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SECTION 9. Section 14-3-10 of the 1976 Code is amended to read:

"Section 14-3-10. The Supreme Court shall consist of a Chief Justice and four associate justices, who shall must be elected by a joint viva voce vote of the General Assembly appointed by the Governor from a list of nominees submitted by the Judicial Merit Selection Commission. Justices shall serve for a term of ten years and shall continue in office to serve until their successors are elected appointed and qualified. They shall be so classified that one of them shall go out of office every two years. The successors of the Chief Justice and associate justices shall be elected at the session of the General Assembly next preceding the expiration of their respective terms. The time for the commencement of their terms of office shall be is the first day of August after their election appointment."

SECTION 10. Section 14-3-20 of the 1976 Code is amended to read:

"Section 14-3-20. The justices of the Supreme Court shall qualify within twelve months after the date of their election appointment by taking the constitutional oath or the office shall must be declared vacant by the Governor. The oath shall must be administered by a justice of said the court or by a circuit judge."

SECTION 11. Section 14-3-40 of the 1976 Code is amended to read:

"Section 14-3-40. All interim vacancies in the Supreme Court shall must be filled by elections as herein prescribed; provided that appointment as prescribed in Article V, Section 3 of the Constitution. However, if the unexpired term does not exceed one year such the vacancy may be filled by executive appointment. When a an interim vacancy is so filled by either appointment or election, the incumbent shall hold office only for the unexpired term of his predecessor."

"Section 14-5-110. The circuit judges of this State, upon their election appointment, shall qualify by taking the oath required by the Constitution of this State before a Justice of the Supreme Court, a judge of the Court of Appeals, the President of the Senate, the Speaker or Speaker Emeritus of the House of Representatives, a Circuit Court Judge, a clerk of the Supreme Court, a clerk of the Circuit Court of common pleas or a probate judge of the county, and shall forthwith immediately enter upon their duties. Such The oath must be filed in the office of the Secretary of State. Terms of office for all circuit judges elected after January 1, 1977, shall commence as of July first of the year in which they are elected appointed."

SECTION 13. Section 14-5-160 of the 1976 Code is amended to read:

"Section 14-5-160. Whenever any a circuit judge, pending his assignment to hold the courts of any circuit, shall die, resign, be dies, resigns, becomes disabled by illness, or be is excused for any other reason considered sufficient in the opinion of the Chief Justice of the Supreme Court or in case of a an interim vacancy in the office of circuit judge of any circuit or if a special session of the court of general sessions or common pleas be is ordered as provided for in Sections 14-5-910 to 14-5-950, the Chief Justice of the Supreme Court may assign any other another disengaged circuit judge to hold the courts of any such the circuit, to fill any appointment made necessary by such the vacancy or to hold any special session of the Circuit Court that may be ordered by the Chief Justice. However, if the unexpired term exceeds one year, the vacancy must be filled in the original manner of appointment as prescribed in Article V, Section 13 of the Constitution. When an interim vacancy is filled by appointment, the incumbent shall hold office only for the unexpired term of his predecessor."

SECTION 14. Section 14-5-610 of the 1976 Code, as last amended by Act 610 of 1990, is further amended to read:

"Section 14-5-610. The State is divided into sixteen judicial circuits as follows:

(1) The first circuit is composed of the counties of Calhoun, Dorchester, and Orangeburg.

(2) The second circuit is composed of the counties of Aiken, Bamberg, and Barnwell.

(3) The third circuit is composed of the counties of Clarendon, Lee, Sumter, and Williamsburg.

(4) The fourth circuit is composed of the counties of Chesterfield, Darlington, Marlboro, and Dillon.

(6) The sixth circuit is composed of the counties of Chester, Lancaster, and Fairfield.

(7) The seventh circuit is composed of the counties of Cherokee and Spartanburg.

(8) The eighth circuit is composed of the counties of Abbeville, Greenwood, Laurens, and Newberry.

