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(4) Two members shall be appointed jointly by the Speaker of the House and the President Pro Tempore of the Senate, upon recommendation of the President of the South Carolina Bar, who must be attorneys at law licensed to practice in this State with one such member to be a representative of the African-American legal community.

(5) The President of the South Carolina Trial Lawyers Association and the President of the South Carolina Defense Trial Lawyers Association to serve as ex officio nonvoting members of the panel.

(B) Nonlegislative members of the panel shall serve for terms of four years each. Legislative members of the panel shall serve for terms coterminous with their terms of office as members of the General Assembly. The ex officio members of the panel shall serve for terms coterminous with their term of office in the position which makes them members of the panel. No member except for the ex officio members may serve more than one full term. All members shall serve until their successors are appointed and qualify.

(C) No member of the panel, members of his immediate family or attorneys with whom he is engaged in the practice of law are eligible for nomination, election, or appointment as a judge or justice of a court for which the panel makes nominations while he is serving on the panel.

(D) Vacancies on the panel must be filled for the remainder of the unexpired term by appointment in the same manner as provided for the original appointment.

(E) Members of the panel shall be paid the usual per diem, mileage, and subsistence as provided by law for members of boards, commissions, and committees to be paid as provided in Section 14-4-20 for each day the member is on official business of the panel.

(F) The panel from among its membership shall elect a chairman, vice chairman, and such other officers as it considers necessary to serve for terms of one year in these capacities. The chairman of the panel may not be a sitting member of the General Assembly.

Section 14-4-20. The panel shall meet at least once annually and at other times as may be designated by the chairman. The panel, at its first meeting, also shall organize and adopt rules for the purpose of governing its internal proceedings. Five voting members of the panel shall constitute a quorum at all meetings. The panel may employ clerical and stenographic assistance as necessary to effectuate the provisions of this chapter and pay for the per diem, mileage, and subsistence of its panel

Section 14-4-30. (A) It is the responsibility of the panel to determine when judicial vacancies are to occur in the Supreme Court, Court of Appeals, Circuit Court, Family Court, or the Administrative Law Judge Division and to expeditiously investigate the qualifications of those who seek nomination by the panel.

(B) The term `vacancy' as used in this chapter in regard to a judicial office, unless the context clearly requires otherwise, includes the expiration of a term of an incumbent judge, the creation of a new judicial seat on one of the courts for which the panel makes nominations, or the death, resignation, retirement, or other removal of a judge before he completes his then current term.

(C) The state court administrator shall notify each judge and justice whose term of office expires during a particular year of this fact by July first of the preceding year. However, for vacancies which shall occur during 1996 the state court administrator shall notify judges whose terms of office are scheduled to expire in 1996 of this fact as soon as possible after July 1, 1995, and shall notify the panel of the incumbent judge's decision as soon as possible thereafter. Unless the judge or justice notifies the state court administrator in writing within thirty days after receipt of the notice that he will not seek reelection, he is considered a candidate to succeed himself. The state court administrator shall notify the panel of the choice made by an incumbent justice or judge by August fifteenth of that preceding year, except that such notification shall be made as soon as possible with regard to incumbent judges whose terms expire in 1996.

(D) The panel, upon receiving notice of a judicial vacancy, ascertaining that a judicial vacancy shall occur, or being notified by the state court administrator of an incumbent judge's decision regarding his reelection shall notify the Supreme Court of the vacancy for publication in the advance sheets provided by the Clerk of the Supreme Court at least thirty days prior to accepting applications for the vacancy. The panel also shall notify the South Carolina Bar, other professional legal organizations it considers appropriate, and each newspaper of this State with daily circulation of the vacancy at least thirty days prior to accepting applications for the vacancy. This notice must include, but not be limited to, the judicial office in which the vacancy occurs, the address to which, and the date by which interested candidates may apply. A notice to the

Section 14-4-40. (A) All persons who desire to be considered for nomination as justice or judge shall make application for consideration by the panel. Any person or organization may submit to the panel the name of any person desired to be considered for such nomination. Any person whose name has been recommended to the panel for nomination for election to a judicial office by another person or organization is not considered an applicant unless he makes an application to the panel on forms it requires.

