View Amendment Current Amendment: JUD3152.004.docx to Bill 3152     Senator KNOTTS proposed the following amendment (JUD3152.004):
    Amend the committee amendment, as and if amended, by striking the committee amendment in its entirety and inserting therein the following:
/         A JOINT RESOLUTION

PROPOSING AN AMENDMENT TO SECTION 8, ARTICLE IV OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE ELECTION, QUALIFICATIONS, AND TERM OF THE LIEUTENANT GOVERNOR, SO AS TO PROVIDE THAT THE LIEUTENANT GOVERNOR IS ELECTED SEPARATELY IN THE PRIMARY ELECTION AND MUST RUN JOINTLY WITH THE GOVERNOR IN THE GENERAL ELECTION IN A MANNER PRESCRIBED BY LAW; TO ADD SECTION 37 TO ARTICLE III OF THE CONSTITUTION OF THIS STATE, SO AS TO PROVIDE THAT THE SENATE SHALL ELECT FROM AMONG ITS MEMBERS A PRESIDENT TO PRESIDE OVER THE SENATE AND TO PERFORM OTHER DUTIES AS PROVIDED BY LAW; TO DELETE SECTIONS 9 AND 10 OF ARTICLE IV OF THE CONSTITUTION OF THIS STATE, RELATING TO THE LIEUTENANT GOVERNOR BEING PRESIDENT OF THE SENATE AND, WHILE PRESIDING IN THE SENATE, HAVING NO VOTE, UNLESS THE SENATE IS EQUALLY DIVIDED, SO AS TO REMOVE INCONSISTENT PROVISIONS; AND TO AMEND SECTION 12 OF ARTICLE IV OF THE CONSTITUTION OF THIS STATE, RELATING TO THE DISABILITY OF THE GOVERNOR, SO AS TO CONFORM APPROPRIATE REFERENCES.
    Be it enacted by the General Assembly of the State of South Carolina:
    SECTION     1.     (A)     It is proposed that Section 8, Article IV of the Constitution of this State be amended to read:
    "Section     8.     (A)     A Lieutenant Governor shall must be chosen at the same time, in the same manner, continue in office for the same period, and be possessed of the same qualifications as the Governor.
        (B)     The General Assembly shall provide by law that beginning with the primary election of 2014 candidates for Lieutenant Governor are elected in a primary election or by petition separate from the primary election or petition process for candidates for Governor.
        (C)     The General Assembly shall provide by law that beginning with the general election of 2014 the votes cast for Governor are considered as cast also for Lieutenant Governor so they are elected jointly and are candidates of the same political party or are petition candidates."

    (B)     It is proposed that Article III of the Constitution of this State be amended by adding:
    "Section 37.     The Senate shall, as soon as practicable after the convening of the General Assembly in 2015, 2017, and every four years thereafter, elect from among the members thereof a President to preside over the Senate and to perform other duties as provided by law."

    (C)     It is proposed that Article IV of the Constitution of this State be amended by deleting Section 9 which reads:
    "Section     9.     The Senate shall as soon as practicable after the convening of the General Assembly choose a President Pro Tempore to act in the absence of the Lieutenant Governor. A member of the Senate acting as Lieutenant Governor shall thereupon vacate his seat and another person shall be elected in his stead."

    (D)     It is proposed that Article IV of the Constitution of this State be amended by deleting Section 10, which reads:
    "Section     10.     The Lieutenant Governor shall be President of the Senate, ex officio, and while presiding in the Senate, shall have no vote, unless the Senate be equally divided."

    (E)     It is proposed that Section 12, Article IV of the Constitution of this State be amended to read:
    "Section     12.     (1)     Whenever the Governor transmits to the President Pro Tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Lieutenant Governor as acting Governor.
    (2)     Whenever a majority of the Attorney General, the Secretary of State, the Comptroller General, and the State Treasurer, or of such other body as the General Assembly may provide, transmits to the President Pro Tempore of the Senate and the Speaker of the House of Representatives a written declaration that the Governor is unable to discharge the powers and duties of his office, the Lieutenant Governor shall forthwith assume the powers and duties of the office as acting Governor.
    Thereafter, if the Governor transmits to the President Pro Tempore of the Senate and the Speaker of the House of Representatives his written declaration that no such inability exists, he shall forthwith resume the powers and duties of his office unless a majority of the above members or of such other body, whichever the case may be, transmits within four days to the President Pro Tempore of the Senate and the Speaker of the House of Representatives their written declaration that the Governor is unable to discharge the powers and duties of his office. Thereupon, the General Assembly shall forthwith consider and decide the issue, and if not in session, it shall assemble within forty-eight hours for the sole purpose of deciding such issue. If the General Assembly, within twenty-one days, excluding Sundays, after the first day it meets to decide the issue, determines by two-thirds vote of each House that the Governor is unable to discharge the powers and duties of his office, the Lieutenant Governor shall continue to discharge the same as acting Governor; otherwise, the Governor shall resume the powers and duties of his office."

    SECTION     2.     The proposed amendment in SECTION 1 must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
    "Must Section 8 of Article IV of the Constitution of this State be amended so as to provide that the Lieutenant Governor must appear separately on the ballot in the primary election, then be elected jointly with the Governor in a manner prescribed by law; and upon the joint election to add Section 37 to Article III of the Constitution of this State so as to provide that the Senate shall elect from among the members thereof a President to preside over the Senate and to perform other duties as provided by law; to delete Sections 9 and 10 of Article IV of the Constitution of this State containing inconsistent provisions providing that the Lieutenant Governor is President of the Senate, ex officio, and while presiding in the Senate, has no vote, unless the Senate is equally divided; and to amend Section 12 of Article IV of the Constitution of this State to conform appropriate references?
    The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:

    Yes     []

    No     []

    Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."         /
    Renumber sections to conform.
    Amend title to conform.