H 3946 Joint Resolution, By G.R. Smith
 A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 36, ARTICLE III, RELATING
 TO THE GENERAL RESERVE FUND AND THE CAPITAL RESERVE FUND, SO AS TO PROVIDE
 THAT THE GENERAL ASSEMBLY BY LAW SHALL ESTABLISH A NEW "SPENDING LIMIT RESERVE
 FUND" TO WHICH MUST BE CREDITED ALL GENERAL FUND REVENUES IN A FISCAL YEAR IN
 EXCESS OF THE APPLICABLE CONSTITUTIONAL SPENDING LIMIT, TO PROVIDE THAT THE
 GENERAL ASSEMBLY IN THE IMPLEMENTING LAW SHALL DEFINE SURPLUS REVENUES,
 PROVIDE THE PURPOSES FOR WHICH THE REVENUES CREDITED TO THIS FUND MUST BE
 USED, AND THE TIMING AND METHOD OF THE GENERAL ASSEMBLY'S APPROPRIATION OF
 THESE REVENUES AND TO PROVIDE THAT THE IMPLEMENTING LAW MAY NOT BE AMENDED OR
 REPEALED EXCEPT BY A SPECIAL VOTE DEFINED AS A RECORDED ROLL-CALL VOTE OF AT
 LEAST TWO-THIRDS OF THE MEMBERS IN EACH BRANCH PRESENT AND VOTING, BUT NOT
 LESS THAN THREE-FIFTHS OF THE TOTAL MEMBERSHIP OF EACH BRANCH.

   04/19/05  House  Introduced and read first time HJ-13
   04/19/05  House  Referred to Committee on Ways and Means HJ-13

PROPOSING AN AMENDMENT TO SECTION 36, ARTICLE III, RELATING TO THE GENERAL RESERVE FUND AND THE CAPITAL RESERVE FUND, SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY BY LAW SHALL ESTABLISH A NEW "SPENDING LIMIT RESERVE FUND" TO WHICH MUST BE CREDITED ALL GENERAL FUND REVENUES IN A FISCAL YEAR IN EXCESS OF THE APPLICABLE CONSTITUTIONAL SPENDING LIMIT, TO PROVIDE THAT THE GENERAL ASSEMBLY IN THE IMPLEMENTING LAW SHALL DEFINE SURPLUS REVENUES, PROVIDE THE PURPOSES FOR WHICH THE REVENUES CREDITED TO THIS FUND MUST BE USED, AND THE TIMING AND METHOD OF THE GENERAL ASSEMBLY'S APPROPRIATION OF THESE REVENUES AND TO PROVIDE THAT THE IMPLEMENTING LAW MAY NOT BE AMENDED OR REPEALED EXCEPT BY A SPECIAL VOTE DEFINED AS A RECORDED ROLL-CALL VOTE OF AT LEAST TWO-THIRDS OF THE MEMBERS IN EACH BRANCH PRESENT AND VOTING, BUT NOT LESS THAN THREE-FIFTHS OF THE TOTAL MEMBERSHIP OF EACH BRANCH.

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

SECTION    1.    It is proposed that Section 36, Article III of the Constitution of this State be amended by adding at the end:

"(C)(1)    The General Assembly by law shall establish a 'Spending Limit Reserve Fund' (fund) to which must be credited all general fund revenues in a fiscal year in excess of the spending limit applicable to these revenues provided by this constitution. In the implementing law, the General Assembly shall define surplus revenues and provide the purposes for which the revenues credited to this fund must be used and the timing and method of the General Assembly's appropriations of these revenues.

(2)    Upon implementation of the provisions of this subsection by law, this law may not be amended or repealed except by the special vote provided in item (3) of this subsection.

(3)    The special vote referred to in item (2) of this subsection means an affirmative recorded roll-call 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 of each branch."

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:

"Must Section 36, Article III of the Constitution of this State relating to the General Reserve Fund and Capital Reserve Fund be amended so as to provide that the General Assembly by law shall establish a new 'Spending Limit Reserve Fund' to which must be credited all general fund revenues in a fiscal year in excess of the applicable constitutional spending limit, to provide that the General Assembly in the implementing law shall define surplus revenues, provide the purposes for which the revenues credited to this fund must be used, and the timing and method of the General Assembly's appropriation of these revenues and to provide that the implementing law may not be amended or repealed except by a special vote defined as a recorded roll-call vote of at least two-thirds of the members in each branch present and voting, but not less than three-fifths of the total membership of each branch?

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'."