Reference is to Printer's Date 1/28/16-H.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Article 3, Chapter 3, Title 1 of the 1976 Code is amended by adding:
"Section 1-3-125. Beginning with the Lieutenant Governor elected in the 2018 General Election, in the case of the removal of the Lieutenant Governor from office by impeachment, death, resignation, disqualification, disability, or removal from the State, the Governor shall appoint, with the advice and consent of the Senate, a successor to fulfill the unexpired term."
SECTION 2. Article 1, Chapter 11, Title 7 of the 1976 Code is amended by adding:
"Section 7-11-12.
Beginning with the 2018 General Election:
(A) A person seeking
the office of Governor in a manner that causes the person's name
to appear on the ballot as a candidate for that office, and
within ten calendar days after becoming eligible for inclusion
on the general election ballot, shall designate a qualified
elector to serve as his running mate for the office of
Lieutenant Governor. The designation must be in writing and
filed either with the appropriate political party, or, in the
case of a petition candidate for Governor, with the State
Election Commission. A designee for Lieutenant Governor shall
possess all of the qualifications required to hold the office of
Governor.
(B)(1) An individual
designated to be a gubernatorial candidate's running mate for
the office of Lieutenant Governor pursuant to subsection (A)
shall provide to the State Election Commission:
(a)
a copy of the gubernatorial candidate's written
designation declaring the individual to be his running mate for
the office of Lieutenant Governor; and
(b)
a completed statement of intention of candidacy form.
(2)
The documents specified in this subsection may be filed
with the State Election Commission either by mail or hand
delivery and must be postmarked or received by the State
Election Commission within three regular business days after the
person's designation to serve as running mate for the office of
Lieutenant Governor. The appropriate political party shall
determine if its gubernatorial candidate's running mate designee
is qualified. In the case of a petition candidate for the
office of Governor, the State Election Commission shall
determine whether a petition candidate's running mate designee
is qualified. In either case, upon finding that a designee for
the office of Lieutenant Governor is qualified, the State
Election Commission shall certify the designee's name to appear
on the ballot together with that of the gubernatorial candidate
who selected him as his running mate. If the documents specified
in this subsection are not submitted to the State Election
Commission within the required time, or if the running mate
designee is determined to be unqualified to hold the office of
Governor, the running mate designation process must be repeated
as provided in this section.
(C) An individual
designated to be a gubernatorial candidate's running mate for
the office of Lieutenant Governor pursuant to subsection (A) is
not required to pay a separate filing fee. Ballot position
obtained by the candidate for Governor entitles a designated and
qualified candidate for Lieutenant Governor, upon receipt by the
State Election Commission of the documents specified in
subsection (B), to have his name placed on the ballot for the
joint candidacy.
(D) Upon submission of
the documents specified in subsection (B), the designee is
considered a candidate for statewide office for purposes of
Chapter 13, Title 8 and subject to the:
(1)
required disclosure of economic interests; and
(2)
campaign filing and reporting requirements, and the
campaign contribution limits and restrictions, applicable to
candidates for statewide office.
(E) The State Election
Commission shall ensure that all candidates for the offices of
Governor and Lieutenant Governor must be elected jointly so that
each voter casts a single vote to elect a candidate for the
offices of Governor and Lieutenant Governor."
SECTION 3. Section 1-3-120 of the 1976 Code is amended to read:
"Section 1-3-120.
In case of the removal, death, resignation or
permanent disability of both the
Governor, and the Lieutenant Governor, the
President of the Senate pro tempore Speaker
of the House shall become the Governor. In the case of
the temporary disability of both the Governor and the Lieutenant
Governor, the Speaker of the House shall perform the duties
and exercise the powers of Governor until such
the disability of the Governor and the Lieutenant
Governor shall have has been removed
or until the next general election, at which a
Governor shall must be elected by the
electors duly qualified, as is prescribed by Section 3,
of Article IV of the Constitution."
SECTION 4. Section 1-3-620 of the 1976 Code is amended to read:
"Section 1-3-620.
(A) Beginning with the term of
the Lieutenant Governor elected in 1982, the duties of
such that office shall
must be part-time part time.
(B) Beginning
with the term of the Lieutenant Governor elected in the 2018
General Election, the Lieutenant Governor shall perform the
duties pertaining to the office of governor as assigned by the
Governor, except when otherwise provided by law."
SECTION 5. Section 1-9-30 of the 1976 Code is amended to read:
"Section 1-9-30.
