South Carolina Legislature


 

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S*1047
Session 105 (1983-1984)


S*1047(Rat #0603, Act #0517 of 1984)  Joint Resolution, By Senate Judiciary
 A Joint Resolution to amend ArticleNext V of the Constitution of South Carolina,
 1895, relating to the Judicial Department by adding Section 4A so as to
 provide that all rules and amendments to rules governing practice and
 procedure in all courts of this State promulgated by the Supreme Court must be
 submitted by the Supreme Court to the Judiciary Committee of each house of the
 General Assembly during a regular session, but not later than the first day of
 February during each session, and that such rules or amendments shall become
 effective ninety calendar days after submission unless disapproved by
 Concurrent Resolution of the General Assembly with the concurrence of
 three-fifths of the members of each house present and voting.

   05/17/84  Senate Introduced, read first time, placed on calendar
                     without reference SJ-1845
   06/05/84  Senate Special order SJ-2230
   06/13/84  Senate Read second time SJ-2473
   06/13/84  Senate Ordered to third reading with notice of
                     amendments SJ-2473
   06/13/84  Senate Special order SJ-2474
   06/15/84  Senate  Time certain to vote Tuesday, June 19 at 3:00 SJ-2585
   06/19/84  Senate Read third time and sent to House SJ-2631
   06/20/84  House  Introduced, read first time, placed on calendar
                     without reference HJ-3846
   06/21/84  House  Read second time HJ-3891
   06/22/84  House  Read third time and enrolled HJ-3937
   06/22/84         Ratified R 603
   06/28/84         No signature required
   06/28/84         Act No. 517
   07/12/84         Copies available



(A517, R603, S1047)

A JOINT RESOLUTION TO AMEND PreviousARTICLENext V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE JUDICIAL DEPARTMENT BY ADDING SECTION 4A SO AS TO PROVIDE THAT ALL RULES AND AMENDMENTS TO RULES GOVERNING PRACTICE AND PROCEDURE IN ALL COURTS OF THIS STATE PROMULGATED BY THE SUPREME COURT MUST BE SUBMITTED BY THE SUPREME COURT TO THE JUDICIARY COMMITTEE OF EACH HOUSE OF THE GENERAL ASSEMBLY DURING A REGULAR SESSION, BUT NOT LATER THAN THE FIRST DAY OF FEBRUARY DURING EACH SESSION, AND THAT SUCH RULES OR AMENDMENTS SHALL BECOME EFFECTIVE NINETY CALENDAR DAYS AFTER SUBMISSION UNLESS DISAPPROVED BY CONCURRENT RESOLUTION OF THE GENERAL ASSEMBLY WITH THE CONCURRENCE OF THREE-FIFTHS OF THE MEMBERS OF EACH HOUSE PRESENT AND VOTING.

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

Constitutional amendment - Rules and amendments to rules governing practice and procedure in courts

SECTION 1. It is proposed that PreviousArticleNext V of the Constitution of this State be amended by adding Section 4A to read:

"Section 4A. All rules and amendments to rules governing practice and procedure in all courts of this State promulgated by the Supreme Court must be submitted by the Supreme Court to the judiciary Committee of each House of the General Assembly during a regular session, but not later than the first day of February during each session. Such rules or amendments shall become effective ninety calendar days after submission unless disapproved by concurrent resolution of the General Assembly, with the concurrence of three-fifths of the members of each House present and voting."

Proposed amendment submitted to qualified electors

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 thereon:

"Shall PreviousArticle V of the Constitution of this State be amended by adding Section 4A so as to provide that all rules and amendments to rules governing practice and procedure in all courts of this State promulgated by the Supreme Court must be submitted by the Supreme Court to the judiciary Committee of each House of the General Assembly during a regular session, but not later than the first day of February during each session, and that such rules or amendments shall become effective ninety calendar days after submission unless disapproved by concurrent resolution of the General Assembly with the concurrence of three-fifths of the members of each House present and voting?

In favor of the amendment / /

Opposed to the amendment / /

Those voting in favor of the amendment shall deposit a ballot with a check or cross mark in the square after the words `In favor of the amendment', and those voting against the amendment shall deposit a ballot with a check or cross mark in the square after the words `Opposed to the amendment'."




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