H 4689 Joint Resolution, By Sheheen
 A Joint Resolution proposing an amendment to Article III of the Constitution
 of South Carolina, 1895, relating to the Legislative Department, so as to
 require members of the House and Senate to be elected from single-member
 election districts, to require reapportionment of these election districts
 every ten years, to provide that the age requirements of Senators and
 Representatives as contained in the Constitution are as of the time their term
 of office begins, to provide that the members of the General Assembly shall
 receive an annual salary and allowances as prescribed by law and that
 additional salary and allowances may be provided for special sessions, to
 provide that each House of the General Assembly shall not judge those
 qualifications of its own members which are set out in the Constitution, to
 revise the immunity of the members of the General Assembly from civil process
 or criminal arrest for certain offenses during their attendance at the General
 Assembly, to authorize either House to provide by rule for the second reading
 of Bills and Joint Resolutions "viva voce" or by distribution of printed
 copies thereof to each member, to require a roll call vote in all elections by
 the General Assembly or either House thereof except upon unanimous consent to
 dispense with the roll call, to require the proceedings of each House to be
 public except when two-thirds of the members present in either House vote to
 have a closed session, to provide that any vacancy in the General Assembly
 where the unexpired term is less than one year may be filled as provided by
 general law, to delete obsolete language prohibiting the marriage of persons
 of a certain race, and to provide that the General Assembly shall provide for
 the codification of the laws of this State and for keeping the codification up
 to date.

   02/08/94  House  Introduced and read first time HJ-11
   02/08/94  House  Referred to Committee on Judiciary HJ-12

A JOINT RESOLUTION

PROPOSING AN AMENDMENT TO ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE LEGISLATIVE DEPARTMENT, SO AS TO REQUIRE MEMBERS OF THE HOUSE AND SENATE TO BE ELECTED FROM SINGLE-MEMBER ELECTION DISTRICTS, TO REQUIRE REAPPORTIONMENT OF THESE ELECTION DISTRICTS EVERY TEN YEARS, TO PROVIDE THAT THE AGE REQUIREMENTS OF SENATORS AND REPRESENTATIVES AS CONTAINED IN THE CONSTITUTION ARE AS OF THE TIME THEIR TERM OF OFFICE BEGINS, TO PROVIDE THAT THE MEMBERS OF THE GENERAL ASSEMBLY SHALL RECEIVE AN ANNUAL SALARY AND ALLOWANCES AS PRESCRIBED BY LAW AND THAT ADDITIONAL SALARY AND ALLOWANCES MAY BE PROVIDED FOR SPECIAL SESSIONS, TO PROVIDE THAT EACH HOUSE OF THE GENERAL ASSEMBLY SHALL NOT JUDGE THOSE QUALIFICATIONS OF ITS OWN MEMBERS WHICH ARE SET OUT IN THE CONSTITUTION, TO REVISE THE IMMUNITY OF THE MEMBERS OF THE GENERAL ASSEMBLY FROM CIVIL PROCESS OR CRIMINAL ARREST FOR CERTAIN OFFENSES DURING THEIR ATTENDANCE AT THE GENERAL ASSEMBLY, TO AUTHORIZE EITHER HOUSE TO PROVIDE BY RULE FOR THE SECOND READING OF BILLS AND JOINT RESOLUTIONS "VIVA VOCE" OR BY DISTRIBUTION OF PRINTED COPIES THEREOF TO EACH MEMBER, TO REQUIRE A ROLL CALL VOTE IN ALL ELECTIONS BY THE GENERAL ASSEMBLY OR EITHER HOUSE THEREOF EXCEPT UPON UNANIMOUS CONSENT TO DISPENSE WITH THE ROLL CALL, TO REQUIRE THE PROCEEDINGS OF EACH HOUSE TO BE PUBLIC EXCEPT WHEN TWO-THIRDS OF THE MEMBERS PRESENT IN EITHER HOUSE VOTE TO HAVE A CLOSED SESSION, TO PROVIDE THAT ANY VACANCY IN THE GENERAL ASSEMBLY WHERE THE UNEXPIRED TERM IS LESS THAN ONE YEAR MAY BE FILLED AS PROVIDED BY GENERAL LAW, TO DELETE OBSOLETE LANGUAGE PROHIBITING THE MARRIAGE OF PERSONS OF A CERTAIN RACE, AND TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL PROVIDE FOR THE CODIFICATION OF THE LAWS OF THIS STATE AND FOR KEEPING THE CODIFICATION UP TO DATE.

