South Carolina General Assembly
118th Session, 2009-2010

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H. 4275

STATUS INFORMATION

Joint Resolution
Sponsors: Reps. Haley, Wylie and Scott
Document Path: l:\council\bills\nbd\20784sd10.docx
Companion/Similar bill(s): 4410

Introduced in the House on January 12, 2010
Currently residing in the House Committee on Judiciary

Summary: General Assembly

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
  12/15/2009  House   Prefiled
  12/15/2009  House   Referred to Committee on Judiciary
   1/12/2010  House   Introduced and read first time HJ-55
   1/12/2010  House   Referred to Committee on Judiciary HJ-55
   4/15/2010  House   Member(s) request name added as sponsor: Scott

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

12/15/2009

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A JOINT RESOLUTION

PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO QUALIFICATIONS OF MEMBERS OF THE SENATE AND HOUSE OF REPRESENTATIVES, SO AS TO PROVIDE THAT BEGINNING WITH THE GENERAL ELECTION OF 2012, ANY PERSON WHO HAS SERVED AT LEAST FOUR FULL TERMS IN THE HOUSE OF REPRESENTATIVES OR WHO HAS SERVED AT LEAST TWELVE YEARS IN THE GENERAL ASSEMBLY IN EITHER THE HOUSE OF REPRESENTATIVES OR THE SENATE, IS NOT ELIGIBLE TO SERVE AS A MEMBER OF THE HOUSE OF REPRESENTATIVES, AND TO PHASE THIS PROVISION IN ON A STAGGERED BASIS BASED ON HOUSE SENIORITY; AND TO PROVIDE THAT BEGINNING WITH THE GENERAL ELECTION OF 2012, ANY PERSON WHO HAS SERVED AT LEAST TWO FULL TERMS IN THE SENATE OR WHO HAS SERVED AT LEAST TWELVE YEARS IN THE GENERAL ASSEMBLY IN EITHER THE HOUSE OR THE SENATE, IS NOT ELIGIBLE TO SERVE AS A MEMBER OF THE SENATE, AND TO PHASE THIS PROVISION IN ON A STAGGERED BASIS BASED ON SENATE SENIORITY.

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

SECTION    1.    It is proposed that Section 7, Article III of the Constitution of this State be amended by adding a new paragraph at the end to read:

"Persons who have previous service in the General Assembly are not eligible to serve as a member of the House of Representatives as follows:

(1)    Beginning with the 2012 general election, of the current members of the House who have served at least four full terms in the House of Representatives or who have served at least twelve years in the General Assembly in either the House or the Senate, the one-third most senior in terms of House service are not eligible to serve as a member of the House of Representatives. This provision also applies beginning with the 2012 general election to all former members of the General Assembly who come within the service prohibitions of this item.

(2)    Beginning with the 2014 general election, of the current members of the House who have served at least four full terms in the House of Representatives or who have served at least twelve years in the General Assembly in either the House or the Senate, the one-third most senior in terms of House service are not eligible to serve as a member of the House of Representatives.

(3)    Beginning with the 2016 general election, of the current members of the House who have served at least four full terms in the House of Representatives or who have served at least twelve years in the General Assembly in either the House or the Senate, the one-third most senior in terms of House service are not eligible to serve as a member of the House of Representatives.

(4)    Beginning with the 2018 general election, any person who has served at least four full terms in the House of Representatives or who has served at least twelve years in the General Assembly in either the House or the Senate, is not eligible to serve as a member of the House of Representatives."

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 7, Article III of the Constitution of this State, relating to qualifications of members of the Senate and House of Representatives, be amended so as to provide that persons who have previous service in the General Assembly are not eligible to serve as a member of the House of Representatives as follows:

(1)    Beginning with the 2012 general election, of the current members of the House who have served at least four full terms in the House of Representatives or who have served at least twelve years in the General Assembly in either the House or the Senate, the one-third most senior in terms of House service are not eligible to serve as a member of the House of Representatives. This provision also applies beginning with the 2012 general election to all former members of the General Assembly who come within the service prohibitions of this item.

(2)    Beginning with the 2014 general election, of the current members of the House who have served at least four full terms in the House of Representatives or who have served at least twelve years in the General Assembly in either the House or the Senate, the one-third most senior in terms of House service are not eligible to serve as a member of the House of Representatives.

(3)    Beginning with the 2016 general election, of the current members of the House who have served at least four full terms in the House of Representatives or who have served at least twelve years in the General Assembly in either the House or the Senate, the one-third most senior in terms of House service are not eligible to serve as a member of the House of Representatives.

(4)    Beginning with the 2018 general election, any person who has served at least four full terms in the House of Representatives or who has served at least twelve years in the General Assembly in either the House or the Senate, is not eligible to serve as a member of the House of Representatives?

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 Section 7, Article III of the Constitution of this State be amended by adding a new paragraph at the end to read:

"Persons who have previous service in the General Assembly are not eligible to serve as a member of the Senate as follows:

(1)    Beginning with the 2012 general election, of the current members of the Senate who have served at least two full terms in the Senate or who have served at least twelve years in the General Assembly in either the House or the Senate, the one-half most senior in terms of Senate service are not eligible to serve as a member of the Senate. This provision also applies beginning with the 2012 general election to all former members of the General Assembly who come within the service prohibitions of this item.

(2)    Beginning with the 2016 general election, of the current members of the Senate who have served at least two full terms in the Senate or who have served at least twelve years in the General Assembly in either the House or the Senate, the one-half most senior in terms of Senate service are not eligible to serve as a member of the Senate.

(3)    Beginning with the 2020 general election, any person who has served at least two full terms in the Senate or who has served at least twelve years in the General Assembly in either the House or the Senate, is not eligible to serve in the Senate."

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:

"Must Section 7, Article III of the Constitution of this State, relating to qualifications of members of the Senate and House of Representatives, be amended so as to provide that persons who have previous service in the General Assembly are not eligible to serve as a member of the Senate as follows:

(1)    Beginning with the 2012 general election, of the current members of the Senate who have served at least two full terms in the Senate or who have served at least twelve years in the General Assembly in either the House or the Senate, the one-half most senior in terms of Senate service are not eligible to serve as a member of the Senate. This provision also applies beginning with the 2012 general election to all former members of the General Assembly who come within the service prohibitions of this item.

(2)    Beginning with the 2016 general election, of the current members of the Senate who have served at least two full terms in the Senate or who have served at least twelve years in the General Assembly in either the House or the Senate, the one-half most senior in terms of Senate service are not eligible to serve as a member of the Senate.

(3)    Beginning with the 2020 general election, any person who has served at least two full terms in the Senate or who has served at least twelve years in the General Assembly in either the House or the Senate, is not eligible to serve in the Senate?

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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