H 3135  General Bill, By R.S.Corning, J.J.Bailey, G.A.Brown, Cato, Davenport, 
L.O.Graham, H.M.Hallman, Harrell, Harrison, Haskins, M.F.Jaskwhich, Kirsh, 
Littlejohn, Meacham, Quinn, Robinson, J.S.Shissias, Simrill, C.H.Stone, Vaughn, 
C.Y.Waites, Walker, C.C.Wells, Wilder, J.B.Wilder and Young-Brickell
 A Bill to amend Act 610 of 1990, relating to the Judiciary, so as to extend
 the limit on direct soliciting members of the General Assembly for votes for
 judicial candidates before the qualifications of all candidates for the office
 are determined by the Judicial Screening Committee to indirect solicitation,
 to define indirect solicitation and provide exceptions to require the
 committee to consider violations of this Section when considering a
 candidate's qualifications; and to designate Section 6, Part IV, Act 610 of
 1990 as Section 2-19-70, Code of Laws of South Carolina, 1976.
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   01/14/93  House  Introduced and read first time HJ-12
   01/14/93  House  Referred to Committee on Judiciary HJ-13
   02/03/93  House  Committee report: Favorable with amendment
                     Judiciary HJ-5
   02/09/93  House  Debate adjourned until  Wednesday, February 10, 1993
   02/10/93  House  Amended HJ-20
   02/10/93  House  Read second time HJ-21
   02/11/93  House  Read third time and sent to Senate HJ-13
   02/11/93  Senate Introduced and read first time SJ-16
   02/11/93  Senate Referred to Committee on Judiciary SJ-17
   05/18/93  Senate Recalled from Committee on Judiciary SJ-6
   05/25/93  Senate Amended SJ-30
   05/25/93  Senate Read second time SJ-33
   05/25/93  Senate Unanimous consent for third reading on next
                     legislative day SJ-33
   05/26/93  Senate Read third time and returned to House with
                     amendments SJ-28
   06/01/93  House  Debate adjourned on Senate amendments until 
                     Thursday, June 3, 1993 HJ-67
   06/03/93  House  Non-concurrence in Senate amendment HJ-20
   06/03/93  Senate Senate insists upon amendment and conference
                     committee appointed  Sens. Holland, Stilwell,
                     Courtney SJ-16
   06/03/93  House  Conference committee appointed  Corning, Thomas &
                     Tucker HJ-54
   06/14/93  House  Free conference powers granted HJ-40
   06/14/93  House  Free conference committee appointed  Corning,
                     Thomas & Tucker HJ-42
   06/14/93  House  Free conference report received and adopted HJ-42

AMENDED

May 25, 1993

H. 3135

Introduced by REPS. Corning, Quinn, Hallman, Cato, Jaskwhich, Shissias, Harrison, Harrell, Waites, Littlejohn, A. Young, Vaughn, Haskins, J. Bailey, Walker, Simrill, Robinson, D. Wilder, J. Wilder, G. Brown, Graham, Kirsh, Davenport, Stone, Meacham and Wells

S. Printed 5/25/93--S.

Read the first time February 11, 1993.

A BILL

TO AMEND ACT 610 OF 1990, RELATING TO THE JUDICIARY, SO AS TO EXTEND THE LIMIT ON DIRECT SOLICITING OF MEMBERS OF THE GENERAL ASSEMBLY FOR VOTES FOR JUDICIAL CANDIDATES BEFORE THE QUALIFICATIONS OF ALL CANDIDATES FOR THE OFFICE ARE DETERMINED BY THE JUDICIAL SCREENING COMMITTEE TO INDIRECT SOLICITATION, TO DEFINE INDIRECT SOLICITATION AND PROVIDE EXCEPTIONS TO REQUIRE THE COMMITTEE TO CONSIDER VIOLATIONS OF THIS SECTION WHEN CONSIDERING A CANDIDATE'S QUALIFICATIONS; AND TO DESIGNATE SECTION 6, PART IV, ACT 610 OF 1990 AS SECTION 2-19-70, CODE OF LAWS OF SOUTH CAROLINA, 1976.

Amend Title To Conform

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

SECTION 1. Section 2-19-30 of the 1976 Code is amended to read:

"Section 2-19-30. Upon completion of the investigation, the chairman of the joint committee shall schedule a public hearing concerning the qualifications of the candidates. Such hearings shall be conducted no later than two weeks prior to the date set in the election resolution for such election. 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 joint committee. Such statements shall be furnished no later than forty-eight hours prior to the date and time set for the hearing. The joint committee shall determine the persons who shall testify at the hearing. All testimony, including documents furnished to the joint committee, shall be submitted under oath and persons knowingly furnishing false information either orally or in writing shall be subject to the penalties provided by law for perjury and false swearing. During the course of the investigation, the joint committee may schedule an executive session at which each candidate, and other persons whom the committee wishes to interview, may be interviewed by the joint committee on matters pertinent to the candidate's qualification for the office to be filled. A reasonable time thereafter the committee shall render its tentative findings as to whether the candidate is qualified for the office to be filled and its reasons therefor as to each candidate.

