S 1188 Session 111 (1995-1996)
S 1188 Joint Resolution, By Holland, Drummond, Elliott, Mescher, Moore,
Passailaigue and Setzler
A Joint Resolution proposing amendments to Article III, Section 7 of the
Constitution of South Carolina, 1895, relating to the qualifications of
Senators and members of the House of Representatives, so as to provide that
effective immediately upon the ratification into law of this provision, no
person who is in the last year of a sixth consecutive term as a member of the
House of Representatives, or who is in the last year of a third consecutive
term as a member of the Senate, or who has served twelve consecutive years in
the General Assembly either as a member of the House of Representatives or the
Senate or a combination thereof shall be eligible for a seat in the General
Assembly, and to prohibit a member of the General Assembly from being required
to vacate his seat during a term for which he was elected; to Article III,
Section 9 of the Constitution of South Carolina, 1895, relating to sessions of
the General Assembly, so as to provide that the Senate and the House of
Representatives shall by rule provide that during the time period beginning
with the convening of the General Assembly until the second Tuesday in
February of each year, the consideration of bills shall be limited to
statewide bills which have the consent of the entire body and non-statewide
bills which have the consent of the affected delegation; to require that rules
shall provide that until the second Tuesday in February each body shall have
not less than three statewide session days each week, for the passage of
consent legislation, until the respective houses resume the consideration of
all legislation as provided in the rules of the body; and to further provide
that not more than three weeks following the certification of the General
Election of members, the Speaker of the House of Representatives and the
President Pro Tempore of the Senate shall convene their respective bodies for
not more than three days for the purpose of the selection of committees, the
election of officers, and such other business as may be necessary for the
organization of the respective houses; to Article III of the Constitution of
South Carolina, 1895, by adding Sections 15A and 15B, so as to require the
House and Senate to give concurrent consideration to the annual general
appropriation bill and to provide that an appropriation bill enacted under
these provisions will meet the constitutional requirement of Article III
Section 18, pertaining to the reading of bills and joint resolutions on three
separate days in each house; to Article III, Section 20 of the Constitution of
South Carolina, 1895, relating to elections by the General Assembly, so as to
provide that for elections voted on by the General Assembly in Joint Session,
no candidate may be elected unless approved by a majority vote of the Senate
and a majority vote of the House; and to amend Article XVII of the
Constitution of South Carolina, 1895, by adding Section 15, so as to permit
the enactment of laws by initiative petition.
02/28/96 Senate Introduced and read first time SJ-11
02/28/96 Senate Referred to Committee on Judiciary SJ-11
03/27/96 Senate Committee report: Majority favorable with amend.,
minority unfavorable Judiciary SJ-13
Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
March 27, 1996
S. 1188
Introduced by SENATORS Holland, Moore, Elliott, Passailaigue,
Setzler, Drummond and Mescher
S. Printed 3/27/96--S.
Read the first time February 28, 1996.
THE COMMITTEE ON JUDICIARY
To whom was referred a Joint Resolution (S. 1188), proposing
amendments to Article III, Section 7 of the Constitution of South
Carolina, 1895, relating to the qualifications of Senators and
Members of the House of Representatives, so as to provide that
effective immediately upon the ratification into law of this
provision, etc., respectfully
REPORT:
That they have duly and carefully considered the same, and
recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking all after the
enacting words and inserting therein the following:
/SECTION 1. It is proposed that Article III, Section 7 of the
Constitution of this State be amended to read:
"Section 7. (A) No person shall be eligible for
a seat 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 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
be at least twenty-five and Representatives at least twenty-one years
of age.
(B) No member of the House of Representatives may serve
more than six complete terms. No member of the Senate may serve
more than three complete terms. Effective immediately upon the
date of the ratification into law of this section, a person who is in
the last year of a sixth term as a member of the House of
Representatives, or who is in the last year of a third term as a
member of the Senate, or who has served twelve years in the
General Assembly either as a member of the Senate or House of
Representatives or a combination thereof shall not be eligible for a
seat in the General Assembly. No member is required to vacate his
seat during any term for which he was elected."
