South Carolina General Assembly

117th Session, 2007-2008

S. 105

STATUS INFORMATION

General Bill

Sponsors: Senators Ritchie, McConnell, Campsen, Courson, Elliott, Richardson, Vaughn, Knotts and Fair

Document Path: l:\s-jud\bills\ritchie\jud0005.jhr.doc

Introduced in the Senate on January 9, 2007

Introduced in the House on January 31, 2007

Currently residing in the House Committee on Judiciary

Summary: Judicial Merit Selection Commission

HISTORY OF LEGISLATIVE ACTIONS

DateBodyAction Description with journal page number

12/6/2006SenatePrefiled

12/6/2006SenateReferred to Committee on Judiciary

1/9/2007SenateIntroduced and read first time SJ72

1/9/2007SenateReferred to Committee on JudiciarySJ72

1/17/2007SenateReferred to Subcommittee: Moore (ch), Ford, Mescher, Rankin, Scott

1/24/2007SenateCommittee report: Favorable JudiciarySJ15

1/25/2007SenateRead second time SJ25

1/30/2007SenateRead third time and sent to House SJ12

1/31/2007HouseIntroduced and read first time HJ17

1/31/2007HouseReferred to Committee on JudiciaryHJ17

VERSIONS OF THIS BILL

12/6/2006

1/24/2007

Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

January 24, 2007

S.105

Introduced by Senators Ritchie, McConnell, Campsen, Courson, Elliott, Richardson, Vaughn, Knotts and Fair

S. Printed 1/24/07--S.

Read the first time January 9, 2007.

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (S.105) to amend Section 21970, Code of Laws of South Carolina, 1976, relating to pledging, so as to prohibit a person or judicial candidate from directly, etc., respectfully

REPORT:

That they have duly and carefully considered the same and recommend that the same do pass:

JOEL LOURIE for Committee.

STATEMENT OF ESTIMATED FISCAL IMPACT

ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES:

$0 (No additional expenditures or savings are expected)

ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER FUND EXPENDITURES:

$0 (No additional expenditures or savings are expected)

EXPLANATION OF IMPACT:

The Senate and the House of Representatives indicate this bill will have no impact on the General Fund of the State or on federal and/or other funds.

Approved By:

Don Addy

Office of State Budget

[105-1]

A BILL

TO AMEND SECTION 21970, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PLEDGING, SO AS TO PROHIBIT A PERSON OR JUDICIAL CANDIDATE FROM DIRECTLY OR INDIRECTLY SEEKING THE PLEDGE OF A MEMBER OF THE GENERAL ASSEMBLY REGARDING SCREENING FOR ANY JUDICIAL OFFICE UNTIL THE QUALIFICATIONS OF ALL THE CANDIDATES HAVE BEEN DETERMINED BY THE JUDICIAL MERIT SELECTION COMMISSION AND THE COMMISSION HAS FORMALLY RELEASED ITS REPORT.

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

SECTION1.Subsections (C) and (D) of Section 21970 of the 1976 Code are amended to read:

“(C)No candidate for judicial officeperson may directly or indirectly seek directly or indirectly the pledge of a member of the General Assembly’s vote or, directly or indirectly, contact a member of the General Assembly regarding screening for theany judicial office until the qualifications of all candidates for that office have been determined by the Judicial Merit Selection Commission and the commission has formally released its report as to the qualifications of all candidates for the vacancy to the General Assembly. No member of the General Assembly may directly or indirectly offer his pledge to any person who plans to seek any judicial office or to any candidate until the qualifications of all candidates for that office have been determined by the Judicial Merit Selection Commission and until the commission has formally released its report as to the qualifications of its nominees to the General Assembly. The formal release of the report of qualifications shall occur no earlier than fortyeight hours after the nominees have been initially released to members of the General Assembly. For purposes of this section, indirectly seeking a pledge means thea person, a candidate, or someone acting on behalf of and at the request of thea person or a candidate, requesting a personsomeone to contact a member of the General Assembly on behalf of thea person or a candidate before nominations for that office are formally made by the commission. 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.

(D)No member of the General Assembly may trade anything of value, including pledges to vote for legislation or for other persons or candidates, in exchange for another member’s pledge to vote for a candidate for judicial office.”

SECTION2.This act takes effect upon approval by the Governor.

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