Journal of the Senate
of the Second Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 9, 1996

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Printed Page 3170 . . . . . Thursday, May 23, 1996
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, Section 9 of the Constitution of this State be amended so as to provide that the annual session of the General Assembly shall commence on the second Tuesday in January, but that each body shall be authorized to recede for a period of time to be determined by that body, and by appropriate rule to provide for meetings as each body shall consider expedient, and to provide for an organizational session for the Senate in those years in which the membership of the Senate is elected and to delete obsolete language relating to earlier sessions of the General Assembly?

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 of the Constitution of this State be amended by deleting Section 21, which reads:

"Section 21. 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 at the time sitting."

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 ballots:

"Shall Article III of the Constitution of this State be amended by deleting Section 21 which provides that neither house 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 at the time sitting?

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'."

Printed Page 3171 . . . . . Thursday, May 23, 1996
SECTION 5. 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 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 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 7. It is proposed that Article III of the Constitution of South Carolina, 1895, be amended by adding:

"Section 37. (A) The regular annual session of the General Assembly shall adjourn each year not later than 5:00 p.m. on the first Thursday in June and shall remain adjourned subject to the joint call of the Speaker of the House of Representatives and the President Pro Tempore of the Senate. In a year that the House of Representatives fails to give third reading to the annual general appropriation bill by March thirty-first, the date of adjournment on the first Thursday in June is extended by one statewide session day for each day after March thirty-first that the House of Representatives fails to give the bill third reading. The session also may be extended beyond the first Thursday in June by concurrent resolution adopted by a simple two-thirds vote in both houses. During the time between 5:00 p.m. on the first Thursday in June and the extended adjournment date, as set forth in this subsection, no legislation or other

Printed Page 3172 . . . . . Thursday, May 23, 1996
business may be considered except the general appropriation bill, supplemental appropriation bills, bills authorizing capital debt, and matters approved for consideration by a concurrent resolution adopted by a simple two-thirds vote in both houses.

(B) The regular annual session of the General Assembly shall adjourn sine die each year not later than 5:00 p.m. on the first Thursday in November. The sine die adjournment date may be extended by concurrent resolution adopted by a simple two-thirds vote in both houses. If during the time between the adjournment date provided for in subsection (A) and the sine die adjournment date:

(1) the fiscal year ending after the adjournment date specified in subsection (A) is closed with year-end revenues not sufficient to meet authorized appropriations for that fiscal year; or

(2) the Board of Economic Advisors' revenue forecast or adjustments thereto, as required by law, project that estimated revenue will not be sufficient to meet authorized appropriations for the current fiscal year; or

(3) the fiscal year ending after the adjournment date specified in subsection (A) is closed with year-end revenues in excess of authorized appropriations for that fiscal year; then

(4) the General Assembly must be called back into regular session by the President Pro Tempore of the Senate and the Speaker of the House of Representatives to consider only:

(a) bills amending the general appropriation act for the current fiscal year, including supplemental appropriations from surplus revenues from the previous fiscal year, or bills authorizing such appropriations as are necessary to meet year-end operating deficits;

(b) gubernatorial vetoes;

(c) receipt and confirmation of appointments;

(d) consideration of conference and free conference reports;

(e) ratification of acts;

(f) the concurrence or nonconcurrence on any legislative matters received from the other house;

(g) local matters;

(h) resolutions affecting sine die adjournment.

(C) If a court of competent jurisdiction invalidates a redistricting plan for either the Senate or the House of Representatives or the state's congressional districts while the General Assembly is not in session, the Speaker of the House of Representatives and the President Pro Tempore of the Senate must jointly call the General Assembly back into regular session for the purpose of:

Printed Page 3173 . . . . . Thursday, May 23, 1996
(1) consideration of legislation to redistrict either house or the state's congressional districts;

(2) gubernatorial vetoes;

(3) consideration of conference and free conference reports;

(4) ratification of acts;

(5) the concurrence or nonconcurrence on any legislative matters received from the other house;

(6) resolutions affecting sine die adjournment."

