2011 - South Carolina Association of Counties

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POLICY POSITIONS Public Safety, Corrections and Judicial __________ Middle Courts – Support in concept the establishment of “Middle Courts,” subject to the provision of state funding to cover the costs of the program and the agreement that the Middle Courts not absorb the Mental Health Courts. Preservation of Evidence – Seek a statewide solution for the disposition of biological and physical evidence pursuant to the Preservation of Evidence Act. Counties are ill-equipped to handle this type of evidence, and funding is unavailable. Coordinate with SLED and the Judicial Department in developing a statewide solution. PROBATE JUDGES Abolishment of Common-Law Marriage – Support legislation that abolishes common-law marriages in South Carolina and provides that those in existence prior to a certain date are valid if there is clear and convincing proof to the satisfaction of the court called upon to adjudicate the validity of the marriage. Creditors’ Claims Against Estates – Oppose legislation to extend the current time limit of eight months to present a claim against a decedent’s estate. Direct Appeal from Probate Court to Court of Appeals – Support legislation to amend § 62-1-308 to provide that the Court of Appeals will directly hear appeals from the probate court. Jurisdiction of Probate Judges to Hear Certain Claims – Support legislation to increase the jurisdiction of probate judges to hear certain claims involving minors or incapacitated persons. Motion Fees – Support legislation to impose the $25 motion fee that is charged in circuit and family courts on matters before the probate court with revenues going to the general fund of the county. Qualifications for Probate Judges – Support new qualifications for probate judges as presented by the S.C. Probate Judges’ Association that require education and experience as prerequisites for persons offering as candidates. Removal of Cases from Probate Court – Support legislation to amend § 62-1-302(d) to authorize removal of proceedings from probate court to circuit court upon a finding by the court of good cause or upon the discretion of the probate judge. 24
POLICY POSITIONS Public Safety, Corrections and Judicial __________ RECORDING Auditor’s and Assessor’s Endorsement on Deeds – Support the repeal of §§ 30-5-80 and 12-37-100 and the striking of the second sentence of § 12-39-260(A) to remove the requirements that all deeds must be endorsed by the county auditor and assessor before being filed with the register or clerk of court. Document Formatting Standards – Support legislation to provide for document formatting standards as proposed by the clerks of court and registers of deeds to promote uniformity and efficiencies in these offices; and to further provide that a $10.00 fee be assessed on all non-conforming documents to go to the general fund of the county. Fee for Cancellation of Lis Pendens – Support legislation to amend § 15-11-40 to increase from $1.00 to $5.00 the fee for cancelling a lis pendens. Fee for Recording Large Plat – Support legislation to amend § 8-21-310(7) to increase from $10 to $25 the fee for recording a plat larger than legal size (8½" x 14"). 25
Page 1 and 2: Polic y Positions for the 2011 Sess
Page 3: POLICY POSITIONS yÉÜ à{x 2011 SE
Page 7 and 8: LEGISLATIVE POLICY DEVELOPMENT PROC
Page 9 and 10: LEGISLATIVE POLICY DEVELOPMENT PROC
Page 11 and 12: COUNTY GOVERNMENT AND INTERGOVERNME
Page 13 and 14: COUNTY GOVERNMENT AND INTERGOVERNME
Page 15 and 16: POLICY POSITIONS County Government
Page 17 and 18: LAND USE, NATURAL RESOURCES AND TRA
Page 19 and 20: LAND USE, NATURAL RESOURCES AND TRA
Page 21 and 22: POLICY POSITIONS Land Use, Natural
Page 23 and 24: PUBLIC SAFETY, CORRECTIONS AND JUDI
Page 25 and 26: PUBLIC SAFETY, CORRECTIONS AND JUDI
Page 27 and 28: POLICY POSITIONS Public Safety, Cor
Page 29: POLICY POSITIONS Public Safety, Cor
Page 34 and 35: REVENUE, FINANCE AND ECONOMIC DEVEL
Page 36 and 37: POLICY POSITIONS Revenue, Finance a
Page 42 and 43: INDEX A PAGE Accommodations and Hos
Page 44 and 45: I INDEX __________ PAGE Illegal Imm
Page 46 and 47: INDEX __________ PAGE Taxation, Rea
Page 48 and 49: SOUTH CAROLINA ASSOCIATION OF COUNT
Page 50 and 51: - NOTES -
Page 52: Sou t h Car o l i n a A s s o c i a

2011 - South Carolina Association of Counties

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