(B) Each applicant as part of his application is required to give to the panel a general waiver which allows the panel to obtain whatever information it considers necessary, from any source whether or not confidential including personnel, judicial, or bar commissions, in order for the panel to make an informed judgment of that applicant's qualifications.

Section 14-4-50. (A) Except as otherwise provided in this chapter, the responsibility of the panel includes the investigation of, among other things, the character, integrity, reputation, knowledge of the law, aptitude for legal scholarship, writing ability, familiarity with courts and court procedures, legal ability, judicial temperament, experience, and general suitability to exercise the judicial office of all persons being considered by the panel for nomination to a judicial office. These criteria must be used by the panel in evaluating the candidates and making its nominations.

(B) The chairman of the panel shall schedule a public hearing concerning the qualifications of the candidates. At least thirty days' notice of the public hearing must be provided in the same manner that notice of the judicial vacancy is provided in Section 14-4-30(D) informing interested persons of the place and date of the public hearing and their right to attend and participate. Any person who desires to testify at the hearing, including candidates, shall furnish a written statement of his proposed testimony to the chairman of the panel. This statement must be furnished no later than forty-eight hours prior to the date and time set for the hearing. The panel shall determine the persons who shall testify at the hearing. All testimony, including documents furnished to the panel, must be submitted under oath and persons knowingly furnishing false information, either orally or in writing, are subject to the penalties provided by law for perjury and false swearing. During the course of the investigation, the panel may schedule an executive session at which the candidate, and other persons whom the committee wishes to interview,

(C) When there is no known opposition to an incumbent who has notified the state court administrator of his desire for reelection, where there appears to be no substantial reason for having a public hearing, and where no request is made by at least ten members of the House of Representatives and five members of the Senate for a public hearing, the panel chairman, upon recommendation of the panel, may determine that the public hearing is unnecessary and shall not be held, but no nominations may be made prior to such determination.

(D) As soon as possible after the completion of the hearing, a verbatim copy of the testimony, documents submitted at the public hearing, and findings of fact must be transcribed and furnished to each candidate and anyone else upon request. A charge for these copies may be made as authorized in the Freedom of Information Act.

(E) A candidate may withdraw at any stage of the proceedings, and thereafter no further inquiry, report on or consideration of his candidacy may be made.

Section 14-4-60. (A) The panel in its discharge of its duties may administer oaths and affirmations, take depositions, and issue subpoenas to compel the attendance of witnesses and the production of books, papers, correspondence, memoranda, and other records considered necessary in connection with the investigation of the panel.

(B) No person is excused from attending and testifying or from producing books, papers, correspondence, memoranda, or other records before the panel on the ground that the testimony or evidence, documentary, or otherwise required of him may tend to incriminate him or subject him to a penalty or forfeiture. No individual may be prosecuted or subjected to any criminal penalty based upon testimony or evidence submitted or forfeiture for or on account of any transaction, matter, or thing concerning which he is compelled, after having claimed his privilege against self incrimination, to testify or produce evidence, documentary, or otherwise, except that the individual so testifying is not exempt from prosecution and punishment for perjury and false swearing committed in so testifying.

(C) In case of the refusal of any person to obey a lawful request or order of the panel, to obey a subpoena issued by the panel, or to obey a lawful order of a court in regard to the functions of the panel, any Circuit Court of this State or circuit judge within the jurisdiction of which this person is found, resides, or transacts business, upon application by the panel, may issue to the person an order requiring him to appear before the

(D) All records, information, and other material that the panel has obtained or used in its investigation, except the materials, records, and information presented under oath at the public hearing must be kept strictly confidential.

Section 14-4-70. (A) The panel shall make nominations to the General Assembly of candidates for election to the Supreme Court, Court of Appeals, Circuit Court, Family Court, and the Administrative Law Judge Division. It shall review the qualifications of all applicants for a judicial office and select therefrom and submit to the General Assembly the names of up to three candidates whom it considers best qualified for the judicial office under consideration. With its written assessment of the candidates submitted, the panel may, if it desires, make a recommendation to the General Assembly of the candidate it believes most qualified to fill the position. If the panel concludes that there are fewer than three applicants qualified for a vacancy, it shall submit to the General Assembly only the names of those determined qualified with a written explanation of why fewer than three names were submitted.

