Journal of the Senate
of the Second Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 9, 1996

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Printed Page 1160 . . . . . Tuesday, March 19, 1996
(3) Three million dollars annually for four consecutive years beginning with Fiscal Year 1996-97 must be allocated to the several multi-district career centers of this State on a per pupil basis.

Section 59-144-110. The State Board of Education shall establish and appoint a twenty-member advisory committee to assist in developing guidelines, regulations, and standards pursuant to this chapter. The State Superintendent of Education shall recommend members for the advisory committee which shall include individuals with backgrounds in the following areas:

(a) capital improvements financing;

(b) building construction;

(c) school building design;

(d) district finances;

(e) district administration;

(f) local boards of trustees;

(g) classroom instruction; and

(h) educational facilities requirements at the primary, elementary, middle, and high school levels.

Members of the committee shall receive mileage, subsistence, and per diem as provided by law for members of state boards, committees, and commissions to be paid from public school facilities assistance funds. The members of the advisory committee shall serve at the pleasure of the State Board of Education.

Section 59-144-120. To qualify for funds under this chapter, each school district shall meet the conditions and qualifications provided for in this chapter. Funds must be withheld from districts when inappropriate use of funds is documented.

Section 59-144-130. By December 1, 1998, the State Board of Education shall recommend to the General Assembly changes to be made to this chapter regarding program objectives, appropriate funding levels, and funding allotment formulas."

SECTION 4. Paragraph 72.71 of Part IB of Act 145 of 1995 is amended to read:

"72.71. (GP: Educational Assistance Children's Education Endowment Fund) Notwithstanding provisions contained within this act, for this fiscal year only, the revenue credited to the Educational Assistance Children's Education Endowment Fund pursuant to Section 48-47-175(C) 48-48-140(C) shall be used as follows: $7,000,000 for University of Charleston -- Acquisition of Adjoining Property, $4,000,000 for Greenville Higher Education Consortium, $5,400,000 for Archives and History -- History Center, $600,000 for the School for the Deaf and the

Printed Page 1161 . . . . . Tuesday, March 19, 1996
Blind -- Maintenance and Equipment, and $185,000 for Wil Lou Gray Opportunity School -- Building Maintenance with the remaining funds to be distributed on a seventy percent-thirty percent basis to Public School Facilities Assistance and Higher Educational Scholarship Grants, respectively; however no less than $39,400,000 shall go to Scholarship Grants."

SECTION 5. This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Senator J. VERNE SMITH spoke on the amendment.

RECESS

At 1:05 P.M., on motion of Senator SETZLER, with unanimous consent, the Senate receded from business not to exceed three minutes.

At 1:07 P.M., the Senate resumed.

Motion Adopted

On motion of Senator SETZLER, with unanimous consent, Senator FAIR was granted leave to withdraw Amendment No. 5 and substitute a perfected amendment.

Senator J. VERNE SMITH spoke on the amendment.

On motion of Senator DRUMMOND, with unanimous consent, debate was interrupted by adjournment, with Senator J. VERNE SMITH retaining the floor.

MOTION ADOPTED

On motion of Senators LANDER and SETZLER, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Frank J. Kelly of West Columbia, S.C.

ADJOURNMENT

At 1:10 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.

* * *

Printed Page 1162 . . . . . Wednesday, March 20, 1996
Wednesday, March 20, 1996

(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:00 A.M., the hour to which it stood adjourned and was called to order by the PRESIDENT.

A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:

Beloved, hear a few words from the Book of Acts 5:33-39 (NRSV):

"But a Pharisee in the council named

Gamaliel, a teacher of the law, respected

by all the people, stood up... and said:

`So in the present case, I tell you, keep

away from these men and let them alone,

because if this plan or this undertaking

is of human origin, it will fail; but

if it is of God, you will not be able

to overthrow them--- in that case

you may even be found fighting against

God'!"
Let us pray.

Our Father, we pray for that quality of character that, in the vernacular, is called INTEGRITY. Help us to try with all our hearts to achieve and be true to the highest and best that we know.

Sometimes, Lord, when we stand toe to toe, and eyeball to eyeball, in debate, help us to know the difference between cussedness and integrity.

To the God that looks upon the heart be all the glory this day.

Amen.

RECESS

At 11:06 A.M., on motion of Senator LEVENTIS, the Senate receded from business until 11:16 A.M.