SECTION 8. The proposed amendment must be submitted to the qualified electors at the next general election. 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 provide that the General Assembly must adjourn each year not later than 5:00 p.m. on the first Thursday in June and remain adjourned subject to the joint call of the President Pro Tempore of the Senate and the Speaker of the House of Representatives under certain circumstances; that in a year when the House of Representatives fails to give third reading to the annual general appropriation bill by March thirty-first that the date of adjournment be extended by the number of days after March thirty-first that the House of Representatives fails to give the bill third reading; that the session also may be extended by concurrent resolution adopted by a two-thirds vote of both houses to consider only the general appropriation bill, supplemental appropriation bills, bills authorizing capital debt, and matters approved for consideration by concurrent resolution; that the regular annual session of the General Assembly shall adjourn sine die each year not later than 5:00 p.m. on the first Thursday in November except that this date may be extended by concurrent resolution adopted by a two-thirds vote in both houses; that under certain circumstances the General Assembly must be called back into regular session by the President Pro Tempore of the Senate and the Speaker of the House of Representatives only to consider bills amending the general appropriation act, gubernatorial vetoes, receipt and confirmation of appointments, consideration of conference and free conference reports, ratification of acts, the concurrence or nonconcurrence on any legislative matters received from the other house, local matters, and resolutions affecting sine die adjournment; and that if a court of competent jurisdiction invalidates a redistricting plan for either the Senate or the House of Representatives or the state's congressional districts while the General Assembly is not in session, the President Pro Tempore of the Senate and the Speaker of the

Printed Page 3174 . . . . . Thursday, May 23, 1996
House of Representatives must jointly call the General Assembly back into regular session for certain purposes?

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 III, Section 15 of the Constitution of this State, 1895, be amended to read:

"Section 15. 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.

The appropriation of any surplus revenues resulting from total annual revenues for a fiscal year exceeding the total authorized appropriations for the same fiscal year shall be authorized only after the fiscal year has ended and the report of the Comptroller General has confirmed that a year-end surplus exists.

No appropriation authorized to or for a specific item or purpose as established in the annual general appropriation act may be transferred to or for other items or purposes except as may be provided by law. Appropriations authorized in the annual general appropriation act and subsequently vetoed by the Governor and sustained by the General Assembly, or unavailable for expenditure because the appropriation is the object of a veto by the Governor given after the General Assembly has adjourned, may not be transferred in any manner for any purpose."

SECTION 10. The proposed amendment must be submitted to the qualified electors at the next general election. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:

"Shall Article III, Section 15 of the Constitution of this State relating to bills for revenue be amended so as to provide that the appropriation of any surplus revenues resulting from total annual revenues for a fiscal year exceeding the total authorized appropriations for the same fiscal year shall be authorized only after the fiscal year has ended and the report of the Comptroller General has confirmed that a year-end surplus exists; that, except as provided by law, no appropriation authorized for a specific purpose in the annual general appropriation act may be transferred to another purpose; and that authorized appropriations which are

Printed Page 3175 . . . . . Thursday, May 23, 1996
subsequently vetoed by the Governor and sustained by the General Assembly may not be transferred in any manner for any purpose?

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.

Senator McCONNELL explained the amendment.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 36; Nays 0

AYES
Alexander           Boan                Bryan
Courtney            Drummond            Elliott
Fair                Ford                Glover
Hayes               Holland             Hutto
Jackson             Land                Lander
Leventis            Martin              Matthews
McConnell           Mescher*            Moore
O'Dell              Passailaigue        Patterson
Peeler              Rankin              Reese
Richter             Rose*               Russell
Ryberg              Setzler             Smith, G.
Thomas              Washington          Wilson
TOTAL--36

NAYS
TOTAL--0



*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate with unanimous consent.


The amendment was adopted.





Printed Page 3176 . . . . . Thursday, May 23, 1996



Senator McCONNELL moved that the text of the Joint Resolution be printed upon the pages of the Journal:


S. 82 -- Senators McConnell, Rose and Wilson:  A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 9, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE FOR ANNUAL SESSIONS OF THE GENERAL ASSEMBLY COMMENCING AT VARYING TIMES IN EVEN-NUMBERED YEARS AND ODD-NUMBERED YEARS AND FOR AN ORGANIZATIONAL SESSION FOR THE SENATE IN CERTAIN YEARS, DELETE CERTAIN OBSOLETE LANGUAGE, PROVIDE FOR ELECTION OF OFFICERS OF THE GENERAL ASSEMBLY, PROVIDE FOR CERTAIN MEETINGS FOR THE INTRODUCTION AND REFERRAL TO COMMITTEE OF LEGISLATION, AND PROVIDE FOR CERTAIN COMMITTEE MEETINGS.