(9) The ninth circuit is composed of the counties of Charleston and Berkeley.

(10) The tenth circuit is composed of the counties of Anderson and Oconee.

(11) The eleventh circuit is composed of the counties of Lexington, McCormick, Saluda, and Edgefield.

(12) The twelfth circuit is composed of the counties of Florence and Marion.

(13) The thirteenth circuit is composed of the counties of Greenville and Pickens.

(14) The fourteenth circuit is composed of the counties of Allendale, Hampton, Colleton, Jasper, and Beaufort.

(15) The fifteenth circuit is composed of the counties of Georgetown and Horry.

(16) The sixteenth circuit is composed of the counties of York and Union.

One judge must be elected appointed from the first, second, sixth, twelfth, and sixteenth circuits. Two judges must be elected appointed from the third, fourth, seventh, eighth, tenth, eleventh, fourteenth, and fifteenth circuits. Three judges must be elected appointed from the fifth, ninth, and thirteenth circuits.

In addition to the above judges authorized by this section, there must be ten additional circuit judges elected by the General Assembly from the State at large appointed by the Governor from a list of nominees submitted by the Judicial Merit Selection Commission. Judges serve for terms of office of six years. These additional judges must be elected appointed without regard to county or circuit of residence. Each office of the at-large judges is a separate office and is assigned numerical designations of Seat No. 1 through Seat No. 10 respectively."

SECTION 15. Section 14-8-20 of the 1976 Code is amended to read:

"Section 14-8-20. (a)(A) The members of the Court of Appeals shall must be elected by joint public vote of the General Assembly appointed by the Governor from a list of nominees submitted by the Judicial Merit

(b)(B) Each seat on the court shall must be numbered. Candidates shall be are required to file for a specific seat. Seat five 5 shall be is designated as the office of Chief Judge and shall be is a separate and distinct office for the purpose of an election appointment.

(c) In any contested election, the vote of each member of the General Assembly present and voting shall be recorded; provided, that the provisions of Chapter 19 of Title 2 shall be followed in the course of electing the members of the Court."

SECTION 16. Section 14-8-30 of the 1976 Code is amended to read:

"Section 14-8-30. No person shall be is eligible for the office of Chief Judge or Associate Judge of the court who does not at the time of his election or appointment meet the qualifications for justices and judges as set forth in Article V of the Constitution of this State."

SECTION 17. Section 14-8-40 of the 1976 Code is amended to read:

"Section 14-8-40. The judges of the court shall qualify within twelve months after the date of their election appointment by taking the constitutional oath or the office shall must be declared vacant by the Governor. The oath shall must be administered by a Justice of the Supreme Court, a Judge of the Court of Appeals, or by a Circuit Court Judge."

SECTION 18. Section 14-8-60 of the 1976 Code is amended to read:

"Section 14-8-60. All interim vacancies in the Court of Appeals shall must be filled in the manner of original election; provided, that appointment as prescribed in Article V, Section 8 of the Constitution. However, if the unexpired term does not exceed one year such the vacancy may be filled by executive appointment. When a an interim vacancy is filled, the judge selected shall hold office only for the unexpired term of his predecessor."

SECTION 19. Section 20-7-1370 of the 1976 Code, as last amended by Act 17 of 1989, is further amended to read:

B.(B) Family Court judges must be elected by the General Assembly appointed by the Governor from a list of nominees submitted by the Judicial Merit Selection Commission as provided in Chapter 6 of Title 14. Upon appointment, a Family Court Judge shall serve for a terms term of six years and until their successors are elected and qualify his successor is appointed and qualifies.

C.(C) The terms of all Family Court Judges expire on the thirtieth day of June of the year in which their terms are scheduled to expire.

D.(D) For the purpose of electing appointing Family Court Judges, if more than one judge is to be elected appointed from a circuit, each judgeship in that circuit shall must be serially numbered beginning with the number (1) and the General Assembly shall elect Governor shall appoint a judge for each such judgeship. Any A candidate for the office of Family Court Judge in a circuit shall specifically file and run apply for a serially-numbered judgeship in that circuit.