At 11:13 A.M., the Senate resumed.

Leave of Absence

On motion of Senator THOMAS, at 11:14 A.M., Senators RUSSELL, MOORE, McCONNELL and SALEEBY were granted a leave of absence to attend a meeting of the Judicial Screening Committee.

Printed Page 1163 . . . . . Wednesday, March 20, 1996
Call of the Senate

Senator MOORE moved that a call of the Senate be made. The following Senators answered the call:

Alexander            Boan                 Bryan
Cork                 Courson              Courtney
Drummond             Elliott              Fair
Ford                 Giese                Glover
Gregory              Hayes                Holland
Land                 Lander               Leatherman
Leventis             Martin               McConnell
McGill               Mescher              Moore
O'Dell               Passailaigue         Patterson
Peeler               Rankin               Reese
Richter              Rose                 Russell
Ryberg               Saleeby              Setzler
Short                Smith, G.            Smith, J.V.
Thomas               Waldrep              Washington
Wilson
A quorum being present, the Senate resumed.

Point of Personal Privilege

Senator WILSON rose to a Point of Personal Privilege.

ACTING PRESIDENT PRESIDES

At 11:21 A.M., Senator MARTIN assumed the Chair.

The Acting PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.

Message from the House

Columbia, S.C., March 20, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

H. 3271 -- Reps. Richardson, Vaughn, McKay, Harvin, Limbaugh, Lloyd, Bailey, Cain, Sandifer, Walker, Baxley, Chamblee, Wofford, A. Young, Shissias, Stuart, Dantzler, Thomas, Keyserling, Jennings, Wells, Tucker, Harrison and Spearman: A BILL TO AMEND SECTION 16-9-340, AS AMENDED, CODE OF LAWS OF SOUTH

Printed Page 1164 . . . . . Wednesday, March 20, 1996
CAROLINA, 1976, RELATING TO THE OFFENSE OF INTIMIDATING COURT OFFICIALS, JURORS, OR WITNESSES, SO AS TO INCREASE THE PENALTIES FOR VIOLATIONS.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1260 -- Senators Leventis, McGill, Moore, Richter, McConnell, Gregory, Russell, Jackson, Greg Smith, Passailaigue, Courson, Land and Thomas: A BILL TO AMEND SECTION 47-3-75, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DOGS AND OTHER DOMESTIC ANIMALS, REGULATION BY COUNTIES, AND THE TRANSFER OF A DOMESTIC ANIMAL TO AN ANIMAL SHELTER TEN DAYS AFTER THE DATE THE OWNER WAS TO PICK UP THE ANIMAL, SO AS TO PROVIDE THAT A PERSON WHO FAILS TO PICK UP AN ANIMAL OR WHO ABANDONS ONE AT AN ANIMAL HOSPITAL, A DOG KENNEL, A CAT KENNEL, ANOTHER ANIMAL CARE FACILITY, OR BOARDING FACILITY IS GUILTY OF A MISDEMEANOR, AND TO PROVIDE PENALTIES.

Read the first time and referred to the Committee on Agriculture and Natural Resources.

S. 1261 -- Senators Leventis, McGill, Moore, Richter, McConnell, Gregory, Russell, Jackson, Greg Smith, Passailaigue, Courson, Land and Thomas: A BILL TO AMEND SECTION 47-1-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ILL-TREATMENT OF ANIMALS, SO AS TO, AMONG OTHER THINGS, CHANGE VARIOUS PENALTIES, INCLUDING MAKING CERTAIN MISDEMEANOR OFFENSES FELONIES, ALLOW CERTAIN FIRST OFFENSE VIOLATIONS TO BE TRIED IN MUNICIPAL COURT, AND DELETE THE EXEMPTION PROVIDING THAT THIS SECTION DOES NOT APPLY TO FOWL.

Read the first time and referred to the Committee on Agriculture and Natural Resources.

Printed Page 1165 . . . . . Wednesday, March 20, 1996
S. 1262 -- Senators Leventis, McGill, Moore, Richter, McConnell, Gregory, Russell, Jackson, Greg Smith, Passailaigue, Courson, Land and Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 8 TO CHAPTER 3, TITLE 47, SO AS TO PROVIDE FOR THE STERILIZATION OF DOGS AND CATS.

Read the first time and referred to the Committee on Agriculture and Natural Resources.