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 ballot:
"Shall Article III, Section 7 of the Constitution of this State
relating to the qualifications of Senators and Members of the House
of Representatives be amended so as to provide that no person who
is in the last year of a sixth term as a member of the House of
Representatives, or who is in the last year of a third term as a
member of the Senate, or who has served twelve years in the
General Assembly either as a member of the Senate or House of
Representatives or a combination thereof shall be eligible for a seat
in the General Assembly and to prohibit a member from being
required to vacate his seat during any term for which he was
elected?
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'."
SECTION 3. It is proposed that Article III, Section 9 of the
Constitution of this State be amended to read:
"Section 9. 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 be convened and held in the city of
Columbia on the second Tuesday of January, 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 shall convene at the State Capitol in the City of
Columbia on the second Tuesday in January of each year.
Provided, That the The Senate and the House of
Representatives shall meet on the first Tuesday by rule
provide that during the time period beginning with the convening of
the General Assembly until the second Tuesday in February of each
year, the consideration of bills shall be limited to statewide bills
which have the consent of the entire body and non-statewide bills
which have the consent of the affected delegation. The rules shall
further provide that until the second Tuesday in February, each
body shall have not less than three statewide session days each
week, for the passage of consent legislation, until the respective
houses resume the consideration of all legislation as provided in the
rules of the body. Not more than three weeks following the
certification of the general election of its
members, the Speaker of the House of Representatives and the
President Pro Tempore of the Senate shall convene their respective
bodies for not more than three days following the general
election in even-numbered years for the purpose of
organizing the selection of committees, the election of
officers, and such other business as may be necessary for the
organization of the respective houses. Should If
the casualties of war or contagious disease render it unsafe to meet
at the seat of government, then the Governor may,
by proclamation, may 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 4. 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 ballot:
"Shall Article III, Section 9 of the Constitution of this State
relating to sessions of the General Assembly be amended so as to
provide that the Senate and the House of Representatives shall by
rule provide that during the time period beginning with the
convening of the General Assembly until the second Tuesday in
February of each year, the consideration of bills shall be limited to
statewide bills which have the consent of the entire body and
non-statewide bills which have the consent of the affected
delegation; to provide that the rules shall require that until the
second Tuesday in February, each body shall have not less than
three statewide session days each week, for the passage of consent
legislation, until the respective houses resume the consideration of
all legislation as provided in the rules of the body; and to provide
that not more than three weeks following the certification of the
general election of members, the Speaker of the House of
Representatives and the President Pro Tempore of the Senate shall
convene their respective bodies for not more than three days for the
purpose of the selection of committees, the election of officers, and
such other business as may be necessary for the organization of the
respective houses?
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'."
SECTION 5. It is proposed that Article III of the Constitution
of this State be amended by adding:
"Section 15(A). The Ways and Means Committee of the
House of Representatives and the Finance Committee of the Senate
or their respective successor committees shall constitute and meet as
a joint committee prior to the convening of the regular session of
the General Assembly for the purpose of receiving such information
as the joint committee may consider necessary and sufficient to
establish the projected annual budget for the succeeding fiscal year.
The joint committee shall, by majority vote of the members of both
the Senate and the House committees, establish the gross estimated
revenue upon which the annual general appropriations for the
operations of state government shall be based. Based on the
revenue estimated to be available, the joint committee shall devise
and draft such bill or bills as may be required to authorize sufficient
appropriations or debt necessary to defray the expenses of the
general operation of government for the succeeding fiscal year.
Any such annual general appropriation or debt authorization bill
shall be introduced and considered only as provided in this section.
(B) After the convening of the General Assembly, the respective
committees shall cause to be introduced in each house, the bill or
bills as determined by the joint committee under the provisions of
this section. Any such bill, upon passage on third reading in the
body in which it is introduced, shall be referred to a committee of
conference to resolve differences between that bill and the
corresponding bill from the other house. If no difference exists in
the bills passed by each body, respectively, a bill shall be enrolled
for ratification. The bill which receives a third reading first in
either body shall be the record bill for purposes of conference and
for purpose of ratification of an act of the General Assembly. An
appropriation bill enacted under the provisions of this section shall
be considered to have satisfied the reading requirements set forth in
Section 18 of this article."
SECTION 6. 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 written or printed on the ballot:
"Shall Article III of the Constitution of this State be
amended by adding Sections 15A and 15B so as to require the
House and Senate to give concurrent consideration to the annual
appropriation bill and to provide that an appropriation bill enacted
under these provisions will meet the constitutional requirement of
Article III, Section 18, pertaining to the reading of bills and joint
resolutions on three separate days in each house?
