Bill 4856

                    Current Status

Bill Number:                    4856
Ratification Number:            521
Act Number:                     388
Type of Legislation:            General Bill GB
Introducing Body:               House
Introduced Date:                19980319
Primary Sponsor:                Delleney
All Sponsors:                   Delleney and Wilkins 
Drafted Document Number:        GJK\21339SD.98
Date Bill Passed both Bodies:   19980603
Date of Last Amendment:         19980528
Governor's Action:              S
Date of Governor's Action:      19980612
Subject:                        Judicial Merit Selection, Courts,
                                withdrawn candidate for judge; General
                                Assembly; Freedom of Information,
                                Elections

Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

------  19980624  Act No. A388
------  19980612  Signed by Governor
------  19980610  Ratified R521
House   19980603  Concurred in Senate amendment,
                  enrolled for ratification
Senate  19980528  Read third time, returned to House
                  with amendment
Senate  19980528  Committee amendment amended and adopted
Senate  19980526  Read second time, ordered to
                  third reading with notice of
                  general amendments, carrying
                  over all amendments to third
                  reading
Senate  19980526  Committee amendment amended and
                  carried over
Senate  19980408  Committee report: Favorable with         11 SJ
                  amendment
Senate  19980327  Introduced, read first time,             11 SJ
                  referred to Committee
House   19980326  Read third time, sent to Senate
House   19980325  Read second time
House   19980319  Introduced, read first time,
                  placed on Calendar without reference

(A388, R521, H4856)

AN ACT TO AMEND SECTION 2-19-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ELECTION OF JUSTICES AND JUDGES, SO AS TO REQUIRE THAT ALL MATERIALS CONCERNING A WITHDRAWN CANDIDATE INCLUDING HIS REPORT, TRANSCRIPT, APPLICATION MATERIALS, AND ALL INFORMATION GATHERED DURING THE COMMISSION'S INVESTIGATION MUST BE KEPT CONFIDENTIAL AND DESTROYED AND IS EXEMPT FROM DISCLOSURE PURSUANT TO THE FREEDOM OF INFORMATION ACT; TO AMEND SECTION 2-19-50, AS AMENDED, RELATING TO THE CONFIDENTIALITY OF RECORDS, SO AS TO REMOVE WITHDRAWN CANDIDATES FROM THE PROVISIONS OF THIS SECTION AND PROVIDE THAT INFORMATION REQUIRED TO BE KEPT CONFIDENTIAL ALSO IS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT; TO AMEND SECTION 2-19-70, AS AMENDED, RELATING TO RESTRICTIONS AGAINST CERTAIN ACTIVITIES BY JUDICIAL CANDIDATES, SO AS TO FURTHER PROVIDE FOR THOSE PERSONS WHO MAY BE GRANTED THE PRIVILEGE OF THE FLOOR IN EITHER HOUSE; AND TO ADD SECTION 2-20-70 SO AS TO PROVIDE FOR THOSE PERSONS WHO MAY BE GRANTED THE PRIVILEGE OF THE FLOOR IN EITHER HOUSE IN REGARD TO NONJUDICIAL CANDIDATES.

Be it enacted by the General Assembly of the State of South Carolina:

Candidate materials

SECTION 1. Section 2-19-30(E) of the 1976 Code, as last amended by Act 391 of 1996, is further amended to read:

(E) A candidate may withdraw at any stage of the proceedings and in this event no further inquiry or consideration of his candidacy shall be made. All materials concerning that candidate including his report, transcript, application, materials, and other information gathered during the commission's investigation must be kept confidential and destroyed as soon as possible after the candidate's written notification to the commission of his withdrawal. The information concerning a withdrawn candidate also shall be exempt from disclosure pursuant to Chapter 4 of Title 30.

Confidentiality of records

SECTION 2. Section 2-19-50 of the 1976 Code, as last amended by Act 391 of 1996, is further amended to read:

"Section 2-19-50. All records, information, and other material that the Judicial Merit Selection Commission has obtained or used to make its findings of fact, except materials, records, and information presented under oath at the public hearing, must be kept strictly confidential. After the commission has reported its findings of fact, all records, information, and material required to be kept confidential must be destroyed. The information required to be kept confidential also shall be exempt from disclosure pursuant to Chapter 4 of Title 30."

Privilege of the floor

SECTION 3. Section 2-19-70(B) of the 1976 Code, as last amended by Act 391 of 1996, is further amended to read:

"(B) The privilege of the floor in either house of the General Assembly may not be granted to any candidate or any immediate family member of a candidate unless the family member is serving in the General Assembly, during the time the candidate's application is pending before the commission and during the time his nomination by the commission for election to a particular judicial office is pending in the General Assembly."

Privilege of the floor

SECTION 4. The 1976 Code is amended by adding:

"Section 2-20-70. The privilege of the floor in either house of the General Assembly may not be granted to any candidate, or any immediate family member of a candidate unless the family member is serving in the General Assembly, during the time the candidate's application is pending before the joint committee and during the time his election is pending in the General Assembly."

Time effective

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

Approved the 12th day of June, 1998.