(B) Insofar as possible, the panel shall make nominations as provided herein to the General Assembly during the opening week of its regular session for all vacancies which in the normal course of events will occur by creation of new judgeships or by expiration of terms during that year.

(C) In the case of vacancies created by death, resignation, disciplinary proceedings, or disability, the panel shall send to the General Assembly nominations for each vacancy as promptly as conditions permit, except that notice of the vacancy must be provided in the manner required by this chapter.

(D) The nominations of the panel for any judgeship are binding on the General Assembly, and it may not elect a person not nominated by the panel. Nothing shall prevent the General Assembly from rejecting all persons nominated. In this event, the panel shall submit another group of up to three names for that position. Further nominations in the manner required by this chapter must be made until the office is filled.

(E) If an incumbent justice or judge does desire reelection, his name must be forwarded by the panel to the General Assembly if the panel finds him qualified to serve in the judicial office held. If the panel does not find the incumbent justice or judge qualified for the judicial office held,

(F) In making nominations, race, gender, national origin, and other demographic factors should be considered by the panel to assure nondiscrimination, inclusion, and representation to the greatest extent possible of all segments of the population of this State.

(G) The panel may accompany its nominations to the General Assembly with those reports or recommendations as to the qualifications of particular candidates that it deems appropriate.

(H) A period of at least three weeks must elapse between the date of the panel's nominations to the General Assembly, and the date the General Assembly conducts the election for these judgeships.

Section 14-4-80. (A) Before a sitting member of the General Assembly may submit an application with the panel for his nomination by the panel for election to a judicial office and before the panel may accept or consider such an application, the member of the General Assembly shall first resign his office.

(B) The privilege of the floor in either House of the General Assembly may not be granted to a former member during the time his application is pending before the panel and during the time his nomination by the panel for election to a particular judicial office is pending in the General Assembly.

(C) No person may seek directly or indirectly the pledge of a member of the General Assembly's vote or contact a member of the General Assembly regarding the judicial office, other than through a letter of

Section 14-4-90. The provisions of Chapter 19 of Title 2 do not apply to the selection and screening of candidates for the Supreme Court, Court of Appeals, Circuit Court, Family Court, and the Administrative Law Judge Division.

Section 14-4-100. Candidates for judicial offices to be filled by election of the General Assembly must refrain from visiting the State House for the purpose of meeting members and campaigning for office until after the Judicial Merit Selection Panel has submitted its nominations to the General Assembly for those judgeships.

Violations of this section shall be punishable in the same manner violations of Section 14-4-80(C) are punished.

The provisions of this section do not apply to appointments in the State House initiated and requested by members of the General Assembly for the purpose of meeting or discussing various matters with these judicial candidates."

(C) Sections 2-19-70 and 2-19-80 of the 1976 Code are repealed.

(8) This section takes effect February 1, 1996, except that the General Assembly is authorized to elect the additional judges provided for in this section during its 1996 session with these judges taking office February 1, 1996, and except that the Judicial Merit Selection Panel established in this section may be appointed prior to February 1, 1996, and is authorized to organize prior to this date so that it may begin acting upon the judicial positions added by this section and upon other judicial vacancies which occur on or after January 1, 1996.

Renumber sections & amend totals/title to conform.

Rep. HODGES explained the amendment.

Rep. MARCHBANKS raised the Point of Order that Amendment No. 3A was out of order as it was not germane.

Rep. HODGES argued contra the Point in stating that it referred to the amendment provided in the Senate Bill that dealt with the judicial elections.

The SPEAKER stated that the House was working with the House version now as Amendment No. 1A had been adopted.

Rep. HODGES continued to argue contra the Point.