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

SECTION 1. It is proposed that Article III of the Constitution of South Carolina, 1895, be amended to read:

Section 1. The legislative power of this State shall be is vested in two distinct branches, the one to be styled the 'Senate' and the other the 'House of Representatives,' and both together the 'General Assembly of the State of South Carolina' the General Assembly, which shall consist of a Senate and a House of Representatives.

Section 1A 2. The General Assembly ought frequently to assemble for the redress of grievances and for making new laws, as the common good may require.

Section 2 3. The House of Representatives shall must be composed of members chosen by ballot every second year by citizens of this State, qualified as in this Constitution is provided one hundred twenty-four members who must be elected from single-member election districts every two years by the qualified electors of their respective districts.

Section 4. The Senate must be composed of forty-six members who must be elected from single-member election districts every four years by the qualified electors of their respective districts.

Section 3. The House of Representatives shall consist of one hundred and twenty-four members, to be apportioned among the several Counties according to the number of inhabitants contained in each. Each County shall constitute one election district. An enumeration of the inhabitants for this purpose shall be made in the year Nineteen hundred and One, and shall be made in the course of every tenth year thereafter, in such manner as shall be by law directed: Provided, That the General Assembly may at any time, in its discretion, adopt the immediately preceding United States Census as a true and correct enumeration of the inhabitants of the several Counties, and make the apportionment of Representatives among the several Counties, according to said enumeration: Provided, further, That until the apportionment which shall be made upon the next enumeration shall take effect, the representation of the several Counties as they now exist (including the County of Saluda established by ordinance) shall be as follows: Abbeville, 5; Aiken, 3; Anderson, 5; Barnwell, 5; Beaufort, 4; Berkeley, 4; Charleston, 9; Chester, 3; Chesterfield, 2; Clarendon, 3; Colleton, 4; Darlington, 3; Edgefield, 3; Fairfield, 3; Florence, 3; Georgetown, 2; Greenville, 5; Hampton, 2; Horry, 2; Kershaw, 2; Lancaster, 2; Laurens, 3; Lexington, 2; Marion, 3; Marlboro, 3; Newberry, 3; Oconee, 2; Orangeburg, 5; Pickens, 2; Richland, 4; Saluda, 2; Spartanburg, 6; Sumter, 5; Union, 3; Williamsburg, 3; York, 4; Provided further, That in the event other Counties are hereafter established, then the General Assembly shall reapportion the Representatives between the Counties.

Section 4. In assigning Representatives to the several Counties, the General Assembly shall allow one Representative to every one hundred and twenty-fourth part of the whole number of inhabitants in the State: Provided, That if in the apportionment of Representatives any County shall appear not to be entitled, from its population, to a Representative, such County shall, nevertheless, send one Representative; and if there be still a deficiency in the number of Representatives required by Section third of this Article, such deficiency shall be supplied by assigning Representatives to those Counties having the largest surplus fractions.

Section 5. No apportionment of Representatives shall take effect until the general election which shall succeed such apportionment.

Section 6. The Senate shall be composed of one member from each County, to be elected for the term of four years by the qualified electors in each County, in the same manner in which members of the House of Representatives are chosen.

Section 5. The General Assembly shall apportion the House Election Districts and Senatorial Election Districts from which members of these bodies are elected based on each United States decennial census. The apportionment must be made following the official publication of each decennial census and is effective at the next general election at which these members are elected.

Section 7 6. No person shall be is eligible for a seat to serve in the Senate or House of Representatives who, at the time of his election, is not a duly qualified elector under this Constitution in the Senatorial of his respective Election District in regard to any particular seat as may be designated by the General Assembly, as to the Senate, and in the county, as to the House, in which he may be chosen. Senators shall must be at least twenty-five and Representatives at least twenty-one years of age at the time their terms of office begin.

Section 8. The first election for members of the House of Representatives under this Constitution shall be held on Tuesday after the first Monday in November Eighteen Hundred and Ninety-six, and in every second year thereafter, in such manner and at such places as the General Assembly may prescribe.

Section 9 7. The annual session of the General Assembly heretofore elected, fixed by the Constitution of the year Eighteen hundred and Sixty-eight to convene on the fourth Tuesday of November, in the year Eighteen hundred and Ninety-five, is hereby postponed, and the same shall must be convened and held in the city of Columbia on the second Tuesday of January of each year, in the year Eighteen hundred and Ninety-six. The first session of the General Assembly elected under this Constitution shall convene in Columbia on the second Tuesday in January, in the year Eighteen hundred and Ninety-seven, and thereafter annually at the same time and place. Provided, that the House of Representatives shall meet on the first Tuesday following the certification of the election of its members for not more than three days following the general election in even-numbered years for the purpose of organizing. Should the casualties of war or contagious disease render it unsafe to meet at the seat of government, then the Governor may, by proclamation, appoint a more secure and convenient place of meeting. Members of the General Assembly shall not receive any compensation for more than forty days of any one session. Provided, That this limitation shall not affect the first four sessions of the General Assembly under this Constitution.

