S*0446(Rat #0210, Act #0214 of 2014)  General Bill, By Massey and L. Martin
 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. - ratified title

   02/27/13  Senate Introduced and read first time
   02/27/13  Senate Referred to Committee on Judiciary
   03/06/13  Senate Committee report: Favorable with amendment
                     Judiciary (Senate Journal-page 7)
   03/07/13  Senate Committee Amendment Adopted (Senate Journal-page 15)
   03/07/13  Senate Read second time (Senate Journal-page 15)
   03/07/13  Senate Roll call Ayes-39  Nays-1 (Senate Journal-page 15)
   03/08/13         Scrivener's error corrected
   03/12/13  Senate Read third time and sent to House
                     (Senate Journal-page 13)
   03/13/13  House  Introduced and read first time (House Journal-page 13)
   03/13/13  House  Referred to Committee on Judiciary
                     (House Journal-page 13)
   05/14/14  House  Committee report: Favorable Judiciary
                     (House Journal-page 1)
   05/15/14         Scrivener's error corrected
   05/20/14  House  Read second time (House Journal-page 17)
   05/20/14  House  Roll call Yeas-97  Nays-2 (House Journal-page 18)
   05/21/14  House  Read third time and enrolled (House Journal-page 4)
   05/29/14         Ratified R 210
   05/29/14         No signature required
   05/29/14         Effective date 05/29/2014
   06/12/14         Act No. 214

(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.