouryear bachelor’s degree from an accredited postsecondary institution or if he has received no degree he must have four years’ experience as an employee in a probate judge’s office in this State.:
(1)is a citizen of the United States and a resident of this State;
(2)is twentyone years of age;
(3)is a qualified elector of the county in which he is to be a judge;
(4)has received a high school diploma or GED or, if he has no such diploma or GED, has four years’ experience as a fulltime probate judge or associate probate judge in a probate judge’s office in this State; and
(5)has not been convicted of a felony offense or an offense involving moral turpitude under the laws of this State, any other state, or the United States.
(B)From January 1, 2006, through December 31, 2007, a person is not eligible to hold the office of judge of probate unless the person at the time of his election:
(1)is a citizen of the United States and a resident of this State;
(2)is twentyone years of age;
(3)is a qualified elector of the county in which he is to be a judge;
(4)has obtained a degree from an accredited college or community college or, if he has no such degree, has four years’ experience as a fulltime probate judge or associate probate judge in a probate judge’s office in this State; and
(5)has not been convicted of a felony offense or an offense involving moral turpitude under the laws of this State, any other state, or the United States.
(C)On and after January 1, 2008, a person is not eligible to hold the office of judge of probate unless the person at the time of his election:
(1)is a citizen of the United States and a resident of this State;
(2)is twentyone years of age;
(3)is a qualified elector of the county in which he is to be a judge;
(4)has obtained a fouryear bachelor’s degree from an accredited postsecondary institution or, if he has no degree, has four years’ experience as a fulltime probate judge or associate probate judge in a probate judge’s office in this State; and
(5)has not been convicted of a felony offense or an offense involving moral turpitude under the laws of this State, any other state, or the United States.
(D)The provisions of this section do not apply to a person holding the office of probate judge as of July 1, 2004, during the person’s tenure in office. Tenure in office continues at the expiration of a term if the person is reelected in a consecutive election. However, if a person qualified for the office of probate judge pursuant to the provisions of this section has a break in service for a term or a portion of a term before seeking reelection, the person must satisfy the applicable requirements of this section at the time of filing for reelection.”
SECTION2.This act takes effect July 1, 2004./
Renumber sections to conform.
Amend title to conform.
JAMES H. RITCHIE, JR. for Committee.
STATEMENT OF ESTIMATED FISCAL IMPACT
ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES:
$0 (No additional expenditures or savings are expected)
ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER FUND EXPENDITURES IS:
$0 (No additional expenditures or savings are expected)
EXPLANATION OF IMPACT:
Enactment of this bill would have no impact on the General Fund of the State or on federal and/or other funds.
LOCAL GOVERNMENT IMPACT:
Each of the counties responding indicated enactment would result in no or minimal impact on local expenditures.
Approved By:
Don Addy
Office of State Budget
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A BILL
TO AMEND SECTION 14231040, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS FOR A JUDGE OF PROBATE, SO AS TO CHANGE THE QUALIFICATIONS FOR THIS OFFICE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION1.Section 14231040 of the 1976 Code, as last amended by Part IV, Section 3, Act 678 of 1988, is further amended to read:
“Section 14231040.(A)Before January 1, 2006,Noa person is not eligible to hold the office of judge of probate who is notunless the person at the time of his election a citizen of the United States and of this State, has not attained the age of twentyone years upon his election, has not become a qualified elector of the county in which he is to be a judge, and has not received a fouryear bachelor’s degree from an accredited postsecondary institution or if he has received no degree he must have four years’ experience as an employee in a probate judge’s office in this State.:
(1)is a citizen of the United States and a resident of this State;
(2)is twentyone years of age;
(3)is a qualified elector of the county in which he is to be a judge;
(4)has graduated from high school or, if he has no degree, has four years’ experience as a full time associate probate judge in a probate judge’s office in this State; and
(5)has not been convicted of a felony offense or an offense involving moral turpitude under the laws of this State, any other state, or the United States.
(B)After December 31, 2005, through December 31, 2007, a person is not eligible to hold the office of judge of probate unless the person at the time of his election:
(1)is a citizen of the United States and a resident of this State;
(2)is twentyone years of age;
(3)is a qualified elector of the county in which he is to be a judge;
(4)has obtained an degree from an accredited college or community college or, if he has no degree, has four years’ experience as a full time associate probate judge in a probate judge’s office in this State; and
(5)has not been convicted of a felony offense or an offense involving moral turpitude under the laws of this State, any other state, or the United States.
(C)After December 31, 2007, a person is not eligible to hold the office of judge of probate unless the person at the time of his election:
(1)is a citizen of the United States and a resident of this State;
(2)is twentyone years of age;
(3)is a qualified elector of the county in which he is to be a judge;
(4)has obtained a four year bachelor’s degree from an accredited postsecondary institution or, if he has no degree, has four years’ experience as a full time associate probate judge in a probate judge’s office in this State; and
(5)has not been convicted of a felony offense or an offense involving moral turpitude under the laws of this State, any other state, or the United States.
(D)Notwithstanding the provisions of this section, a person holding the office of probate judge as of July 1, 2004, is deemed to have satisfied the requirements of this section to hold his current office and for the purposes of running for election or reelection. However, if a person deemed to be qualified for the office of probate judge pursuant to the provisions of this subsection is out of office for a term or a portion of a term before seeking election, the person shall satisfy the applicable requirements of this section to be qualified to run for office.”
SECTION2.Upon approval by the Governor, this act takes effect July 1, 2004.
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