A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS TO ESTABLISH A PROCESS FOR THE SELECTION AND OVERSIGHT OF FAITHFUL DELEGATES TO AN ARTICLE V AMENDMENT CONVENTION.

 

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

 

SECTION 1.  Chapter 1, Title 1 of the S.C. Code is amended by adding:

 

Article 29

 

Selection and Oversight of Faithful Delegates to an Article V Amendment Convention

 

    Section 1-1-1910.  This article applies to an Amendment Convention held under Article V of the United States Constitution.

 

    Section 1-1-1920.  As used in this article:

    (1) "Advisory committee" means a committee consisting of members selected by the South Carolina Senate and House of Representatives using the process defined in this article to perform the duties defined in this article.

    (2) "Delegate" means a person selected by the General Assembly as provided in this article to represent this state at an Article V Convention for Proposing Amendments.

    (3) "Commissioning resolution" means the resolution adopted by the South Carolina Senate and House of Representatives that sets forth the names of the appointed delegates, their commissions, and instructions.

    (4) "Delegation" means the group of delegates and interim delegates chosen by the General Assembly to attend an Article V convention with the powers and duties defined in this article.

    (5) "Interim delegate" means a person selected by the advisory committee to fill a vacancy in the delegation.

 

    Section 1-1-1930.  At the time of appointment and throughout the Article V Amendment Convention, a delegate shall meet all the following qualifications:

    (1) is a United States citizen and has been one for at least five years;

    (2) is a resident of the State and has been one for at least five years;

    (3) is at least twenty-five years old;

    (4) is a registered voter in South Carolina;

    (5) must not have been registered as or required to be registered as a federal lobbyist within the last five years;

    (6) must not have been a federal employee other than a member of the United States armed forces or a contractor, nor have been such an employee or contractor at any time during the last ten years;

    (7) must not have held a federal elected or appointed office any time within the last ten years;

    (8) must not have had any felony convictions for crimes in any jurisdiction within the last ten years; and

    (9) must not hold a statewide office while performing the duties of a delegate or interim delegate. For purposes of this section, a position as a state member of the General Assembly is not considered a "statewide office."

 

    Section 1-1-1940.  (A) Delegates shall be named in a concurrent resolution passed by a majority of the members of the Senate present and voting and a majority of the members of the House of Representatives present and voting. All delegates shall be appointed by this process.

    (B) The General Assembly shall maintain an odd number of delegates in the delegation.

    (C) A delegate or interim delegate may be recalled or removed at any time and for any reason by a concurrent resolution passed by a majority of the members of the Senate present and voting and a majority of the members of the House of Representatives present and voting; or if the General Assembly is not in session, a delegate or interim delegate may be recalled and suspended from their duties by the advisory committee, pending a ratifying vote by the General Assembly.

    (D) A delegate or interim delegate shall be recalled or suspended by the advisory committee if the delegate or interim delegate has exceeded his scope of authority.

 

    Section 1-1-1950.  (A) The concurrent resolution naming the delegates shall include their commission. The commission shall include, but is not limited to, the following components:

       (1) A delegate shall not vote for or otherwise promote any change to the traditional convention rule that each state has one vote.

       (2) A delegate shall not vote in favor of any proposed amendment that would alter the text of the specific guarantees of individual liberty established by the Constitution, including the original Constitution, the Bill of Rights, and the following amendments: Thirteenth, Fourteenth, Fifteenth, Nineteenth, Twenty-Third, Twenty-Fourth, and Twenty-Sixth.

    (B) The concurrent resolution containing the commission shall clearly state the scope of the delegates' authority, which shall be limited by the following:

       (1) if South Carolina was not one of the two-thirds of the states applying for the Convention, the subject matter enumerated in the thirty-four state applications that triggered the convention; or

       (2) if South Carolina was one of the two-thirds of the states applying for the Convention, the subject matter in South Carolina's application; and

       (3) any additional instructions from the General Assembly, whether in the initial concurrent resolution containing the commission or issued through a subsequent concurrent resolution thereafter.

    (C) The General Assembly may provide additional instructions at any time by a subsequent concurrent resolution, a copy of which the Clerk of the Senate shall provide to each delegate and to the advisory committee.

 

    Section 1-1-1960.  (A) Each delegate shall, before exercising any function of the position, execute the following oath in writing: "I do solemnly swear (or affirm) that I accept and will act according to the limits of authority specified in my commission and any present or subsequent instructions. I understand that violating this oath may subject me to penalties provided by law. I understand that I may be recalled or suspended from my duties by the General Assembly or the advisory committee."