E.(E) When a vacancy occurs for an unexpired term in an office of Family Court Judge, the vacancy must be filled in the original manner of appointment as prescribed in subsection (B). However, if the unexpired term does not exceed one year the vacancy may be filled by the Governor, upon recommendation of the Chief Justice shall commission a temporary Family Court Judge to fill such vacancy until such time as the General Assembly shall elect a successor who shall serve for the remainder of the unexpired term. Such The temporary Family Court Judge shall receive as compensation for his services the salary paid to a regular Family Court Judge and in addition thereto also shall also receive the subsistence and mileage as authorized by law for Family Court Judges.

When an interim vacancy is filled by appointment, the incumbent shall hold office only for the unexpired term of his predecessor. However, the Chief Justice may assign any other disengaged Family Court Judge to hold the courts of the seat until the vacancy is filled."

"Section 20-7-1410. The General Assembly Governor shall elect appoint, pursuant to Section 20-7-1370, a number of Family Court Judges from each judicial circuit as follows:

First Circuit. . . . .Two Judges

Second Circuit. . . . .Two Judges

Third Circuit. . . . .Three Judges

Fourth Circuit. . . . .Three Judges

Fifth Circuit. . . . .Four Judges

Sixth Circuit. . . . .Two Judges

Seventh Circuit. . . . .Three Judges

Eighth Circuit. . . . .Three Judges

Ninth Circuit. . . . .Four Judges

Tenth Circuit. . . . .Three Judges

Eleventh Circuit. . . . .Three Judges

Twelfth Circuit. . . . .Three Judges

Thirteenth Circuit. . . . .Four Judges

Fourteenth Circuit. . . . .Three Judges

Fifteenth Circuit. . . . .Two Judges

Sixteenth Circuit. . . . .Two Judges

In the following judicial circuits at least one Family Court Judge must be a resident of each county in the circuit: fifth, seventh, ninth, tenth, twelfth, thirteenth, fifteenth, and sixteenth. In those judicial circuits made up of three or more counties at least one Family Court Judge must be a resident of one of the counties which does not have the largest population in the circuit.

No county in the sixth circuit shall have more than one resident Family Court Judge."

SECTION 21. Sections 2-19-70 and 2-19-80 of the 1976 Code are repealed.

SECTION 22. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences,

SECTION 23. This act takes effect upon ratification of an amendment to Article V of the Constitution of this State establishing a Judicial Merit Selection Commission to assist the Governor in the selection of judges and justices of the Administrative Law Judge Division, Circuit Court, Court of Appeals, Supreme Court, Family Court, and other courts of uniform jurisdiction as provided by the General Assembly, and authorizing the Governor to make such appointments./

Renumber sections to conform.

Amend and title to conform.

Rep. HODGES moved to table the amendment, which was agreed to.

The question then recurred to the passage of the Bill, as amended, on second reading.

Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:

Those who voted in the affirmative are:

Allison          Askins           Baxley
Boan             Brown, J.        Cain
Cato             Chamblee         Clyburn
Cooper           Dantzler         Delleney
Easterday        Fair             Felder
Fleming          Gamble           Harris, J.
Harrison         Haskins          Herdklotz
Hines            Hodges           Hutson
Inabinett        Jaskwhich        Keegan
Keyserling       Kirsh            Knotts
Koon             Lanford          Limbaugh
Littlejohn       Marchbanks       Mason
McCraw           McMahand         McTeer
Meacham          Neilson          Phillips
Rhoad            Rice             Richardson
Riser            Robinson         Sandifer
Sharpe           Sheheen          Simrill
Smith, D.        Smith, R.        Spearman
Stille           Stuart           Townsend

Tripp            Trotter          Tucker
Vaughn           Waldrop          Walker
Wells            Whatley          Whipper, S.
Wilder           Wilkins          Witherspoon
Wofford          Worley           Wright
Young, A.        Young, J.