As soon as possible after the completion of the hearing, a verbatim copy of the testimony, documents submitted at the hearing, and findings of fact shall be transcribed and published in the Journals of both Houses houses or otherwise made available in a reasonable number of copies to the members of both houses prior to the date of the scheduled election, and a copy thereof shall be furnished to each candidate.

A candidate may withdraw at any stage of the proceedings and in such event no further inquiry, report on, or consideration of his candidacy shall be made."

SECTION 2. Section 6, Part IV of Act 610 of 1990 is designated as Section 2-19-70 of the 1976 Code and amended to read:

"Section 2-19-70. No candidate for judicial office 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 screening committee, nor may a member offer the pledge until the qualifications of all candidates for that office have been determined by the judicial screening committee. 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, before screening, to contact a member of the General Assembly on behalf of the candidate. The prohibitions of this section do not extend to an announcement of candidacy by the candidate and statements by the candidate detailing the candidate's qualifications.

Violations of this section may be considered by the screening committee when it considers the candidate's qualifications."

SECTION 3. Section 58-3-23 of the 1976 Code is amended to read:

"Section 58-3-23. (A) The Merit Selection Panel shall nominate candidates for election to the South Carolina Public Service Commission in the manner provided in this section. When a vacancy occurs on the Public Service Commission after July 1, 1979, by reason of expiration of a term or otherwise, or when the number of members of the Public Service Commission is to be increased or decreased, the Merit Selection Panel shall submit to the General Assembly while in regular or special session the names of two persons qualified, legally and otherwise, as candidates to fill the vacancy. and in In selecting persons for nomination to the Public Service Commission, the Merit Selection Panel must they shall endeavor to select the most qualified persons for each vacancy. However, the panel, by a vote of seventy-five percent of its total membership, may submit only one name, three names, or four names for a vacancy. Each name submitted must receive eight votes from the panel before submission to the General Assembly. Nominations by the Merit Panel must be submitted to the General Assembly not less than ninety days before the expiration of the term of a member of the commission elected under the provisions of this chapter except where the Joint Legislative Screening Committee grants additional time to the panel to consider or reconsider such nominations. Upon selecting persons for nomination Nominations to the commission their names must be made public and submitted to the Joint Legislative Screening Committee for its acceptance or rejection. General Assembly for election or nonelection. If the General Assembly is not in regular or special session when such vacancy occurs, the Merit Selection Panel shall submit the names in the same manner as provided in this section to the General Assembly at the beginning of its next regular or special session. The General Assembly shall elect one of the candidates to fill the vacancy on the Public Service Commission. However, nothing prevents the General Assembly or the Joint Legislative Screening Committee from rejecting any or all of the candidates nominated. If the General Assembly rejects the persons first nominated are rejected, the Merit Selection Panel shall submit in the same manner as provided in this section the names of other persons qualified as candidates. Further nominations shall continue to be made until the vacancy is filled. Nothing may be considered to exclude incumbent members of the commission from being eligible for re-election to the commission and the Merit Selection Panel when submitting the names of persons qualified as candidates for election to the commission may include names of incumbent members.

(B) Persons nominated as provided herein to fill vacancies on the Public Service Commission shall be screened and reviewed by the Joint Legislative Screening Committee pursuant to Chapter 19 of Title 2 of the 1976 Code to determine if they are legally and otherwise qualified for service on the Public Service Commission.

(C) No person shall be eligible for election to the commission unless he is nominated by the Merit Selection Panel. The panel shall be an independent agency and shall not, except as otherwise provided by this article, confer with or consider suggestions or requests from the Governor or any member of the General Assembly."

SECTION 4. Section 58-3-24 of the 1976 Code is amended to read:

"Section 58-3-24. No member of the South Carolina Public Service Merit Selection Panel and no member of his immediate family to include his spouse, children, brothers, sisters, parents, father-in-law, mother-in-law, brothers-in-law, sisters-in-law, nieces and nephews shall be elected to the Public Service Commission while such person is serving on the Merit Selection Panel, nor shall such person or members of his family as stipulated above be elected to the Public Service Commission for a period of four years after such person ceases to be a member of the Merit Selection Panel. Additionally, after January 1, 1981, no No member of the General Assembly shall be elected to the Public Service Commission while such person is serving in the General Assembly nor shall such person be elected to the Public Service Commission for a period of four years after he ceases to be a member of the General Assembly."

SECTION 5. Section 58-3-25 of the 1976 Code is amended to read:

"Section 58-3-25. The Merit Selection Panel and the Joint Legislative Screening Committee shall utilize such application form as may be adopted by the Joint Legislative Screening Committee. In selecting such persons for nomination to the Public Service Commission, the panel Merit Selection Panel shall seek to establish a commission which shall be broadly representative of the people of the State, men and women of ability and dedication with compassion and common sense. In selecting persons for nomination to the Public Service Commission, the merit selection panel Merit Selection Panel shall consider the knowledge and experience of the potential appointees in such varied fields as business, regulated utilities, government, accounting, law, engineering, statistics, consumer affairs, environmental affairs, and finance. In making its recommendation, the Merit Selection Panel shall seek to find the best qualified people giving due consideration to their ability and integrity."