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'."
SECTION 7. It is proposed that Article III, Section 20 of the
Constitution of this State be amended to read:
"Section 20. (A) In all elections by the
General Assembly in joint session, no candidate may be elected
unless he receives a majority vote of the Senators present and
voting and a majority vote of the members of the House of
Representatives present and voting.
(B) In all elections by the General Assembly or either
House house thereof, the members shall vote `viva
voce', except by unanimous consent, and their votes thus given
shall be entered upon the Journal of the House
house to which they respectively belong."
SECTION 8. 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 ballot:
"Shall Article III, Section 20 of the Constitution of this
State relating to elections by the General Assembly be amended so
as to provide that no candidate elected in joint session of the
General Assembly may be elected unless he receives a majority vote
of the Senators present and voting and a majority vote of the
members of the House of Representatives present and voting?
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'."
SECTION 9. It is proposed that Article V, Section 3 of the
Constitution of this State be amended to read:
"Section 3. The members of the Supreme Court
shall must be elected by a joint public vote of the
General Assembly for a term of ten years, and shall continue in
office until their successors shall be are elected and
qualified, and shall be classified so that the term of one of them
shall expire expires every two years. In any
contested election, the vote of each member of the General
Assembly present and voting shall must be
recorded.
No member of the Supreme Court may serve more than two
complete terms. Effective immediately upon the date of the
ratification into law of this section, a person who is in the last year
of a second term as a member of the Supreme Court shall not be
eligible for a seat on the Supreme Court. No member is required to
vacate his seat during any term for which he was
elected."
SECTION 10. 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 V, Section 3 of the Constitution of this State
relating to the election of members of the Supreme Court be
amended so as to provide that no member of the Supreme Court
may serve more than two complete terms, to provide that no
member of the Supreme Court who is in the last year of a second
term is eligible for a seat on the Supreme Court, and to prohibit a
member from being required to vacate his seat during any term for
which he was elected?
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'."
SECTION 11. It is proposed that Article V, Section 8 of the
Constitution of this State be amended to read:
"Section 8. The members of the Court of Appeals
shall must be elected by a joint public vote of the
General Assembly for a term of six years and shall continue in
office until their successors shall be are elected and
qualify. In any contested election, the vote of each member of the
General Assembly present and voting shall must be
recorded. Provided, that for the first election of members of the
Court of Appeals, the General Assembly shall by law provide for
staggered terms.
No member of the Court of Appeals may serve more than
two complete terms. Effective immediately upon the date of the
ratification into law of this section, a person who is in the last year
of a second term as a member of the Court of Appeals shall not be
eligible for a seat on the Court of Appeals. No member is required
to vacate his seat during any term for which he was
elected."
SECTION 12. 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 V, Section 8 of the Constitution of this State
relating to the election of the members of the Court of Appeals be
amended so as to provide that no member of the Court of Appeals
may serve more than two complete terms, to provide that no
member of the Court of Appeals who is in the last year of a second
term is eligible for a seat on the Court of Appeals, and to prohibit a
member from being required to vacate his seat during any term for
which he was elected?
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'."
SECTION 13. It is proposed that Article V, Section 13 of the
Constitution of this State be amended to read:
"Section 13. The General Assembly shall
must divide the State into judicial circuits of compact and
contiguous territory. For each circuit, a judge or judges
shall must be elected by a joint public vote of the
General Assembly; provided, that however, in any
contested election, the vote of each member of the General
Assembly present and voting shall must be
recorded. He A judge shall hold office for a term of
six years, and at the time of his election he shall
must be an elector of a county of, and during his
continuance in office he shall must reside in, the
circuit of which he is judge. The General Assembly may by law
provide for additional circuit judges, to be assigned by the Chief
Justice. Such These additional circuit judges
shall must be elected in the same manner and for
the same term as provided in the preceding paragraph of this
section for other circuit judges, except that residence in a particular
county or circuit shall not be a qualification for office.
No member of the circuit court may serve more than two
complete terms. Effective immediately upon the date of the
ratification into law of this section, a person who is in the last year
of a second term as a member of the circuit court shall not be
eligible for a seat on the circuit court. No member is required to
vacate his seat during any term for which he was
elected."
