South Carolina Legislature


 

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S 1035
Session 118 (2009-2010)


S 1035 Joint Resolution, By Elliott
 A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 12, ARTICLENext IV OF THE
 CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO DISABILITY OF THE GOVERNOR,
 SO AS TO PROVIDE THAT IF THE GOVERNOR IS PHYSICALLY ABSENT FROM THE STATE FOR
 A PERIOD OF TWENTY-FOUR HOURS OR MORE, HE SHALL NOTIFY THE LIEUTENANT GOVERNOR
 OF HIS ABSENCE AS SOON AS POSSIBLE BUT NOT LATER THAN TWENTY-FOUR HOURS AFTER
 THE ABSENCE HAS BEGUN, AND THE LIEUTENANT GOVERNOR SHALL AT THAT TIME BECOME
 ACTING GOVERNOR FOR THE DURATION OF THE ABSENCE, AND TO PROVIDE THAT IF THE
 ABSENCE OCCURS FOR A PERIOD OF THIRTY DAYS OR MORE, THE GENERAL ASSEMBLY SHALL
 DETERMINE WHETHER OR NOT THE GOVERNOR SHALL RESUME THE POWERS AND DUTIES OF
 HIS OFFICE OR WHETHER THE LIEUTENANT GOVERNOR SHALL CONTINUE TO DISCHARGE
 THESE POWERS AND DUTIES AS ACTING GOVERNOR.

   01/12/10  Senate Introduced and read first time SJ-62
   01/12/10  Senate Referred to Committee on Judiciary SJ-62
   01/19/10  Senate Referred to Subcommittee: L.Martin (ch), Knotts,
                     Campbell, Coleman, Nicholson



VERSIONS OF THIS BILL

1/12/2010



S. 1035

A JOINT RESOLUTION

PROPOSING AN AMENDMENT TO SECTION 12, PreviousARTICLENext IV OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO DISABILITY OF THE GOVERNOR, SO AS TO PROVIDE THAT IF THE GOVERNOR IS PHYSICALLY ABSENT FROM THE STATE FOR A PERIOD OF TWENTY-FOUR HOURS OR MORE, HE SHALL NOTIFY THE LIEUTENANT GOVERNOR OF HIS ABSENCE AS SOON AS POSSIBLE BUT NOT LATER THAN TWENTY-FOUR HOURS AFTER THE ABSENCE HAS BEGUN, AND THE LIEUTENANT GOVERNOR SHALL AT THAT TIME BECOME ACTING GOVERNOR FOR THE DURATION OF THE ABSENCE, AND TO PROVIDE THAT IF THE ABSENCE OCCURS FOR A PERIOD OF THIRTY DAYS OR MORE, THE GENERAL ASSEMBLY SHALL DETERMINE WHETHER OR NOT THE GOVERNOR SHALL RESUME THE POWERS AND DUTIES OF HIS OFFICE OR WHETHER THE LIEUTENANT GOVERNOR SHALL CONTINUE TO DISCHARGE THESE POWERS AND DUTIES AS ACTING GOVERNOR.

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

SECTION    1.    It is proposed that Section 12, PreviousArticleNext IV of the Constitution of this State be amended by adding:

"(3)    In addition to the above provisions of this section, if the Governor is physically absent from the State for a period of twenty-four hours or more, he shall notify the Lieutenant Governor of his absence as soon as possible but not later than twenty-four hours after the absence has begun, and the Lieutenant Governor shall at that time become acting Governor for the duration of the absence. If the absence occurs for a period of thirty days or more, the General Assembly in the manner and under the procedures specified in item (2) above shall determine whether or not the Governor shall resume the powers and duties of his office or whether the Lieutenant Governor shall continue to discharge these powers and duties as acting Governor."

SECTION    2.    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:

"Must Section 12, PreviousArticle IV of the Constitution of this State, relating to disability of the Governor, be amended so as to provide that if the Governor is physically absent from the State for a period of twenty-four hours or more, he shall notify the Lieutenant Governor of his absence as soon as possible but not later than twenty-four hours after the absence has begun, and the Lieutenant Governor shall at that time become acting Governor for the duration of the absence, and to provide that if the absence occurs for a period of thirty days or more, the General Assembly shall determine whether or not the Governor shall resume the powers and duties of his office or whether the Lieutenant Governor shall continue to discharge these powers and duties as acting Governor?

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'."

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