H*4856(Rat #0521, Act #0388 of 1998)  General Bill, By Delleney and Wilkins
 A BILL 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 ALL MATERIALS CONCERNING A WITHDRAWN CANDIDATE INCLUDING HIS REPORT,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; AND 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 SO AS TO REMOVE WITHDRAWN CANDIDATES FROM THE PROVISIONS OF THIS SECTION AND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.-AMENDED TITLE

   03/19/98  House  Introduced, read first time, placed on calendar
                     without reference HJ-62
   03/25/98  House  Read second time HJ-33
   03/26/98  House  Read third time and sent to Senate HJ-9
   03/27/98  Senate Introduced and read first time SJ-9
   03/27/98  Senate Referred to Committee on Judiciary SJ-9
   04/08/98  Senate Committee report: Favorable with amendment
                     Judiciary SJ-17
   05/26/98  Senate Amended SJ-48
   05/26/98  Senate Read second time SJ-48
   05/26/98  Senate Ordered to third reading with notice of
                     amendments SJ-48
   05/28/98  Senate Amended SJ-25
   05/28/98  Senate Read third time and returned to House with
                     amendments SJ-25
   06/03/98  House  Concurred in Senate amendment and enrolled HJ-22
   06/10/98         Ratified R 521
   06/12/98         Signed By Governor
   06/17/98         Effective date 06/12/98
   06/17/98         Copies available
   06/30/98         Act No. 388

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SOUTH CAROLINA, 1976, RELATING TO THE ELECTION OF JUSTICES AND JUDGES, SO AS TO REQUIRE THAT ALL MATERIALS CONCERNING A WITHDRAWN CANDIDATE INCLUDING HIS REPORT, TRANSCRIPT, APPLICATION MATERIALS, AND ALL INFORMATION GATHERED DURING THE COMMISSION'S INVESTIGATION MUST BE KEPT CONFIDENTIAL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.