South Carolina General Assembly
105th Session, 1983-1984

Bill 1047

                    Current Status

Bill Number:               1047
Ratification Number:       603
Act Number:                517
Introducing Body:          Senate
Subject:                   To amend Article V of the Constitution of South 
                           Carolina, relating to the Judicial Department and 
                           the rules and amendments to rules governing 
                           practice and procedure in all courts of this 
                           state
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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A517, R603, S1047)

A JOINT RESOLUTION TO AMEND ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE JUDICIAL DEPARTMENT BY ADDING SECTION 4A SO AS TO PROVIDE THAT ALL RULES AND AMENDMENTS TO RULES GOVERNING PRACTICE AND PROCEDURE IN ALL COURTS OF THIS STATE PROMULGATED BY THE SUPREME COURT MUST BE SUBMITTED BY THE SUPREME COURT TO THE JUDICIARY COMMITTEE OF EACH HOUSE OF THE GENERAL ASSEMBLY DURING A REGULAR SESSION, BUT NOT LATER THAN THE FIRST DAY OF FEBRUARY DURING EACH SESSION, AND THAT SUCH RULES OR AMENDMENTS SHALL BECOME EFFECTIVE NINETY CALENDAR DAYS AFTER SUBMISSION UNLESS DISAPPROVED BY CONCURRENT RESOLUTION OF THE GENERAL ASSEMBLY WITH THE CONCURRENCE OF THREE-FIFTHS OF THE MEMBERS OF EACH HOUSE PRESENT AND VOTING.

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

Constitutional amendment - Rules and amendments to rules governing practice and procedure in courts

SECTION 1. It is proposed that Article V of the Constitution of this State be amended by adding Section 4A to read:

"Section 4A. All rules and amendments to rules governing practice and procedure in all courts of this State promulgated by the Supreme Court must be submitted by the Supreme Court to the judiciary Committee of each House of the General Assembly during a regular session, but not later than the first day of February during each session. Such rules or amendments shall become effective ninety calendar days after submission unless disapproved by concurrent resolution of the General Assembly, with the concurrence of three-fifths of the members of each House present and voting."

Proposed amendment submitted to qualified electors

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 thereon:

"Shall Article V of the Constitution of this State be amended by adding Section 4A so as to provide that all rules and amendments to rules governing practice and procedure in all courts of this State promulgated by the Supreme Court must be submitted by the Supreme Court to the judiciary Committee of each House of the General Assembly during a regular session, but not later than the first day of February during each session, and that such rules or amendments shall become effective ninety calendar days after submission unless disapproved by concurrent resolution of the General Assembly with the concurrence of three-fifths of the members of each House present and voting?

In favor of the amendment / /

Opposed to the amendment / /

Those voting in favor of the amendment shall deposit a ballot with a check or cross mark in the square after the words `In favor of the amendment', and those voting against the amendment shall deposit a ballot with a check or cross mark in the square after the words `Opposed to the amendment'."