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"Section 1-11-67. In addition to all other requirements of law relating to such transactions, no governmental body as defined in Section 11-35-310(18) shall contract for the sale, lease, rental, use, transfer, or other disposition of its real or personal property, in whole or in part, with a value in excess of twenty-five million dollars as determined by the State Budget and Control Board without prior approval of the General Assembly by concurrent resolution."/

Amend sections, totals and title to conform.

Senator LEATHERMAN explained the amendment.

Senator LEATHERMAN moved that the amendment be adopted.

The amendment was adopted.

The PRESIDENT took up the Point of Order raised by Senator COURTNEY that Amendment No. 170 (GJK\21947SD.95) proposed by Senators LAND, McCONNELL, BRYAN, COURTNEY, MOORE and RANKIN was out of order inasmuch as it was not germane to the Bill.

The PRESIDENT overruled the Point of Order.

Senators LAND, McCONNELL, BRYAN, COURTNEY, MOORE and RANKIN proposed the following Amendment No. 170AA (3362R252.JCL), which was adopted:

Amend the amendment of Senators Ryberg, Jackson, Land, Courson, Waldrep, dated May 3, 1995, designated Amendment Number 110A, to Section 85 of Part II, by striking the amendment and inserting:

Amend the bill, as and if amended, Part II, Section 85, by striking subsection 6(A) and inserting:

/(A) The terms begin February 1, 1996, for the Circuit Court Judges, Associate Judges of the Court of Appeals, and the Family Court Judges as added by the amendments to Sections 14-5-610, 14-8-10, and 20-7-1410, respectively, of the 1976 Code, as contained in this section./

/(7) 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.

The panel chairman is also authorized as soon as possible after July 1, 1995, to begin notifying judges whose terms expire in 1996 of this fact, and to inquire whether or not they desire to seek reelection, and to take such other actions in regard to incumbent judges whose terms expire in 1996 as necessary to complete their review by the panel in time for the 1996 elections for these judgeships./

Amend further, Part II, Section 85, by adding a new subsection (8) to read:

/(8) (A) Mindful of its duty to elect members of the Supreme Court, the Court of Appeals, and the Circuit Courts under Article V of the South Carolina Constitution, and to elect other judges pursuant to law, the General Assembly finds that the exercise of this constitutional and statutory power will be substantially aided and improved by the creation of a Judicial Merit Selection Panel pursuant to this section. The provisions of this section shall be effective with respect to the election of judges added by the provisions of this section and with respect to all other judges elected after January 1, 1996, by the General Assembly. The General Assembly has considered the constitutionality of this legislation and finds that such legislation is constitutional under Article V of the South Carolina Constitution.

(B) Title 14 of the 1976 Code is amended by adding:

Section 14-4-10. (A) There is created a Judicial Merit Selection Panel to assist the General Assembly in the selection of qualified justices and judges for vacancies in the Supreme Court, Court of Appeals, Circuit Court, Family Court, and the Administrative Law Judge Division. The panel shall consist of ten members as follows:

(1) Two members of the Senate, notwithstanding the provisions of Section 8- 13-770, shall be appointed as members of the panel by the Chairman of the Senate Judiciary Committee.

(3) Two members of the House of Representatives, notwithstanding the provisions of Section 8-13-770, shall be appointed as members of the panel by the Chairman of the House Judiciary Committee.

(4) Two members of the panel shall be appointed by the Speaker of the House of Representatives who are not members of the General Assembly, at least one of whom shall not be an attorney at law licensed to practice in this State.

(5) Two members who are the President of the South Carolina Trial Lawyers Association, and the President of the South Carolina Defense Trial Lawyers Association to serve ex officio, or these presidents' designees who shall be attorneys licensed to practice law in this State; provided, however that these two members, including their designees, if any, shall not be voting 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. 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) 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.

(D) 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 or for members of the General Assembly as appropriate to be paid as provided in Section 14-4-20 for each day the member is on official business of the panel.

(E) The panel from among its membership shall elect a chairman and such other officers as it considers necessary to serve for terms of one year in these capacities.

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 shall employ, upon the approval of a majority of the voting members of the panel, clerical, stenographic, legal, and investigatory assistance as necessary to effectuate the provisions

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 panel chairman 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 panel chairman 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 panel chairman 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 panel chairman 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 panel chairman 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

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 integrity and impartiality, legal knowledge and ability, professional experience, judicial temperament, diligence and industry, mental and physical capabilities, financial responsibility, public service, ethics, 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

(C) 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.