SECTION 14. 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 V, Section 13 of the Constitution of this
State relating to the election of the members of the circuit court be
amended so as to provide that no member of the circuit court may
serve more than two complete terms, to provide that no member of
the circuit court who is in the last year of a second term is eligible
for a seat on the circuit court, and to prohibit a member from being
required to vacate his seat during any term for which he was
elected?
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'."
SECTION 15. It is proposed that Article VI, Section 1 of the
Constitution of this State be amended to read:
"Section 1. No person shall be popularly elected to any
office in this State or its political subdivisions unless he possess the
qualifications of an elector. Every qualified elector shall be
is eligible to any office to be voted for, unless disqualified
by age as prescribed in this Constitution. No person shall be
elected or appointed to office in this State for life or during good
behavior, but the terms of all officers shall must be
for some specified period except officers in the militia.
No person popularly elected to any office in this State may
serve more than three complete terms in the same office. Effective
immediately upon the date of the ratification into law of this
section, a person who is in the last year of a second term of an
office is not eligible for the same office. No person is required to
vacate his office during any term for which he was
elected."
SECTION 16. 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 VI, Section 1 of the Constitution of this State
relating to eligibility for office be amended so as to provide that no
person popularly elected to any office in this State may serve more
than three complete terms in the same office and to provide that no
person who is in the last year of a third term is eligible for the
same office, and to prohibit a person from being required to vacate
his office during any term for which he was elected?
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'."
SECTION 17. It is proposed that Article VI, Section 7 of the
Constitution of this State be amended to read:
"Section 7. There shall must be elected
by the qualified voters of the State a Secretary of State, an Attorney
General, a Treasurer, a Superintendent of Education, Comptroller
General, Commissioner of Agriculture, and an Adjutant General
who shall hold their respective offices for a term of four years,
coterminous with that of the Governor. The duties and
compensation of such these offices shall
must be prescribed by law and their compensation
shall must be neither increased nor diminished
during the period for which they shall have been elected.
A constitutional officer may not serve more than three
complete four-year terms in the same office. Effective immediately
upon the date of the ratification into law of this section, a person
who is in the last year of a third term as a constitutional officer
shall not be eligible for the same office. No person elected to one
of these offices is required to vacate his office during any term for
which he was elected."
SECTION 18. 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 VI, Section 7 of the Constitution of this State
relating to the election of the Secretary of State, Attorney General,
Treasurer, Superintendent of Education, Comptroller General,
Commissioner of Agriculture, and Adjutant General be amended so
as to provide that no person elected to one of these offices may
serve more than three complete terms in the same office and to
provide that no person who is in the last year of a third term is
eligible for the same office, and to prohibit a person from being
required to vacate his office during any term for which he was
elected?
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'."
SECTION 19. It is proposed that Article XVII of the
Constitution of this State be amended by adding:
"Section 15. In addition to the provisions of Articles III
and XVI of this Constitution, relating to the enactment of laws and
constitutional amendments, there is reserved in the people the power
to enact statutory laws by means of initiative petition. Any
initiative petition must contain a full and correct copy of the title
and text of the proposed law and must be signed by not fewer than
ten percent of the qualified electors eligible to vote at the last
general election. A valid signature on an initiative petition must
include the name, complete address, voter registration number, and
precinct of the signer. A petition must be presented to the State
Election Commission at least one hundred eighty days before a
general election. If the commission determines that the petition
conforms to the requirements of this section, it shall (1) send a
copy of the proposed measure to the Legislative Council for
council's comments as to whether there are conflicts with existing
law, language, or drafting problems, and (2) cause the full and
correct title and text of the proposed law to be published in each
newspaper of this State with daily circulation once a week for three
successive weeks prior to the next general election. Propositions
must be numbered consecutively and put on the ballot at the general
election in the order of the petition's certification by the State
Election Commission; however, no more than six ballot
propositions may be placed on the ballot at each election. If a
majority of the qualified electors voting on the proposed law vote in
favor, it is a law of this State. The commission shall certify the
results to the Code Commissioner who shall assign the law to an
appropriate place in the South Carolina Code of Laws."
SECTION 20. 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 ballot:
"Shall Article XVII of the Constitution of this State be
amended by adding a new section so as to provide for the
enactment of a law initiated by a petition signed by no fewer than
ten percent of the qualified electors eligible to vote at the last
general election followed by a majority vote in favor of the
proposed law at the next general election?
