S 82 Session 111 (1995-1996)
S 0082 Joint Resolution, By McConnell, M.T.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 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.-amended title View full text
10/03/94 Senate Prefiled
10/03/94 Senate Referred to Committee on Judiciary
01/10/95 Senate Introduced and read first time SJ-33
01/10/95 Senate Referred to Committee on Judiciary SJ-33
04/20/95 Senate Committee report: Favorable with amendment
Judiciary SJ-15
04/25/95 Senate Amended SJ-25
04/25/95 Senate Read second time SJ-25
04/25/95 Senate Ordered to third reading with notice of
amendments SJ-25
04/26/95 Senate Read third time and sent to House SJ-14
04/26/95 House Introduced and read first time HJ-73
04/26/95 House Referred to Committee on Judiciary HJ-73
05/15/96 House Committee report: Favorable with amendment
Judiciary HJ-16
05/21/96 House Amended HJ-120
05/21/96 House Read second time HJ-122
05/21/96 House Roll call Yeas-99 Nays-0 HJ-122
05/22/96 House Read third time and returned to Senate with
amendments HJ-15
05/23/96 Senate House amendment amended SJ-80
05/23/96 Senate Returned to House with amendments SJ-80
05/30/96 House Non-concurrence in Senate amendment HJ-61
05/30/96 Senate Senate insists upon amendment and conference
committee appointed Sens. McConnell, Moore,
Russell SJ-29
05/30/96 House Conference committee appointed Felder, Knotts, &
D. Smith HJ-162
Indicates Matter Stricken
Indicates New Matter
HOUSE AMENDMENTS AMENDED
May 23, 1996
S. 82
Introduced by SENATORS McConnell, Rose and
Wilson
S. Printed 5/23/96--S.
Read the first time January 10, 1995.
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 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?
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 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.
(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:
(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 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
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'."
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