In the event that the Governor, for any of the reasons
specified in the Constitution, is not able to exercise the
powers and discharge the duties of his
that office, or is unavailable, and in the event the
Lieutenant Governor, President pro tempore of
the Senate, and the Speaker of the House of
Representatives, be for any of the
reasons specified in the Constitution, are not able to
exercise the powers and discharge the duties of the office of
Governor, or be are unavailable, the
Secretary of State, State Treasurer or Attorney General
shall, in the order named, if the preceding
named officers be are unavailable,
shall exercise the powers and discharge the duties of the
office of Governor until a new Governor is elected and
qualifies, or until a preceding named officer becomes available;
provided, however, that except, no
emergency interim successor to the aforementioned offices may
serve as Governor."
SECTION 6. Section 1-23-125(B) and (D) of the 1976 Code is amended to read:
"(B) If a majority
of a committee determines that it cannot approve a regulation in
the form submitted, it shall notify the promulgating agency in
writing along with its recommendations as to changes that would
be necessary to obtain committee approval. The agency may:
(1)
withdraw the regulation from the General Assembly and
resubmit it with the recommended changes to the Speaker and the
Lieutenant Governor President of the
Senate, but any a regulation not
resubmitted within thirty days is considered permanently
withdrawn;
(2)
withdraw the regulation permanently; or
(3)
take no action and abide by whatever action is taken or
not taken by the General Assembly on the regulation concerned.
(D) This section, as it
applies to approval, disapproval, or modification of
regulations, does not apply to joint resolutions introduced by
other than the committees to which regulations are initially
referred by the Lieutenant Governor
President of the Senate or the Speaker of the House of
Representatives."
SECTION 7. Section 2-3-30 of the 1976 Code is amended to read:
"Section 2-3-30.
Except for legislative days which
that, by Senate or House action, are designated for
consideration only of local and uncontested matters, members of
the General Assembly, including the Lieutenant Governor,
shall must be paid fifty
($50.00) dollars subsistence expenses for each
legislative day. Provided, such subsistence allowance
shall must be paid for each calendar day
occurring within the same legislative day to members of that
body in session on each calendar day."
SECTION 8. Section 2-3-90 of the 1976 Code is amended to read:
"Section 2-3-90.
The Senate and House of Representatives
shall also, at the same time, each for
itself, shall elect a reading clerk, a sergeant at arms,
and an assistant sergeant at arms. Should a vacancy occur in
the sergeant at arms or assistant sergeant at arms while the
General Assembly is not in session, the Lieutenant
Governor President of the Senate or the Speaker
of the House is authorized to appoint for their respective
Houses a sergeant at arms or assistant sergeant at arms until
the convening of the next General Assembly."
SECTION 9. Section 7-11-30(A) of the 1976 Code, as last amended by Act 196 of 2014, is further amended to read:
"(A) Beginning
with the 2018 General Election, a party may choose to change
from nomination of candidates by primary to a method to nominate
candidates by convention for all offices including, but not
limited to, Governor, Lieutenant Governor,
United States Senator, United States House of Representatives,
Circuit Solicitor, State Senator, and members of the State House
of Representatives if:
(1)
there is a three-fourths vote of the total membership of
the convention to use the convention nomination process; and
(2)
a majority of voters in that party's next primary election
approve the use of the convention nomination process."
SECTION 10. Section 7-17-10 of the 1976 Code, as last amended by Act 261 of 2002, is further amended to read:
"Section 7-17-10.
Beginning with the 2018 General Election, the
commissioners of election for Governor, Lieutenant
Governor, state officers, circuit solicitors, members
of the General Assembly, and county officers or any of these
officers shall meet in some convenient place at the county seat
on the Friday next following the election, before one o'clock in
the afternoon of that day, and shall proceed to organize as the
county board of canvassers. They may appoint some competent
person as secretary. The chairman shall then
shall proceed to administer the constitutional oath to
each member of the board, as canvassers, and shall administer
the constitutional oath to the secretary, and the secretary
shall administer to the chairman the same oath that he has
administered to the other members of the board. The
commissioners of election for members of Congress and
presidential electors or any of these officers
shall likewise shall meet at the same
time at the county seat and shall in the same
manner shall proceed to organize as the county board of
canvassers for the election of the federal officers."
SECTION 11. After January 1, 2019, the Code Commissioner is directed to change or correct all references in the 1976 Code from "President Pro Tempore of the Senate" to "President of the Senate".
SECTION 12. SECTIONS 1, 2, 4, 9, and 10 of this act take effect upon approval by the Governor. The remaining provisions of this act take effect on January 1, 2019. /
Renumber sections to conform.
Amend title to conform.