S. 1263 -- Senators Leventis, McGill, Richter, McConnell, Gregory, Russell, Jackson, Greg Smith, Passailaigue, Courson, Land and Thomas: A BILL TO AMEND SECTION 47-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF ANIMAL, SO AS TO REDEFINE THE TERM ANIMAL AND DEFINE THE WORDS SUSTENANCE AND SHELTER; TO AMEND SECTION 47-1-40, AS AMENDED, RELATING TO THE ILL-TREATMENT OF AN ANIMAL SO AS TO ALLOW FOR DISPOSITION OF A PERSON'S CASE, WHO HAS ALLEGEDLY DISOBEYED THIS SECTION, TO BE HEARD IN EITHER MAGISTRATE'S OR MUNICIPAL COURT AND TO MAKE THIS CODE SECTION APPLICABLE TO FOWL; TO AMEND SECTION 47-1-50, AS AMENDED, RELATING TO PENALTIES FOR THE MISUSE AND ABANDONMENT OF AN ANIMAL SO AS TO DELETE THE PROVISION THAT A PERSON MAY NOT KNOWINGLY OR WILFULLY AUTHORIZE OR PERMIT AN ANIMAL TO BE SUBJECTED TO UNNECESSARY TORTURE, SUFFERING, OR CRUELTY; TO AMEND SECTION 47-1-70, AS AMENDED, RELATING TO THE ABANDONMENT OF AN ANIMAL AND THE DEFINITION OF THE TERM NECESSITIES OF LIFE SO AS TO DELETE THE REQUIREMENT THAT AN ANIMAL MUST BE GIVEN A SUPPLY OF CLEAN, FRESH, AND POTABLE WATER AT LEAST ONCE DAILY; TO AMEND SECTION 47-1-90, RELATING TO THE TRANSPORTATION OF AN ANIMAL IN RAILROAD CARS SO AS TO REQUIRE ANY COMPANY CARRYING OR TRANSPORTING AN ANIMAL NOT TO OVERLOAD THE VEHICLE CARRYING THE ANIMAL AND TO PROVIDE THAT AN ANIMAL MUST NOT BE CONFINED IN A VEHICLE FOR A PERIOD LONGER THAN TWENTY-FOUR CONSECUTIVE HOURS UNLESS CIRCUMSTANCES STATED IN THIS SECTION ALLOW; TO AMEND SECTION 47-1-100, RELATING TO THE CARE OF AN ANIMAL UNLOADED DURING TRANSIT SO AS TO MAKE

Printed Page 1166 . . . . . Wednesday, March 20, 1996
TECHNICAL CHANGES; TO AMEND SECTION 47-1-120, RELATING TO THE CUSTODY OF AN ANIMAL WHEN ITS KEEPER IS ARRESTED, SO AS TO MAKE THIS SECTION INAPPLICABLE TO PERSONS WHO ARE ARRESTED FOR VIOLATING TITLE 47, CHAPTER 1; TO AMEND SECTION 47-1-140, RELATING TO THE CARE OF AN ANIMAL AFTER ITS CUSTODIAN'S ARREST SO AS TO DELETE THE REQUIREMENT THAT AN ANIMAL TAKEN AFTER ITS CUSTODIAN'S ARREST BE CARED AND PROVIDED PROPERLY FOR BY THE PERSON MAKING THE ARREST UNTIL THE OWNER TAKES CUSTODY OF THE ANIMAL AND TO ALLOW AN ANIMAL TO BE SEIZED PRECEDING AN ARREST PURSUANT TO SECTION 47-1-150; TO AMEND SECTION 47-1-150, RELATING TO ANIMAL CRUELTY LAWS, SO AS TO ALLOW AN ANIMAL TO BE HELD BY THE SOUTH CAROLINA SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS OR OTHER SOCIETY INVOLVED IN THE SEIZURE OF AN ANIMAL AFTER ITS CUSTODIAN'S ARREST PENDING CRIMINAL DISPOSITION OF THE CASE AT A FACILITY MAINTAINED OR CONTRACTED BY THAT AGENCY; TO AMEND SECTION 47-1-170, RELATING TO PENALTIES, FINES, AND LIENS ASSESSED UPON AN ANIMAL CRUELLY USED SO AS TO REQUIRE THE CONVICTED OWNER OR PERSON HAVING CUSTODY OF A CRUELLY USED ANIMAL TO FORFEIT OWNERSHIP OF THE ANIMAL AND BE RESPONSIBLE FOR COSTS INCURRED AS ORDERED BY THE SENTENCING COURT; AND TO REPEAL SECTION 47-1-30, RELATING TO WILFUL ABUSE OF HORSES OR OTHER "BEASTS OF BURDEN".