    (B) A delegate's executed oath shall be filed with the Secretary of State's office.

 

    Section 1-1-1970.  After a delegate's executed oath is filed with the Secretary of State's office, the Clerk of the Senate shall provide to the delegate an official copy of the executed oath and the concurrent resolution containing the commission that together shall serve as the delegate's credentials.

 

    Section 1-1-1980.  Any vacancies shall be filled by the advisory committee's selection of an interim delegate until such time as a concurrent resolution passed by the General Assembly shall select the permanent replacement.

 

    Section 1-1-1990.  (A) A delegate shall receive the same compensation as a member of the General Assembly, prorated for length of time served.

    (B) A delegate is entitled to receive the same allowance for expenses as provided to a member of the General Assembly.

 

    Section 1-1-2000.  (A) Except as provided in subsection (B), neither a delegate nor an interim delegate shall accept, during his time of service, any gifts or benefits with a combined value of more than two hundred dollars other than from a member of his family and gift or benefit of the kind customarily granted by a member of one's family. The term "gift or benefit" shall be construed liberally to include current and future loans, lodging, food, offer of prospective employment, and other actual and prospective benefits. An employer's decision to continue paying a delegate's current salary shall not be construed to be a gift.

    (B) If a delegate or an interim delegate is a public official or public employee as defined in Title 8, Chapter 13, that delegate or interim delegate must comply with the requirements of Title 8, Chapter 13.

 

    Section 1-1-2010.  (A) The delegates and interim delegates shall choose from among themselves a chairman of the delegation; a delegate who will cast the delegation's vote on the convention floor; and a delegate to speak on behalf of the delegation to the media. If the delegation decides, the same delegate may exercise two or three of these functions. The delegation may designate a different delegate to perform any function at any time.

    (B) Each delegate shall take care to avoid communicating the impression to any person outside the delegation that the delegation is divided on a question on which the delegation had taken a formal position including, but not limited to, casting a vote.

    (C) No delegate other than the one designated to communicate with the media on behalf of the delegation shall communicate with the media about convention business during the convention or during any temporary recess or temporary adjournment.

    (D) A delegate violating subsection (B) or subsection (C) may be suspended or recalled by the advisory committee or the General Assembly.

    (E) Subsection (B) and subsection (C) shall not be construed to prevent a delegate from presenting his opinions to the convention or debating a matter at the convention on which his delegation has not formally taken a position.

    (F) The quorum for decision by the delegation, including designating the delegates for functions and determining how South Carolina's vote shall be cast, is a majority present and voting at the time the delegation is polled. No decisions shall be made and no vote shall be cast if less than a majority of the delegation votes in the poll.

    (G) The rule of decision for the delegation, a quorum being present, shall be a majority of those being present and voting at the time of polling.

 

    Section 1-1-2020.  (A) The advisory committee consists of the following members:

       (1) a State Senator appointed by the President of the Senate;

       (2) a State Representative appointed by the Speaker of the House of Representatives; and

       (3) a member of the General Assembly jointly nominated by the President of the Senate and Speaker of the House of Representatives and approved by majority vote of those present and voting in the Senate and a majority vote of those present and voting in the House of Representatives.

    (B) The advisory committee shall select one of its members as the chair.

    (C) A delegate may request that the advisory committee advise him as to whether prospective action by the delegate would violate the commissioning resolution or any subsequent instructions.

       (1) The advisory committee shall communicate to the delegate requesting advice a determination within twenty-four hours of receiving the request.

       (2) The advisory committee may communicate its determination by any appropriate medium.

 

    Section 1-1-2030.  (A) Whenever the advisory committee has reason to believe that a delegate or interim delegate has exceeded the scope of his authority, the chair of the advisory committee shall notify the President of the Senate, the Speaker of the House of Representatives, and the Attorney General.

    (B) Upon the request for a determination by the President of the Senate, the Speaker of the House of Representatives, or the Attorney General on whether a delegate or interim delegate has exceeded the scope of his authority, the advisory committee shall issue a determination on whether the delegate or interim delegate did exceed his authority. The determination shall be expeditiously made and immediately communicated to the person requesting it.

    (C) Upon determining that a delegate or interim delegate has exceeded the scope of his authority, the advisory committee shall immediately exercise its authority to remove the delegate or interim delegate and communicate the removal and its reasons to the President of the Senate, the Speaker of the House of Representatives, the Attorney General, and the presiding officers of the convention.

    (D) A delegate or interim delegate who is convicted of violating the provisions of this article is guilty of a felony and, upon conviction, must be imprisoned for not more than five years.

 

SECTION 2.  This act takes effect upon approval by the Governor.

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