Section 8. The members of the General Assembly shall receive an annual salary and those mileage and subsistence allowances and other allowances as may be prescribed by law. Additional salary and allowances may be provided for special sessions of the General Assembly. No General Assembly shall have the power to increase the salary of its own members.

Section 10 9. The terms of office of the Senators and Representatives chosen at a general election shall begin on the Monday following such their election unless otherwise provided by law. The members of the General Assembly must be elected at the general election; provided, that members of the General Assembly may be elected at special elections to fill unexpired terms. The general election must be held on Tuesday after the first Monday in November of each even-numbered year in that manner and at those places as provided by law. The term of Representatives is two years and the term of Senators is four years.

Section 11 10. Each house shall judge of the election returns and qualifications of its own members, except those qualifications which are prescribed in this Constitution. and a A majority of each house shall constitute a quorum to do business;, but a smaller number may adjourn from day to day, and may compel the attendance of absent members, in such that manner and under such those penalties as may be provided by law or rule.

Section 12 11. Each house shall choose its own officers, determine its rules of procedure, punish its members for disorderly behavior, and, with the concurrence of two-thirds, expel a member, but not a second time for the same cause.

Section 13 12. Each house may punish by imprisonment during its sitting any person not a member who shall be is guilty of disrespect to the house by any disorderly or contemptuous behavior in its presence, or who, during the time of its sitting, shall threaten harm to the body or estate of any member for anything said or done in either house, or who shall assault any of them therefor, or who shall assault or arrest any witness or other person ordered to attend the house in his going thereto or returning therefrom, or who shall rescue any person arrested by order of the house:; provided, that such the time of imprisonment shall may not in any case extend beyond the session of the General Assembly.

Section 14 13. The members of both houses shall must be protected in their persons and estates during their attendance on, going to, and returning from the General Assembly, and ten days previous to the sitting and ten days after the adjournment thereof. But these privileges shall not protect any member who shall be is charged with treason, felony, or breach of the peace.

Section 15 14. Bills for raising revenue shall originate in the House of Representatives, but may be altered, amended, or rejected by the Senate; all other bills may originate in either house, and may be amended, altered, or rejected by the other.

Section 16 15. The style of all laws shall must be: `Be it enacted by the General Assembly of the State of South Carolina'.

Section 17 16. Every act or resolution having the force of law shall relate to but one subject, and that shall must be expressed in the title.

Section 18 17. No bill or joint resolution shall have the force of law until it shall have has been read three times and on three several different days in each house, has had the Great Seal of the State affixed to it, and has been signed by the President of the Senate and the Speaker of the House of Representatives:; provided, that either branch house of the General Assembly may provide by rule for a first and third reading of any bill or joint resolution by its title only; and provided, further, that either house may provide by rule for the second reading of any bill or joint resolution `viva voce' or by distribution of printed copies thereof to each member.

Section 19. Each member of the General Assembly shall receive such mileage allowance for the ordinary route of travel in going to and returning from the place where its sessions are held as the General Assembly may provide by law; no General Assembly shall have the power to increase the per diem of its own members; and members of the General Assembly when convened in extra session shall receive the same compensation as is fixed by law for the regular session.

Section 20 18. In all elections by the General Assembly or either house thereof, the members shall vote `viva voce', except by unanimous consent by roll call, and their votes thus given shall must be entered upon the journal of the house to which they respectively belong, unless unanimous consent is given to dispense with the roll call.

Section 21 19. Neither house, during the session of the General Assembly, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which it shall be is at the time sitting.

Section 22 20. Each house shall keep a journal of its own proceedings, and cause the same to be published immediately after its adjournment, excepting such those parts as, in its judgment, may require secrecy; and the yeas and nays of the members of either house, on any question, shall must, at the desire of ten members of the House or five members of the Senate, respectively, be entered on the journal. Any member of either house shall have liberty to dissent from and protest against any act or resolution which he may think injurious to the public or to an individual, and have the reasons of his dissent entered on the journal.

Section 23 21. The doors proceedings of each house shall must be open public, except on such those occasions as in the opinion of the house may require secrecy when two-thirds of the members present in either house vote to have a closed session.