Read the first time and referred to the Committee on Agriculture and Natural Resources.

S. 1264 -- Senator Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 38-71-270 AND 38-71-275 SO AS TO PROHIBIT INSURERS TRANSACTING MEDICARE SUPPLEMENT INSURANCE FROM DENYING OR CONDITIONING THE ISSUANCE OR EFFECTIVENESS OF ANY MEDICARE SUPPLEMENT INSURANCE POLICY OR CERTIFICATE OF COVERAGE FOR CERTAIN STATED REASONS AND TO PROVIDE FOR RELATED MATTERS.

Read the first time and referred to the Committee on Banking and Insurance.

Printed Page 1167 . . . . . Wednesday, March 20, 1996
S. 1265 -- Senator McConnell: A BILL TO AMEND SECTION 12-6-3380 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAX CREDITS FOR CHILD AND DEPENDENT CARE, SO AS TO PROVIDE A TAX CREDIT FOR FOSTER PARENTS WHO INCUR AFTER-SCHOOL AND DAY CARE EXPENSES FOR FOSTER CHILDREN RESIDING IN THEIR HOMES.

Read the first time and referred to the Committee on Finance.

S. 1266 -- Senator Gregory: A BILL TO AMEND SECTION 50-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPEN SEASON FOR ANTLERED DEER, SO AS TO PROHIBIT THE DEPARTMENT OF NATURAL RESOURCES FROM PROVIDING A BREAK IN THE SEASON ON PRIVATE LANDS IN GAME ZONE 4.

Read the first time and referred to the Committee on Fish, Game and Forestry.

S. 1267 -- Senators Ryberg and Wilson: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE ELECTION OF MEMBERS OF THE SUPREME COURT, SO AS TO PROVIDE THAT MEMBERS OF THE SUPREME COURT SHALL BE POPULARLY ELECTED FROM THE STATE AT-LARGE BY THE QUALIFIED VOTERS OF THE STATE IN A NONPARTISAN ELECTION; TO AMEND SECTION 8, ARTICLE V OF THE CONSTITUTION OF THIS STATE, RELATING TO ELECTION OF MEMBERS OF THE COURT OF APPEALS, SO AS TO PROVIDE THAT JUDGES OF THE COURT OF APPEALS SHALL BE POPULARLY ELECTED FROM THE STATE AT-LARGE BY THE QUALIFIED VOTERS OF THE STATE IN A NONPARTISAN ELECTION; TO AMEND SECTION 13, ARTICLE V OF THE CONSTITUTION OF THIS STATE, RELATING TO JUDICIAL CIRCUIT JUDGES, SO AS TO PROVIDE THAT CIRCUIT COURT JUDGES SHALL BE POPULARLY ELECTED FROM THE JUDICIAL CIRCUITS DIVIDED BY THE GENERAL ASSEMBLY BY THE QUALIFIED VOTERS OF EACH CIRCUIT IN A NONPARTISAN ELECTION; AND TO AMEND SECTION 18, ARTICLE V OF THE CONSTITUTION OF THIS STATE, RELATING TO THE FILLING OF VACANCIES ON THE SUPREME COURT, COURT OF APPEALS AND CIRCUIT COURT, SO AS TO PROVIDE THAT ALL VACANCIES MUST BE FILLED BY APPOINTMENT BY THE

Printed Page 1168 . . . . . Wednesday, March 20, 1996
GOVERNOR, WITH THE ADVICE AND CONSENT OF THE SENATE, FOR THE UNEXPIRED TERM OF THE PREDECESSOR.

Senator RYBERG spoke on the Joint Resolution.

Read the first time and referred to the Committee on Judiciary.