Amend Title To Conform


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


SECTION  1.  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 of January of each year.  After the convening of the General Assembly, nothing in this section shall prohibit the Senate or the House of Representatives from receding for a time period not to exceed thirty days, unless this time period is extended by a majority vote.  Each body by appropriate rule may provide for meetings during the legislative session as it shall consider expedient. Provided, That the However, the Senate and 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 If the casualties of war or contagious disease render 



Printed Page 3177 . . . . . Thursday, May 23, 1996



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  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, Section 9 of the Constitution of this State be amended so as to provide that the annual session of the General Assembly shall commence on the second Tuesday in January, but that each body shall be authorized to recede for a period of time to be determined by that body, and by appropriate rule to provide for meetings as each body shall consider expedient, and to provide for an organizational session for the Senate in those years in which the membership of the Senate is elected and to delete obsolete language relating to earlier sessions of the General Assembly?



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 of the Constitution of this State be amended by deleting Section 21, which reads:


"Section 21.  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 at the time sitting."


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 ballots:


"Shall Article III of the Constitution of this State be amended by deleting Section 21 which provides that neither house 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 at the time sitting?



Printed Page 3178 . . . . . Thursday, May 23, 1996




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, 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  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 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  7.  It is proposed that Article III of the Constitution of South Carolina, 1895, be amended by adding:


"Section 37.  (A)  The regular annual session of the General Assembly shall adjourn each year not later than 5:00 p.m. on the first Thursday in June and shall remain adjourned subject to the joint call of the Speaker of the House of Representatives and the President Pro Tempore of the Senate.  In a year that the House of Representatives fails to give third reading to the annual general appropriation bill by March thirty-first, the date of adjournment on the first Thursday in June is extended by one 



Printed Page 3179 . . . . . Thursday, May 23, 1996



statewide session day for each day after March thirty-first that the House of Representatives fails to give the bill third reading.  The session also may be extended beyond the first Thursday in June by concurrent resolution adopted by a simple two-thirds vote in both houses.  During the time between 5:00 p.m. on the first Thursday in June and the extended adjournment date, as set forth in this subsection, no legislation or other business may be considered except the general appropriation bill, supplemental appropriation bills, bills authorizing capital debt, and matters approved for consideration by a concurrent resolution adopted by a simple two-thirds vote in both houses.


(B)  The regular annual session of the General Assembly shall adjourn sine die each year not later than 5:00 p.m. on the first Thursday in November.  The sine die adjournment date may be extended by concurrent resolution adopted by a simple two-thirds vote in both houses.  If during the time between the adjournment date provided for in subsection (A) and the sine die adjournment date:


(1)  the fiscal year ending after the adjournment date specified in subsection (A) is closed with year-end revenues not sufficient to meet authorized appropriations for that fiscal year; or


(2)  the Board of Economic Advisors' revenue forecast or adjustments thereto, as required by law, project that estimated revenue will not be sufficient to meet authorized appropriations for the current fiscal year; or


(3)  the fiscal year ending after the adjournment date specified in subsection (A) is closed with year-end revenues in excess of authorized appropriations for that fiscal year; then


(4)  the General Assembly must be called back into regular session by the President Pro Tempore of the Senate and the Speaker of the House of Representatives to consider only:


(a)  bills amending the general appropriation act for the current fiscal year, including supplemental appropriations from surplus revenues from the previous fiscal year, or bills authorizing such appropriations as are necessary to meet year-end operating deficits;


(b)  gubernatorial vetoes;


(c)  receipt and confirmation of appointments;


(d)  consideration of conference and free conference reports;


(e)  ratification of acts;


(f)  the concurrence or nonconcurrence on any legislative matters received from the other house;


(g)  local matters;


(h)  resolutions affecting sine die adjournment.




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