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'."/
Amend title to conform.
Majority favorable. Minority unfavorable.
THOMAS L. MOORE ROBERT FORD
For Majority. For Minority.
A JOINT RESOLUTION
PROPOSING AMENDMENTS TO ARTICLE III, SECTION 7 OF
THE CONSTITUTION OF SOUTH CAROLINA, 1895,
RELATING TO THE QUALIFICATIONS OF SENATORS AND
MEMBERS OF THE HOUSE OF REPRESENTATIVES, SO AS
TO PROVIDE THAT EFFECTIVE IMMEDIATELY UPON THE
RATIFICATION INTO LAW OF THIS PROVISION, NO
PERSON WHO IS IN THE LAST YEAR OF A SIXTH
CONSECUTIVE TERM AS A MEMBER OF THE HOUSE OF
REPRESENTATIVES, OR WHO IS IN THE LAST YEAR OF A
THIRD CONSECUTIVE TERM AS A MEMBER OF THE
SENATE, OR WHO HAS SERVED TWELVE CONSECUTIVE
YEARS IN THE GENERAL ASSEMBLY EITHER AS A
MEMBER OF THE SENATE OR HOUSE OF
REPRESENTATIVES OR A COMBINATION THEREOF SHALL
BE ELIGIBLE FOR A SEAT IN THE GENERAL ASSEMBLY,
AND TO PROHIBIT A MEMBER OF THE GENERAL
ASSEMBLY FROM BEING REQUIRED TO VACATE HIS SEAT
DURING A TERM FOR WHICH HE WAS ELECTED; TO
ARTICLE III, SECTION 9 OF THE CONSTITUTION OF SOUTH
CAROLINA, 1895, RELATING TO SESSIONS OF THE
GENERAL ASSEMBLY, SO AS TO PROVIDE THAT THE
SENATE AND THE HOUSE OF REPRESENTATIVES SHALL
BY RULE PROVIDE THAT DURING THE TIME PERIOD
BEGINNING WITH THE CONVENING OF THE GENERAL
ASSEMBLY UNTIL THE SECOND TUESDAY IN FEBRUARY
OF EACH YEAR, THE CONSIDERATION OF BILLS SHALL
BE LIMITED TO STATEWIDE BILLS WHICH HAVE THE
CONSENT OF THE ENTIRE BODY AND NON-STATEWIDE
BILLS WHICH HAVE THE CONSENT OF THE AFFECTED
DELEGATION; TO REQUIRE THAT THE RULES SHALL
PROVIDE THAT UNTIL THE SECOND TUESDAY IN
FEBRUARY, EACH BODY SHALL HAVE NOT LESS THAN
THREE STATEWIDE SESSION DAYS EACH WEEK, FOR THE
PASSAGE OF CONSENT LEGISLATION, UNTIL THE
RESPECTIVE HOUSES RESUME THE CONSIDERATION OF
ALL LEGISLATION AS PROVIDED IN THE RULES OF THE
BODY; AND TO FURTHER PROVIDE THAT NOT MORE
THAN THREE WEEKS FOLLOWING THE CERTIFICATION
OF THE GENERAL ELECTION OF MEMBERS, THE SPEAKER
OF THE HOUSE OF REPRESENTATIVES AND THE
PRESIDENT PRO TEMPORE OF THE SENATE SHALL
CONVENE THEIR RESPECTIVE BODIES FOR NOT MORE
THAN THREE DAYS FOR THE PURPOSE OF THE
SELECTION OF COMMITTEES, THE ELECTION OF
OFFICERS, AND SUCH OTHER BUSINESS AS MAY BE
NECESSARY FOR THE ORGANIZATION OF THE
RESPECTIVE HOUSES; TO ARTICLE III OF THE
CONSTITUTION OF SOUTH CAROLINA, 1895, BY ADDING
SECTIONS 15A AND 15B, SO AS TO REQUIRE THE HOUSE
AND SENATE TO GIVE CONCURRENT CONSIDERATION TO
THE ANNUAL GENERAL APPROPRIATION BILL AND TO
PROVIDE THAT AN APPROPRIATION BILL ENACTED
UNDER THESE PROVISIONS WILL MEET THE
CONSTITUTIONAL REQUIREMENT OF ARTICLE III,
SECTION 18 PERTAINING TO THE READING OF BILLS AND
JOINT RESOLUTIONS ON THREE SEPARATE DAYS IN
EACH HOUSE; TO ARTICLE III, SECTION 20 OF THE
CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO
ELECTIONS BY THE GENERAL ASSEMBLY, SO AS TO
PROVIDE THAT FOR ELECTIONS VOTED ON BY THE
GENERAL ASSEMBLY IN JOINT SESSION, NO CANDIDATE
MAY BE ELECTED UNLESS APPROVED BY A MAJORITY
VOTE OF THE SENATE AND A MAJORITY VOTE OF THE
HOUSE; AND TO AMEND ARTICLE XVII OF THE
CONSTITUTION OF SOUTH CAROLINA, 1895, BY ADDING
SECTION 15, SO AS TO PERMIT THE ENACTMENT OF
LAWS BY INITIATIVE PETITION.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. It is proposed that Article III, Section 7 of the
Constitution of this State be amended to read:
"Section 7. (A) No person shall be eligible for
a seat 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 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
be at least twenty-five and Representatives at least twenty-one years
of age.
