S 0455 Joint Resolution, By S.S. Martschink, Matthews, T.H. Pope, M.T. Rose, 
J.V. Smith and Washington
 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.

   01/10/91  Senate Introduced and read first time SJ-6
   01/10/91  Senate Referred to Committee on Judiciary SJ-6

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.

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?

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'."