(D) 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 panel to produce evidence if so ordered or to give testimony touching the matter under investigation. Any failure to obey an order of the court may be punished as a contempt of court. Subpoenas must be issued in the name of the panel and must be signed by the panel chairman. Subpoenas may be issued to such persons as the panel may designate.

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 those candidates whom it considers best qualified for the judicial office under consideration without limitation as to number.

(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) If an incumbent justice or judge seeks reelection, his name must be forwarded to the General Assembly by the panel if the panel finds him qualified. If an incumbent justice or judge seeks reelection without opposition and the panel does not find the incumbent justice or judge qualified for the judicial office held, it shall reopen nominations and screening for that office. If the panel does not forward the name of an incumbent justice or judge to the General Assembly and the panel concludes that there are not other qualified applicants for the office being screened, then it shall reopen nomination and screening for that office and submit other nominations for the judicial office. The General Assembly in joint session shall, by recorded public vote, determine whether or not the judge or justice is reelected to office. If a majority of those voting vote to retain the judge or justice in office, he is reelected to a new term. If a majority of those voting vote against retaining the judge or justice in office, he is not reelected to a new term, and the panel shall expeditiously proceed in accordance with the provisions of this chapter to submit nominees to the General Assembly for the vacancy which is created by the expiration of the term of office of the judge or justice.

(E) In making nominations, race, gender, national origin, and other demographic factors should be considered by the panel to assure

(F) The panel must accompany its nominations to the General Assembly with those reports or recommendations as to the qualifications of particular candidates that it deems appropriate; provided, that panel may not rank the order of the candidates.

(G) 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 until the qualifications of all candidates for that office have been determined by the judicial merit selection panel and a period of forty-eight hours has elapsed since the panel has furnished the names of its nominees for the vacancy to the General Assembly. No member of the General Assembly may offer his pledge until the qualifications of all candidates for that office have been determined by the judicial merit selection panel and a period of forty-eight hours has elapsed since the panel furnished the names of its nominees to the General Assembly. For purposes of this section, indirectly seeking a pledge means the candidate, or someone acting on behalf of and at the request of the candidate, requesting a person to contact a member of the General Assembly on behalf of the candidate before nominations for that office are made by the panel. The merit selection panel may disqualify a candidate it finds to have violated this section.Violations of this section by judicial candidates are also a misdemeanor, and upon conviction, the violator shall be punished by a fine not exceeding one thousand dollars or by a term of imprisonment not exceeding ninety days.

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.

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./

Amend sections, totals and title to conform.

Senator LAND argued in favor of the adoption of the amendment.

Senator LAND moved that the amendment be adopted.

The amendment was adopted.

Senator SALEEBY desired to be recorded as voting in favor of the adoption of the amendment.

Subsequent to the adoption of Amendment No. 170A, on motion of Senator McCONNELL, with unanimous consent, Subsection C of Section 14-4-10 was deleted from Amendment No. 170A, adopted Amendment No. 170AA. The deleted provision read as follows:

(C) No member of the panel, members of his immediate family as defined by Chapter 13 of Title 8 or attorneys with whom he is associated 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 and for a period of three years after he ceases to be a member.

The PRESIDENT took up the Point of Order raised by Senator COURTNEY that Amendment No. 110A (GJK\21928SD.95) proposed by

The PRESIDENT overruled the Point of Order.

In order to avoid even the appearance of a conflict, Senator SHORT requested that the Journal reflect that she abstained from voting on and any activity relating to the adoption of this amendment.

Senators RYBERG, JACKSON, LAND, COURSON and WALDREP proposed the following Amendment No. 110A (GJK\21928SD.95), which was adopted:

Amend the bill, as and if amended, Part II, Section 85, by striking subsection 6(A) and inserting:

/(A) The terms begin February 1, 1996, for the Circuit Court Judges, Associate Judges of the Court of Appeals, and the Family Court Judges as added by the amendments to Sections 14-5-610, 14-8-10, and 20-7-1410, respectively, of the 1976 Code, as contained in this section./

Amend the bill, as and if amended, Part II, Section 85, by striking subsection (7) inserting:

/(7) 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.

The state court administrator is also authorized as soon as possible after July 1, 1995, to begin notifying judges whose terms expire in 1996 of this fact, and to inquire whether or not they desire to seek reelection, and to take such other actions in regard to incumbent judges whose terms expire in 1996 as necessary to complete their review by the panel in time for the 1996 elections for these judgeships./

Amend further, Part II, Section 85, by adding a new subsection (8) to read:

/(8) (A) Mindful of its duty to elect members of the Supreme Court, the Court of Appeals, and the Circuit Courts under Article V of the South Carolina Constitution, and to elect other judges of the unified judicial system pursuant to law, the General Assembly finds that the exercise of

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