The SPEAKER stated that the House had amended the Bill back to its version and that it did not deal with judicial screening and an increase in judgeships and that the substantial effect of the amendment was not germane to the Appropriations Bill and he sustained the Point of Order and ruled the Amendment out of order.

The SPEAKER granted Rep. DAVENPORT a leave of absence for the remainder of the day.

Rep. ROGERS proposed the following Amendment No. 4A (Doc Name L:\COUNCIL\LEGIS\AMEND\JIC\5980HTC.95), which was tabled.

Amend the bill, as and if amended, Part II, Permanent Provisions, by adding an appropriately numbered SECTION to read:

A. The first paragraph of Section 12-21-2710 of the 1976 Code is amended to read:

"It is unlawful for any person to keep on his premises or operate or permit to be kept on his premises or operated within this State any vending or slot machine, punch board, pull board, or other device pertaining to games of chance of whatever name or kind, including those machines, boards, or other devices that display different pictures, words, or symbols, at different plays or different numbers, whether in words or figures or, which deposit tokens or coins at regular intervals or in varying numbers to the player or in the machine, but the provisions of this section do not extend to coin-operated nonpayout pin tables, in-line pin games, video slot machines which do not disburse money but which have a free play feature and all other video games which do not disburse money but which have a with free play feature regardless of the nature of the game or to automatic weighing, measuring, musical, and vending machines which are constructed as to give a certain uniform and fair return in value for each coin deposited and in which there is no element of chance."

B. That portion of Section 12-21-2720(A) of the 1976 Code that precedes item (1), as last amended by Act 501 of 1992, is further amended to read:

"Every person who maintains for use or permits the use of, on a place or premises occupied by him, one or more of the following machines or devices shall apply for and procure from the South Carolina Department of Revenue and Taxation a license effective for two years for the privilege of making use of the machine in South Carolina and shall pay for the license a tax of fifty dollars for each machine in item (1), two hundred dollars for each machine in item (2), and three eight thousand dollars for each machine in item (3)."

C. An amount equal to twenty-seven million dollars of the fiscal year 1995-96 revenues from the license fees on machines licensed pursuant to

Renumber sections to conform.

Amend totals and title to conform.

Rep. ROGERS explained the amendment.

Rep. HASKINS raised the Point of Order that Amendment No. 4A was out of order as it was not germane in that the money was not spent in Part I.

Rep. ROGERS argued contra the Point in stating that it provided for a Part I expenditure and raised revenues generated in the House Bill.

The SPEAKER stated that it was germane in that Section B increased fees on all machines and he overruled the Point of Order.

Rep. ROGERS continued speaking.

Rep. H. BROWN moved to table the amendment.

Rep. ROGERS demanded the yeas and nays, which were taken resulting as follows:

Those who voted in the affirmative are:

Allison          Anderson         Bailey
Boan             Brown, H.        Cain
Carnell          Cato             Chamblee
Cooper           Cotty            Cromer
Dantzler         Delleney         Easterday
Fair             Felder           Fleming
Fulmer           Gamble           Hallman
Harrell          Harris, J.       Harrison
Harvin           Haskins          Herdklotz
Huff             Hutson           Keegan
Kelley           Kinon            Kirsh
Knotts           Koon             Lanford
Law              Limbaugh         Limehouse
Littlejohn       Marchbanks       Mason
McCraw           McKay            Meacham
Phillips         Quinn            Rice
Riser            Robinson         Sandifer

Seithel          Sharpe           Shissias
Simrill          Smith, D.        Smith, R.
Spearman         Stoddard         Tripp
Trotter          Vaughn           Walker
Wells            Whatley          Whipper, S.
Wilder           Wilkes           Wilkins
Wofford          Wright           Young, A.
Young, J.

Those who voted in the negative are:

Baxley           Breeland         Byrd
Canty            Cave             Cobb-Hunter
Elliott          Harris, P.       Hines
Howard           Inabinett        Jennings
Keyserling       Lloyd            Martin
McAbee           McElveen         McTeer
Neilson          Rhoad            Richardson
Rogers           Sheheen          Stuart
Townsend         Tucker           Whipper, L.
White            Williams

So, the amendment was tabled.

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