S. 1268 -- Senators Ryberg and Wilson: A BILL TO AMEND SECTION 14-3-10 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPOSITION AND ELECTION OF MEMBERS OF THE SUPREME COURT, SO AS TO PROVIDE THAT MEMBERS OF THE SUPREME COURT SHALL BE POPULARLY ELECTED FROM THE STATE AT-LARGE BY THE QUALIFIED VOTERS OF THE STATE IN A NONPARTISAN ELECTION; TO AMEND SECTION 14-3-40 OF THE 1976 CODE, RELATING TO VACANCIES ON THE SUPREME COURT, SO AS TO PROVIDE THAT VACANCIES SHALL BE FILLED BY APPOINTMENT BY THE GOVERNOR, WITH THE ADVICE AND CONSENT OF THE SENATE, FOR THE REMAINDER OF THE UNEXPIRED TERM; TO AMEND SECTION 14-5-110 OF THE 1976 CODE, RELATING TO THE QUALIFICATION FOR OFFICE BY CIRCUIT COURT JUDGES, SO AS TO PROVIDE THAT TERMS OF OFFICE FOR ALL CIRCUIT JUDGES ELECTED AFTER JANUARY 1, 1997, SHALL COMMENCE AS OF JANUARY FIRST OF THE YEAR FOLLOWING THE YEAR IN WHICH THEY ARE ELECTED, RATHER THAN JUNE THIRTIETH OF THE YEAR IN WHICH THEY ARE ELECTED, AND TO PROVIDE THAT THE TERM OF ANY JUDGE IN OFFICE ON JANUARY 1, 1997, WHICH EXPIRES ON JUNE THIRTIETH OF A YEAR SHALL BE EXTENDED UNTIL DECEMBER THIRTY-FIRST OF THAT YEAR; TO AMEND SECTION 14-5-610 OF THE 1976 CODE, RELATING TO THE DIVISION OF THE STATE INTO JUDICIAL CIRCUITS AND THE ELECTION OF JUDGES THEREIN, SO AS TO INCREASE THE NUMBER OF JUDGES ELECTED IN EACH CIRCUIT, TO DELETE PROVISIONS RELATING TO AT-LARGE JUDGES, AND TO ASSIGN THE NUMBERED AT-LARGE SEATS TO PARTICULAR JUDICIAL CIRCUITS; TO AMEND SECTION 14-8-20 OF THE 1976 CODE, RELATING TO ELECTION OF MEMBERS OF THE COURT OF APPEALS, SO AS TO PROVIDE THAT JUDGES OF THE COURT OF APPEALS SHALL BE POPULARLY ELECTED FROM THE STATE AT-LARGE BY THE QUALIFIED VOTERS OF THE STATE IN A NONPARTISAN ELECTION; TO AMEND SECTION 14-8-60 OF THE 1976 CODE,