Section 24 22. No person is eligible to a seat in the General Assembly while he holds any office or position of profit or trust under this State, the United States of America, or any of them, or under any other power, except officers in the militia, members of lawfully and regularly organized fire departments, constables, and notaries public. If any member accepts or exercises any of the disqualifying offices or positions he shall vacate his seat.

Section 25 23. If any election district shall neglect to choose a member or members on the day of election, or if any person chosen a member of either house shall refuse to qualify and take his seat, or shall resign, die, depart the State, accept any disqualifying office or position, or become otherwise disqualified to hold his seat, a writ of election shall must be issued by the President of the Senate or Speaker of the House of Representatives, as the case may be, for the purpose of filling the vacancy thereby occasioned for the remainder of the term for which the person so refusing to qualify, resigning, dying, departing the State, or becoming disqualified, was elected to serve, or the defaulting election district ought to have chosen a member or members. The filling of any vacancy where there is less than one year remaining in the term may be provided by law.

Section 26 24. Members of the General Assembly, and all officers, before they enter upon the duties of their respective offices, and all members of the bar, before they enter upon the practice of their profession, shall take and subscribe the following oath: `I do solemnly swear (or affirm) that I am duly qualified, according to the Constitution of this State, to exercise the duties of the office to which I have been elected, (or appointed), and that I will, to the best of my ability, discharge the duties thereof, and preserve, protect, and defend the Constitution of this State and of the United States. So help me God.'

Section 27 25. Officers shall may be removed for incapacity, misconduct, or neglect of duty, in such that manner as may be provided by law, when no mode of trial or removal is provided in this Constitution.

Section 28 26. The General Assembly shall enact such those laws as will exempt real and personal property of a debtor from attachment, levy, and sale under any mesne or final process issued by any court or bankruptcy proceeding.

Section 29 27. All taxes upon property, real and personal, shall must be laid upon the actual value of the property taxed, as the same shall be is ascertained by an assessment made for the purpose of laying such the tax.

Section 30 28. The General Assembly shall never grant extra compensation, fee, or allowance to any public officer, agent, servant, or contractor after service rendered, or contract made, nor authorize payment or part payment of any claim under any contract not authorized by law; but appropriations may be made for expenditures in repelling invasion, preventing, or suppressing insurrection.

Section 31 29. Lands belonging to or under the control of the State shall must never be donated, directly or indirectly, to private corporations or individuals, or to railroad companies. Nor shall such this land be sold to corporations, or associations, for a less price than that for which it can be sold to individuals. This, however, shall does not prevent the General Assembly from granting a right-of-way, not exceeding one hundred fifty feet in width, as a mere easement to railroads across state land, nor to interfere with the discretion of the General Assembly in confirming the title to lands claimed to belong to the State, but used or possessed by other parties under an adverse claim.

Section 33.30 The marriage of a white person with a negro or mulatto, or person who shall have one-eighth or more of negro blood, shall be unlawful and void. No unmarried woman shall legally consent to sexual intercourse who shall not have attained the age of fourteen years.

Section 34 31. The General Assembly of this State shall not enact local or special laws concerning any of the following subjects or for any of the following purposes, to wit:

I. To change the names of persons or places.

II. To incorporate cities, towns, or villages, or change, amend, or extend the charter thereof.

III. To incorporate educational, religious, charitable, social, manufacturing, or banking institutions not under the control of the State, or amend or extend the charters thereof.

IV. To incorporate school districts.

V. To authorize the adoption or legitimation of children.

VI. To provide for the protection of game.

VII. To summon and empanel grand or petit jurors; provided, that tales boxes may be eliminated by special act in York County.

VIII. Eliminated. (1920 (31) 1700; 1921 (32) 191; 1934 (38) 1623; 1935 (39) 27.)

IX VIII. In all other cases, where a general law can be made applicable, no special law shall may be enacted: Provided, that the General Assembly may enact local or special laws fixing the amount and manner of compensation to be paid to the county officers of the several counties of the State, and may provide that the fees collected by any such officer, or officers, shall must be paid into the treasury of the respective counties.

X IX. The General Assembly shall forthwith enact general laws concerning said these subjects for said these purposes, which shall must be uniform in their operations: Provided, that nothing contained in this section shall prohibit prohibits the General Assembly from enacting special provisions in general laws.

XI X. The provisions of this section shall do not apply to charitable and educational corporations where, under the terms of a gift, devise, or will, special incorporation may be required.

Provided, that the General Assembly is empowered to divide the State into as many zones as may appear practicable, and to enact legislation as may appear proper for the protection of game in the several zones.

Provided, further, that the General Assembly is empowered to divide the State into as many districts as may appear practicable, and to enact legislation laws as may appear proper for the protection of forestry in the several districts.

