South Carolina General Assembly
120th Session, 2013-2014

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A214, R210, S446

STATUS INFORMATION

General Bill
Sponsors: Senators Massey and L. Martin
Document Path: l:\s-res\asm\002rati.hm.asm.docx

Introduced in the Senate on February 27, 2013
Introduced in the House on March 13, 2013
Last Amended on March 7, 2013
Passed by the General Assembly on May 21, 2014
Governor's Action: No signature required

Summary: Lieutenant Governor

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   2/27/2013  Senate  Introduced and read first time
   2/27/2013  Senate  Referred to Committee on Judiciary
    3/6/2013  Senate  Committee report: Favorable with amendment Judiciary 
                        (Senate Journal-page 7)
    3/7/2013  Senate  Committee Amendment Adopted (Senate Journal-page 15)
    3/7/2013  Senate  Read second time (Senate Journal-page 15)
    3/7/2013  Senate  Roll call Ayes-39  Nays-1 (Senate Journal-page 15)
    3/8/2013          Scrivener's error corrected
   3/12/2013  Senate  Read third time and sent to House 
                        (Senate Journal-page 13)
   3/13/2013  House   Introduced and read first time (House Journal-page 13)
   3/13/2013  House   Referred to Committee on Judiciary 
                        (House Journal-page 13)
   5/14/2014  House   Committee report: Favorable Judiciary 
                        (House Journal-page 1)
   5/15/2014          Scrivener's error corrected
   5/20/2014  House   Read second time (House Journal-page 17)
   5/20/2014  House   Roll call Yeas-97  Nays-2 (House Journal-page 18)
   5/21/2014  House   Read third time and enrolled (House Journal-page 4)
   5/29/2014          Ratified R 210
   5/29/2014          No signature required
   5/29/2014          Effective date 05/29/2014
   6/12/2014          Act No. 214

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

2/27/2013
3/6/2013
3/7/2013
3/8/2013
5/14/2014
5/15/2014


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A214, R210, S446)

AN ACT TO RATIFY 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 MUST BE ELECTED JOINTLY WITH THE GOVERNOR IN A MANNER PRESCRIBED BY LAW; BY ADDING SECTION 37 TO ARTICLE III 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 AMEND ARTICLE IV, RELATING TO THE EXECUTIVE DEPARTMENT, BY DELETING SECTIONS 9 AND 10, SO AS TO ELIMINATE PROVISIONS RELATING TO THE PRESIDING OFFICER OF THE SENATE MADE OBSOLETE BY THE AMENDMENTS RATIFIED BY THIS ACT; TO AMEND SECTION 11, ARTICLE IV, RELATING TO THE REMOVAL OF THE LIEUTENANT GOVERNOR FROM OFFICE BY IMPEACHMENT, DEATH, RESIGNATION, DISQUALIFICATION, DISABILITY, OR REMOVAL FROM THE STATE, SO AS TO PROVIDE THAT THE GOVERNOR SHALL APPOINT, WITH THE ADVICE AND CONSENT OF THE SENATE, A SUCCESSOR TO FULFILL THE UNEXPIRED TERM; AND TO AMEND SECTION 12, ARTICLE IV, RELATING TO THE DISABILITY OF THE GOVERNOR, SO AS TO CHANGE REFERENCES TO THE PRESIDING OFFICER OF THE SENATE TO CONFORM TO AMENDMENTS RATIFIED BY THIS ACT.

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

Amendments ratified

SECTION    1.    A.        The amendment to Article IV of the Constitution of South Carolina, 1895, prepared under the terms of Joint Resolution 289 of 2012, having been submitted to the qualified electors at the General Election of 2012 as prescribed in Section 1, Article XVI of the Constitution of South Carolina, 1895, and a favorable vote having been received on the amendment, is ratified and declared to be a part of the Constitution so that Section 8 of Article IV is amended to read:

"Section    8.    (A)    A Lieutenant Governor 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)    Beginning with the General Election of 2018, a person seeking the office of Governor in any manner that a person's name may appear on the ballot as a candidate for that office, and before that person's name is certified to appear on the ballot for the general election, shall select a qualified elector to serve as Lieutenant Governor.

(C)    All candidates for the offices of Governor and Lieutenant Governor must be elected jointly in a manner prescribed by law so that each voter casts a single vote to elect a candidate for the office of Governor and Lieutenant Governor.

(D)    The General Assembly shall provide by law the manner in which a candidate for Lieutenant Governor is selected."

B.        The amendment to Article III of the Constitution of South Carolina, 1895, prepared under the terms of Joint Resolution 289 of 2012, having been submitted to the qualified electors at the General Election of 2012 as prescribed in Section 1, Article XVI of the Constitution of South Carolina, 1895, and a favorable vote having been received on the amendment, is ratified and declared to be a part of the Constitution so that Section 37 as added to Article III reads:

"Section    37.    The Senate shall, as soon as practicable after the convening of the General Assembly in 2019 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.        The amendment to Article IV of the Constitution of South Carolina, 1895, prepared under the terms of Joint Resolution 289 of 2012, having been submitted to the qualified electors at the General Election of 2012 as prescribed in Section 1, Article XVI of the Constitution of South Carolina, 1895, and a favorable vote having been received on the amendment, is ratified and declared to be a part of the Constitution so that Section 9, Article IV is amended to read:

"Section    9.    (Reserved)."

D.        The amendment to Article IV of the Constitution of South Carolina, 1895, prepared under the terms of Joint Resolution 289 of 2012, having been submitted to the qualified electors at the General Election of 2012 as prescribed in Section 1, Article XVI of the Constitution of South Carolina, 1895, and a favorable vote having been received on the amendment, is ratified and declared to be a part of the Constitution so that Section 10, Article IV is amended to read:

"Section    10.    (Reserved)."

E.        The amendment to Article IV of the Constitution of South Carolina, 1895, prepared under the terms of Joint Resolution 289 of 2012, having been submitted to the qualified electors at the General Election of 2012 as prescribed in Section 1, Article XVI of the Constitution of South Carolina, 1895, and a favorable vote having been received on the amendment, is ratified and declared to be a part of the Constitution so that Section 11, Article IV is amended to read:

"Section    11.    In the case of the removal of the Governor from office by impeachment, death, resignation, disqualification, disability, or removal from the State, the Lieutenant Governor shall be Governor. In case the Governor be impeached, the Lieutenant Governor shall act in his stead and have his powers until judgment in the case shall have been pronounced. In the case of the temporary disability of the Governor and in the event of the temporary absence of the Governor from the State, the Lieutenant Governor shall have full authority to act in an emergency. 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."

F.        The amendment to Article IV of the Constitution of South Carolina, 1895, prepared under the terms of Joint Resolution 289 of 2012, having been submitted to the qualified electors at the General Election of 2012 as prescribed in Section 1, Article XVI of the Constitution of South Carolina, 1895, and a favorable vote having been received on the amendment, is ratified and declared to be a part of the Constitution so that Section 12, Article IV is amended to read:

"Section    12.    (1)    Whenever the Governor transmits to the President 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 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 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 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."

Ratified the 29th day of May, 2014.

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This web page was last updated on July 24, 2014 at 3:38 PM