Printed Page 1169 . . . . . Wednesday, March 20, 1996
RELATING TO VACANCIES ON THE COURT OF APPEALS, SO AS TO PROVIDE THAT VACANCIES SHALL BE FILLED BY APPOINTMENT BY THE GOVERNOR, WITH THE ADVICE AND CONSENT OF THE SENATE, FOR THE REMAINDER OF THE UNEXPIRED TERM; TO AMEND SECTION 20-7-1370 OF THE 1976 CODE, RELATING TO THE QUALIFICATIONS, ELECTION AND TERMS OF FAMILY COURT JUDGES, SO AS TO PROVIDE THAT FAMILY COURT JUDGES SHALL BE POPULARLY ELECTED FROM THE JUDICIAL CIRCUITS BY THE QUALIFIED VOTERS OF EACH CIRCUIT IN A NONPARTISAN ELECTION AND TO PROVIDE THAT VACANCIES SHALL BE FILLED BY APPOINTMENT BY THE GOVERNOR, WITH THE ADVICE AND CONSENT OF THE SENATE, FOR THE REMAINDER OF THE UNEXPIRED TERM; TO AMEND SECTION 7-11-10 OF THE 1976 CODE, RELATING TO METHODS OF NOMINATING CANDIDATES, SO AS TO PROVIDE THAT CANDIDATES FOR THE OFFICE OF FAMILY COURT JUDGE, CIRCUIT COURT JUDGE, JUDGE OF THE COURT OF APPEALS, OR JUSTICE OF THE SUPREME COURT SHALL BE NOMINATED IN A NONPARTISAN PRIMARY TO BE HELD JOINTLY WITH POLITICAL PARTY PRIMARIES; TO AMEND CHAPTER 11, TITLE 7 OF THE 1976 CODE, RELATING TO THE DESIGNATION AND NOMINATION OF CANDIDATES, BY ADDING SECTION 7-11-23 SO AS TO PROVIDE FOR NONPARTISAN PRIMARIES FOR THE ELECTION OF JUDGES; TO AMEND SECTION 7-13-10 OF THE 1976 CODE, RELATING TO THE TIME OF GENERAL ELECTIONS FOR OFFICERS, SO AS TO INCLUDE JUDICIAL OFFICERS AMONG THOSE WHO MUST BE ELECTED AT THE TIME OF THE GENERAL ELECTION; TO AMEND SECTION 7-13-15 OF THE CODE, RELATING TO THE DATE OF PRIMARY ELECTIONS, SO AS TO PROVIDE THAT A NONPARTISAN PRIMARY TO NOMINATE CANDIDATES FOR ELECTION AS JUDGES SHALL BE HELD JOINTLY WITH THE POLITICAL PRIMARIES ON THE SECOND TUESDAY IN JUNE OF EACH GENERAL ELECTION YEAR; TO AMEND CHAPTER 13, TITLE 7 OF THE 1976 CODE, RELATING TO THE CONDUCT OF ELECTIONS, BY ADDING SECTION 7-13-335 SO AS TO PROVIDE FOR THE MANNER IN WHICH NAMES OF CANDIDATES MUST BE PLACED ON THE BALLOT IN A NONPARTISAN ELECTION FOR THE ELECTION OF JUDGES AND BY ADDING SECTION 7-13-630 SO AS TO PROVIDE FOR THE MANNER IN WHICH NAMES OF CANDIDATES MUST BE PLACED ON THE BALLOT IN
Printed Page 1170 . . . . . Wednesday, March 20, 1996
A NONPARTISAN PRIMARY FOR THE ELECTION OF JUDGES; TO AMEND SECTION 8-13-1314 OF THE 1976 CODE, RELATING TO CAMPAIGN CONTRIBUTION LIMITS AND RESTRICTIONS, SO AS TO PROVIDE THAT NO CANDIDATE FOR THE SUPREME COURT OR COURT OF APPEALS MAY SOLICIT OR ACCEPT A CONTRIBUTION WHICH EXCEEDS FIVE HUNDRED DOLLARS IN AN ELECTION CYCLE, AND THAT NO CANDIDATE FOR CIRCUIT COURT OR FAMILY COURT MAY SOLICIT OR ACCEPT A CONTRIBUTION WHICH EXCEEDS TWO HUNDRED DOLLARS IN AN ELECTION CYCLE; TO AMEND SECTION 8-13-1316 OF THE 1976 CODE, RELATING TO RESTRICTIONS ON CAMPAIGN CONTRIBUTIONS, SO AS TO PROVIDE THAT NO CANDIDATE FOR JUDICIAL OFFICE OR ANYONE ACTING ON HIS BEHALF MAY SOLICIT OR ACCEPT A CONTRIBUTION FROM A POLITICAL PARTY OR A PARTY COMMITTEE OR A LEGISLATIVE CAUCUS COMMITTEE OF A POLITICAL PARTY; TO PROVIDE THAT AN AT-LARGE CIRCUIT COURT JUDGE SERVING IN OFFICE ON THE EFFECTIVE DATE OF THIS ACT WHOSE SEAT IS ASSIGNED TO A JUDICIAL CIRCUIT PURSUANT TO THIS ACT DOES NOT HAVE TO BE A RESIDENT OF THE CIRCUIT TO WHICH HIS SEAT IS ASSIGNED AND MAY SEEK ELECTION WHEN HIS TERM EXPIRES IN THE NONPARTISAN ELECTION HELD PURSUANT TO THIS ACT IN THE CIRCUIT TO WHICH HIS SEAT IS ASSIGNED; AND TO PROVIDE THAT THE PROVISIONS OF THIS ACT TAKE EFFECT UPON RATIFICATION OF AMENDMENTS TO SECTIONS 3 AND 8 OF ARTICLE V OF THE CONSTITUTION OF THIS STATE, REQUIRING THAT THE MEMBERS OF THE SUPREME COURT AND THE COURT OF APPEALS BE ELECTED BY THE QUALIFIED ELECTORS OF THIS STATE AND TO SECTION 13, ARTICLE V OF THE CONSTITUTION OF THIS STATE, REQUIRING THAT CIRCUIT COURT JUDGES BE ELECTED BY THE QUALIFIED ELECTORS OF THE JUDICIAL CIRCUITS DIVIDED BY THE GENERAL ASSEMBLY.

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