(B) No member of the House of Representatives may serve
more than six complete terms. No member of the Senate may serve
more than three complete terms. Effective immediately upon the
date of the ratification into law of this section, a person who is in
the last year of a sixth consecutive term as a member of the House
of Representatives, or who is in the last year of a third consecutive
term as a member of the Senate, or who has served twelve
consecutive years in the General Assembly either as a member of
the Senate or House of Representatives or a combination thereof
shall not be eligible for a seat in the General Assembly. No
member is required to vacate his seat during any term for which he
was elected."
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 ballot:
"Shall Article III, Section 7 of the Constitution of this State
relating to the qualifications of Senators and Members of the House
be amended so as to provide that no person who is in the last year
of a sixth consecutive term as a member of the House of
Representatives, or who is in the last year of a third consecutive
term as a member of the Senate, or who has served twelve
consecutive years in the General Assembly either as a member of
the Senate or House of Representatives or a combination thereof
shall be eligible for a seat in the General Assembly and to prohibit
a member from being required to vacate his seat during any term
for which he was elected?
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'."
SECTION 3. It is proposed that Article III, Section 9 of the
Constitution of this State be amended to read:
"Section 9. 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 be convened and held in the city of
Columbia on the second Tuesday of January, 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 shall convene at the State Capitol in the City of
Columbia on the second Tuesday in January of each year.
Provided, That the The Senate and the House of
Representatives shall meet on the first Tuesday by rule
provide that during the time period beginning with the convening of
the General Assembly until the second Tuesday in February of each
year, the consideration of bills shall be limited to statewide bills
which have the consent of the entire body and non-statewide bills
which have the consent of the affected delegation. The rules shall
further provide that until the second Tuesday in February, each
body shall have not less than three statewide session days each
week, for the passage of consent legislation, until the respective
houses resume the consideration of all legislation as provided in the
rules of the body. Not more than three weeks following the
certification of the general election of its
members, the Speaker of the House and the President Pro
Tempore of the Senate shall convene their respective bodies for
not more than three days following the general election in
even-numbered years for the purpose of organizing
the selection of committees, the election of officers, and such
other business as may be necessary for the organization of the
respective houses. Should If the casualties of
war or contagious disease render it unsafe to meet at the seat of
government, then the Governor may, by
proclamation, may 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 4. 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 ballot:
"Shall Article III, Section 9 of the Constitution of this State
relating to sessions of the General Assembly be amended so as to
provide that the Senate and the House of Representatives shall by
rule provide that during the time period beginning with the
convening of the General Assembly until the second Tuesday in
February of each year, the consideration of bills shall be limited to
statewide bills which have the consent of the entire body and
non-statewide bills which have the consent of the affected
delegation; to provide that the rules shall require that until the
second Tuesday in February, each body shall have not less than
three statewide session days each week, for the passage of consent
legislation, until the respective houses resume the consideration of
all legislation as provided in the rules of the body; and to provide
that not more than three weeks following the certification of the
general election of members, the Speaker of the House and the
President Pro Tempore of the Senate shall convene their respective
bodies for not more than three days for the purpose of the selection
of committees, the election of officers, and such other business as
may be necessary for the organization of the respective houses?
