Bill Text: SC S0394 | 2011-2012 | 119th General Assembly | Amended
Bill Title: Master-in-equity
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2011-04-13 - Referred to Committee on Judiciary [S0394 Detail]
Download: South_Carolina-2011-S0394-Amended.html
AMENDED
April 7, 2011
S. 394
S. Printed 4/7/11--S. [SEC 4/8/11 4:01 PM]
Read the first time January 19, 2011.
A BILL
TO AMEND SECTION 14-11-10, SOUTH CAROLINA CODE OF LAWS, 1976, RELATING TO THE ESTABLISHMENT OF THE MASTER-IN-EQUITY COURT, SO AS TO PERMIT A COUNTY WITH A POPULATION OF MORE THAN ONE HUNDRED THIRTY THOUSAND BUT LESS THAN ONE HUNDRED FIFTY THOUSAND TO HAVE A PART-TIME OR A FULL-TIME MASTER-IN-EQUITY AS DETERMINED BY THE GOVERNING BODY OF THE COUNTY OR COUNTIES IN WHICH THE MASTER-IN-EQUITY SERVES; AND TO AMEND SECTION 14-11-30, RELATING TO THE COMPENSATION OF A MASTER-IN-EQUITY, SO AS TO ALLOW A PART-TIME MASTER-IN-EQUITY IN CITIES OR COUNTIES WITH POPULATIONS OF ONE HUNDRED THIRTY THOUSAND OR GREATER.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. It is the intent of the General Assembly in this time of economic recession to allow flexibility and discretion to county councils regarding whether to fund a part-time or a full-time master-in-equity regardless of whether the population of a county has increased or decreased. Several factors in addition to population should be considered when county councils hire a master-in-equity, including, but not limited to, available caseload, complexity of the caseload, available resources to compensate the master-in-equity, and the efficiency of the docket. It is, therefore, the purpose of this act to afford county councils discretion, despite a county's population, on whether to hire a full- or part-time master-in-equity.
SECTION 2. Section 14-11-10 of the 1976 Code, as last amended by Act 678, 1989, is amended to read:
"Section 14-11-10. (A) As a part of the unified judicial system, there is established in each of the counties of this State having a population of at least one hundred thirty thousand, according to the latest official United States Decennial Census, a master-in-equity court. The master-in-equity for the court must be appointed pursuant to the provisions of Section 14-11-20.
(B)(1) A county with a population of more than one hundred thirty thousand, according to the latest official United States Decennial Census, may have a full-time master-in-equity. A county with a population of one hundred fifty thousand or more, according to the latest official United States Decennial Census, must have a full-time master-in-equity.
(2) Nothing in this section prohibits a county or area with a population of less more than one hundred thirty thousand, but less than one hundred fifty thousand, according to the latest official United States Decennial Census, from having either a part-time or full-time master-in-equity in the discretion of the governing body of the county.
(3) Nothing in this section prohibits a county or area with a population of more than thirty thousand, but less than one hundred thirty thousand, according to the latest official United States Decennial Census, from having a part-time master-in-equity.
(4) The governing bodies of any two or more counties may join together to fund the office of master-in-equity to serve two or more counties. Funding of this master-in-equity must be borne by each county included on a per capita population basis."
SECTION 3. Section 14-11-30(6) of the 1976 Code, as last amended by Act No. 678 of 1989 is amended to read:
"(6) Where the area served has a population of between one hundred thirty thousand and one hundred forty-nine thousand, nine hundred ninety-nine, according to the latest official United States Decennial Census, the master-in-equity serving that area is may be part-time or full-time, as determined by the governing body of the county or counties in which a master-in-equity serves, and must be paid a salary equal to seventy-five percent fifty-five percent of that of a circuit judge if part-time, and must be paid a salary equal to seventy-five percent of that of a circuit judge if full-time."
SECTION 4. This act takes effect upon approval by the Governor.
