Current Status Bill Number:
4856Ratification Number: 521Act Number: 388Type of Legislation: General Bill GBIntroducing Body: HouseIntroduced Date: 19980319Primary Sponsor: DelleneyAll Sponsors: Delleney and WilkinsDrafted Document Number: GJK\21339SD.98Date Bill Passed both Bodies: 19980603Date of Last Amendment: 19980528Governor's Action: SDate of Governor's Action: 19980612Subject: Judicial Merit Selection, Courts, withdrawn candidate for judge; General Assembly; Freedom of Information, Elections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 referenceView additional legislative information at the LPITS web site.
(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SOUTH CAROLINA, 1976, RELATING TO THE ELECTION OF JUSTICES AND JUDGES, SO AS TO REQUIRE THAT ALL MATERIALS CONCERNING A WITHDRAWN CANDIDATE INCLUDING HIS REPORT, TRANSCRIPT, APPLICATION MATERIALS, AND ALL INFORMATION GATHERED DURING THE COMMISSION'S INVESTIGATION MUST BE KEPT CONFIDENTIAL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OF INFORMATION ACT; TO AMEND SECTION 2-19-50, AS AMENDED, RELATING TO THE CONFIDENTIALITY OF RECORDS, SO AS TO REMOVE WITHDRAWN CANDIDATES FROM THE PROVISIONS OF THIS SECTION AND PROVIDE THAT INFORMATION REQUIRED TO BE KEPT CONFIDENTIAL ALSO IS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM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:
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."
SECTION 5. This act takes effect upon approval by the Governor.
Approved the 12th day of June, 1998.