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'."
SECTION 5. It is proposed that Article III of the Constitution of
this State be amended by adding:
"Section 15(A). The Ways and Means Committee of the
House of Representatives and the Finance Committee of the Senate
or their respective successor committees shall constitute and meet as
a joint committee prior to the convening of the regular session of
the General Assembly for the purpose of receiving such information
as the joint committee may consider necessary and sufficient to
establish the projected annual budget for the succeeding fiscal year.
The joint committee shall, by majority vote of the members of both
the Senate and the House committees, establish the gross estimated
revenue upon which the annual general appropriations for the
operations of state government shall be based. Based on the
revenue estimated to be available, the joint committee shall devise
and draft such bill or bills as may be required to authorize sufficient
appropriations or debt necessary to defray the expenses of the
general operation of government for the succeeding fiscal year.
Any such annual general appropriation or debt authorization bill
shall be introduced and considered only as provided in this section.
(B) After the convening of the General Assembly, the
respective committees shall cause to be introduced in each house,
the bill or bills as determined by the joint committee under the
provisions of this section. Any such bill, upon passage on third
reading in the body in which it is introduced, shall be referred to a
committee of conference to resolve differences between that bill and
the corresponding bill from the other house. If no difference exists
in the bills passed by each body, respectively, a bill shall be
enrolled for ratification. The bill which receives a third reading
first in either body shall be the record bill for purposes of
conference and for purpose of ratification of an act of the General
Assembly. An appropriation bill enacted under the provisions of
this section shall be considered to have satisfied the reading
requirements set forth in Section 18 of this article."
SECTION 6. 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 written or printed on the ballot:
"Shall Article III of the Constitution of this State be
amended by adding Sections 15A and 15B so as to require the
House and Senate to give concurrent consideration to the annual
appropriation bill and to provide that an appropriation bill enacted
under these provisions will meet the constitutional requirement of
Article III Section 18, pertaining to the reading of bills and joint
resolutions on three separate days in each house?
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'."
SECTION 7. It is proposed that Article III, Section 20 of the
Constitution of this State be amended to read:
"Section 20. (A) In all elections by the
General Assembly in joint session, no candidate may be elected
unless he receives a majority vote of the Senators present and
voting and a majority vote of the members of the House of
Representative present and voting.
(B) In all elections by the General Assembly or either
House thereof, the members shall vote `viva voce', except by
unanimous consent, and their votes thus given shall be entered upon
the Journal of the House house to which they
respectively belong."
SECTION 8. 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 ballot:
"Shall Article III, Section 20 of the Constitution of this
State relating to elections by the General Assembly be amended so
as to provide that no candidate elected in joint session of the
General Assembly may be elected unless he receives a majority vote
of the Senators present and voting and a majority vote of the
members of the House of Representative present and voting?
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'."
SECTION 9. It is proposed that Article XVII of the Constitution
of this State be amended by adding:
"Section 15. In addition to the provisions of Articles III
and XVI of this Constitution, relating to the enactment of laws and
constitutional amendments, there is reserved in the people the power
to enact statutory laws by means of initiative petition. Any
initiative petition must contain a full and correct copy of the title
and text of the proposed law and must be signed by not fewer than
ten percent of the qualified electors eligible to vote at the last
general election. A valid signature on an initiative petition must
include the name, complete address, voter registration number, and
precinct of the signer. A petition must be presented to the State
Election Commission at least ninety days before a general election.
If the commission determines that the petition conforms to the
requirements of this section, it shall cause the full and correct title
and text of the proposed law to be published in each newspaper of
this State with daily circulation for two successive weeks prior to
the next general election. At the general election, the commission
shall submit the proposed law to the qualified electors of this State.
If a majority of the qualified electors voting on the proposed law
vote in favor, it is a law of this State. The commission shall certify
the results to the Code Commissioner who shall assign the law to
an appropriate place in the South Carolina Code of Laws."
SECTION 10. 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 ballot:
"Shall Article XVII of the Constitution of this State be
amended by adding a new section so as to provide for the
enactment of a law initiated by a petition signed by no fewer than
ten percent of the qualified electors eligible to vote at the last
general election followed by a majority vote in favor of the
proposed law at the next general election?
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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