Provided, there is hereby created a civil service commission in the City of Spartanburg for the benefit of the police department, including its chief, and fire department, including its chief, under such those terms and conditions as prescribed by the General Assembly.

Provided, that the City of Gaffney may establish a civil service commission for the benefit of such the municipal employees as may be designated by the Gaffney City Council, under such those terms and conditions as prescribed by the General Assembly.

Section 32. The General Assembly shall provide for the codification of the laws of this State and for keeping the codification up to date.

Section 35 33. It shall be is the duty of the General Assembly to enact laws limiting the number of acres of land which any alien or any corporation controlled by aliens may own within this State.

Section 36 34. (A) The General Assembly shall provide for a General Reserve Fund of three percent of the general fund revenue of the latest completed fiscal year. Funds may be withdrawn from the reserve only for the purpose of covering operating deficits of state government. The General Assembly must provide for the orderly restoration of funds withdrawn from the reserve from future revenues and out of funds accumulating in excess of annual operating expenditures.

(1) The General Assembly shall provide by law for a procedure to survey the progress of the collection of revenue and the expenditure of funds and to authorize and direct reduction of appropriations as may be necessary to prevent a deficit.

(2) In the event of a year-end operating deficit, so much of the reserve fund as may be necessary must be used to cover the deficit; and the amount must be restored to the reserve fund within three fiscal years out of future revenues until the three percent General Reserve Fund is again reached and maintained. Provided that a minimum of one percent of the general fund revenue of the latest completed fiscal year, if so much is necessary, must be restored to the reserve fund each year following the deficit until the three percent General Reserve Fund is restored.

(B) The General Assembly, in the annual general appropriations act, shall appropriate, out of the estimated revenue of the general fund for the fiscal year for which the appropriations are made, into a Capital Reserve Fund, which is separate and distinct from the General Reserve Fund, an amount equal to two percent of the general fund revenue of the latest completed fiscal year.

(1) The General Assembly must provide by law that if before March first the revenue forecast for the current fiscal year projects that revenues at the end of the fiscal year will be less than expenditures authorized by appropriation for that year, then the current year's appropriation to the Capital Reserve Fund first must be reduced to the extent necessary before mandating any reductions in operating appropriations.

(2) After March first of a fiscal year, monies from the Capital Reserve Fund may be appropriated by the General Assembly in separate legislation upon an affirmative vote in each branch of the General Assembly by two-thirds of the members present and voting but not less than three-fifths of the total membership in each branch for the following purposes:

(a) to finance in cash previously authorized capital improvement bond projects;

(b) to retire interest or principal on bonds previously issued;

(c) for capital improvements or other nonrecurring purposes.

(3)(a) Any appropriation of monies from the Capital Reserve Fund as provided in this subsection must be ranked in priority of expenditure and is effective thirty days after completion of the fiscal year. If it is determined that the fiscal year has ended with an operating deficit, then the monies appropriated from the Capital Reserve Fund must be reduced based on the rank of priority beginning with the lowest priority to the extent necessary and applied to the year-end operating deficit before withdrawing monies from the General Reserve Fund.

(b) At the end of the fiscal year, any monies in the Capital Reserve Fund that are not appropriated as provided in this subsection or any appropriation for a particular project or item which has been reduced due to application of the monies to a year-end deficit must lapse and be credited to the General Fund." 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 ballots:

"Shall Article III of the Constitution of this State be amended so as to require members of the House and Senate to be elected from single-member election districts, to require reapportionment of these election districts every ten years, to provide that the age requirement of Senators and Representatives as contained in the Constitution are as of the time their term of office begins, to provide that the members of the General Assembly shall receive an annual salary and allowances as prescribed by law and that additional salary and allowances may be provided for special sessions, to provide that each house of the General Assembly shall not judge those qualifications of its own members which are set out in the Constitution, to revise the immunity of the members of the General Assembly from civil process or criminal arrest for certain offenses during their attendance at the General Assembly, to authorize either house to provide by rule for the second reading of bills and joint resolutions `viva voce' or by distribution of printed copies thereof to each member, to require a roll call vote in all elections by the General Assembly or either house thereof except upon unanimous consent to dispense with the roll call, to require the proceedings of each house to be public except when two-thirds of the members present in either house vote to have a closed session, to provide that any vacancy in the General Assembly where the unexpired term is less than one year may be filled as provided by general law, to delete obsolete language prohibiting the marriage of persons of a certain race, and to provide that the General Assembly shall provide for the codification of the laws of this State and for keeping of the codification up to date?

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'."