S 167 Session 109 (1991-1992)
S 0167 Joint Resolution, By S.S. Martschink and Wilson
A Joint Resolution proposing an amendment to Section 23 of Article III of the
Constitution of South Carolina, 1895, relating to open sessions of the House
of Representatives and the Senate, so as to provide that the occasions which
require secrecy are limited to certain specified discussions or proceedings,
provide that, prior to going into closed session, the particular house shall
vote on the question, require a two-thirds favorable vote to go into closed
session, require the presiding officer of the particular house to announce the
specific purpose of the session, and provide that no formal action may be
taken by the house in the session.
09/17/90 Senate Prefiled
09/17/90 Senate Referred to Committee on Judiciary
01/08/91 Senate Introduced and read first time SJ-68
01/08/91 Senate Referred to Committee on Judiciary SJ-68
A JOINT RESOLUTION
PROPOSING AN AMENDMENT TO SECTION 23 OF ARTICLE III
OF THE CONSTITUTION OF SOUTH CAROLINA, 1895,
RELATING TO OPEN SESSIONS OF THE HOUSE OF
REPRESENTATIVES AND THE SENATE, SO AS TO PROVIDE
THAT THE OCCASIONS WHICH REQUIRE SECRECY ARE
LIMITED TO CERTAIN SPECIFIED DISCUSSIONS OR
PROCEEDINGS, PROVIDE THAT, PRIOR TO GOING INTO
CLOSED SESSION, THE PARTICULAR HOUSE SHALL VOTE ON
THE QUESTION, REQUIRE A TWO-THIRDS FAVORABLE VOTE
TO GO INTO CLOSED SESSION, REQUIRE THE PRESIDING
OFFICER OF THE PARTICULAR HOUSE TO ANNOUNCE THE
SPECIFIC PURPOSE OF THE SESSION, AND PROVIDE AND
THAT NO FORMAL ACTION MAY BE TAKEN BY THE HOUSE IN
THE SESSION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. It is proposed that Section 23 of Article III of the
Constitution of this State be amended to read:
"Section 23. The doors of each house shall
must be open, except on such any
occasions occasion which, as in the opinion of
the House house, may require requires
secrecy. However, an occasion which the particular house may
adjudge to require secrecy is limited to the following:
(1) discussion of employment, appointment,
compensation, promotion, demotion, discipline, or release of an
employee or the appointment by the Governor of a person to fill an
office when the Governor is required by law to submit the appointment
to the particular house;
(2) discussion of negotiations incident to proposed
contractual arrangements and proposed sale or purchase of property, the
receipt of legal advice, the settlement of any legal claim, or the position
of the house in any other adversary situation involving the assertion
against the house of a claim;
(3) discussion regarding the development of any
security personnel or device for the house;
(4) investigative proceedings regarding any allegation
of criminal misconduct;
(5) discussion of any matter relating to the proposed
location, expansion, or the provision of any service encouraging location
or expansion of any industry or other business in the State.
Before going into closed session, the particular house shall vote
in open session on the question of whether to go into closed session.
When two-thirds of those members present and voting vote to go into
closed session, the presiding officer of the particular house shall
announce the specific purpose of the closed session. No formal action
may be taken by the house in the closed session. For purposes of this
section, 'formal action' means a vote committing the house to a specific
course of action."
SECTION 2. The proposed amendment must be submitted to the
qualified electors at the next general election for representatives. Ballots
must be provided at each voting precinct with the following words
printed or written on the ballot:
"Shall Section 23 of Article III of the Constitution of this State
be amended so as to provide: (A) That the doors of each house of the
General Assembly must be open, except on any occasion which, in the
opinion of the house, requires secrecy, and, further, that an occasion
which the particular house may adjudge to require secrecy is limited to
the following:
(1) discussion of employment, appointment, compensation,
promotion, demotion, discipline, or release of an employee or the
appointment by the Governor of a person to fill an office when the
Governor is required by law to submit the appointment to the particular
house;
(2) discussion of negotiations incident to proposed contractual
arrangements and proposed sale or purchase of property, the receipt of
legal advice, the settlement of any legal claim, or the position of the
house in any other adversary situation involving the assertion against the
house of a claim;
(3) discussion regarding the development of any security
personnel or device for the house;
(4) investigative proceedings regarding any allegation of
criminal misconduct;
(5) discussion of any matter relating to the proposed location,
expansion, or the provision of any service encouraging location or
expansion of any industry or other business in the State; and
(B) That before going into closed session, the particular house
shall vote in open session on the question of whether to go into closed
session, that when two-thirds of those members present and voting vote
to go into closed session, the presiding officer of the particular house
shall announce the specific purpose of the closed session, that no formal
action may be taken by the house in the closed session, and that, for the
purposes of this section, 'formal action' means a vote committing the
house to a specific course of action?
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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