Those who voted in the negative are:

Howard           Neal

So, the Bill, as amended, was read the second time and ordered to third reading.

I was out of the House Chamber when we voted on H. 3961. Had I been present I would have voted in favor of H. 3961, having been present and voted for the passage of H. 3962.

Rep. LYNN SEITHEL

Rep. BOAN moved that the House recur to the morning hour, which was agreed to.

The following was received.
Columbia, S.C., May 30, 1995
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 844:
S. 844 -- Senators McConnell, Passailaigue, Rose and Giese: A CONCURRENT RESOLUTION MEMORIALIZING THE UNITED STATES CONGRESS TO DIRECT THE GENERAL SERVICES ADMINISTRATION TO TRANSFER OWNERSHIP OF THE REMAINS OF THE ATTACK SUBMARINE THE HUNLEY TO THE STATE OF SOUTH CAROLINA FOR ENSHRINEMENT AT THE

The following was introduced:

H. 4268 -- Reps. Rhoad and Cave: A CONCURRENT RESOLUTION EXTENDING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE BAMBERG-EHRHARDT HIGH SCHOOL BASEBALL TEAM AND ITS COACHES FOR A TRULY OUTSTANDING SEASON BY WINNING THE 1995 CLASS AA STATE CHAMPIONSHIP.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

The following was introduced:

H. 4269 -- Reps. Scott, Neal, Canty, Allison, Anderson, Askins, Bailey, Baxley, Beatty, Boan, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Cain, Carnell, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Fair, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Herdklotz, Hines, Hodges, Howard, Huff, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Limbaugh, Limehouse, Littlejohn, Lloyd, Marchbanks, Martin, Mason, McAbee, McCraw, McElveen, McKay, McMahand, McTeer, Meacham, Moody-Lawrence, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Rogers, Sandifer, Seithel, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Thomas, Townsend, Tripp, Trotter, Tucker, Vaughn, Waldrop, Walker, Wells, Whatley, L. Whipper, S. Whipper, White, Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, A. Young and J. Young: A CONCURRENT RESOLUTION COMMENDING THE REVEREND JAMES NEDD FOR MORE THAN FORTY YEARS OF SERVICE AS AN AFRICAN METHODIST EPISCOPAL CHURCH PASTOR AND TO WISH HIM

The Concurrent Resolution was agreed to and ordered sent to the Senate.

On motion of Rep. ROGERS, with unanimous consent, the following was taken up for immediate consideration:

H. 4270 -- Rep. Rogers: A CONCURRENT RESOLUTION TO PROCLAIM THE WEEK OF NOVEMBER 12-18, 1995, AMERICAN EDUCATION WEEK, AND WEDNESDAY, NOVEMBER 15, 1995, AS EDUCATIONAL SUPPORT DAY.

Whereas, throughout American history, public schools have helped democratize our nation, strengthen our communities, and widen our opportunities; and

Whereas, by integrating different groups into a common educational setting, public schools prepare this state's and nation's diverse population to live harmoniously in a free, democratic society; and

Whereas, the future of America in the next century depends on the students who are in our schools today; and

Whereas, all citizens have an important mutual interest in educating future citizens; and

Whereas, strong, effective public schools are a springboard to a better tomorrow; and

Whereas, American Education Week was established in 1921 to recognize the importance of public education; and

Whereas, the theme for 1995, "Good Schools are a Great Investment", is particularly critical for South Carolina; and

Whereas, teachers play a critical role in the delivery and improvement of public education; and

Whereas, education support personnel, including secretaries and clerical assistants, lunchroom workers, bus drivers, teacher aides and assistants, custodians and maintenance workers, also make important contributions to public education in South Carolina. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:

That the members of the General Assembly proclaim the week of November 12-18, 1995, American Education Week, and Wednesday, November 15, 1995, as Educational Support Day.

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