South Carolina General Assembly
112th Session, 1997-1998

Bill 3157


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                       3157
Type of Legislation:               Joint Resolution JR
Introducing Body:                  House
Introduced Date:                   19970114
Primary Sponsor:                   Wilkins
All Sponsors:                      Wilkins, Haskins, Cato,
                                   Harrison, Meacham, Sharpe, D. Smith,
                                   Vaughn, Allison, Bailey, Barfield,
                                   Barrett, Bauer, Baxley, Beck,
                                   Campsen, Chellis, Cotty, Cromer,
                                   Davenport, Felder, Gamble, Harrell,
                                   J. Harris, Hinson, Jordan, Kelley,
                                   Keegan, Kinon, Klauber, Law, Leach,
                                   Littlejohn, Limbaugh, Lloyd, Mason,
                                   McKay, McMaster, Rice, Riser,
                                   Robinson, Rodgers, Sandifer,
                                   Simrill, Tripp, Walker, Witherspoon,
                                   Woodrum, Young, Young-Brickell,
                                   Stuart, Mullen, Seithel, Edge, R.
                                   Smith, Knotts, Webb, Limehouse,
                                   Whatley and Hawkins
Drafted Document Number:           pt\2780sd.97
Residing Body:                     Senate
Current Committee:                 Judiciary Committee 11 SJ
Date of Last Amendment:            19970212
Subject:                           Legislature, constitutional
                                   officers, limited terms; General
                                   Assembly, constitutional
                                   amendment



History


Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________
Senate  19970218  Introduced, read first time,             11 SJ
                  referred to Committee
House   19970213  Read third time, sent to Senate
House   19970212  Amended, read second time
House   19970211  Objection by Representative                      Whipper
House   19970211  Request for debate by Representative             Harrison
                                                                   Cotty
                                                                   Klauber
                                                                   Fleming
                                                                   Hawkins
                                                                   Law
                                                                   Sandifer
                                                                   Riser
                                                                   Cromer
                                                                   Young
                                                                   Woodrum
                                                                   McMaster
                                                                   Knotts
                                                                   R. Smith
                                                                   Harrell
House   19970205  Committee report: Favorable with         25 HJ
                  amendment
House   19970114  Introduced, read first time,             25 HJ
                  referred to Committee
House   19970108  Prefiled, referred to Committee          25 HJ

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

Indicates Matter Stricken
Indicates New Matter

AMENDED

February 12, 1997

H. 3157

Introduced by Reps. Wilkins, Haskins, Cato, Harrison, Meacham, Sharpe, D. Smith, Vaughn, Allison, Bailey, Barfield, Barrett, Bauer, Baxley, Beck, Campsen, Chellis, Cotty, Cromer, Davenport, Felder, Gamble, Harrell, J. Harris, Hinson, Jordan, Kelley, Keegan, Kinon, Klauber, Law, Leach, Littlejohn, Limbaugh, Lloyd, Mason, McKay, McMaster, Rice, Riser, Robinson, Rodgers, Sandifer, Simrill, Tripp, Walker, Witherspoon, Woodrum, Young, Young-Brickell, Stuart, Mullen, Seithel, Edge, R. Smith, Knotts, Webb, Limehouse, Whatley and Hawkins

S. Printed 2/12/97--H.

Read the first time January 14, 1997.

A JOINT RESOLUTION

PROPOSING AN AMENDMENT TO SECTION 2, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE HOUSE OF REPRESENTATIVES, SO AS TO PROVIDE THAT NO MEMBER OF THE HOUSE MAY SERVE MORE THAN SIX CONSECUTIVE COMPLETE TERMS, TO PROVIDE THAT FOR THOSE HOUSE MEMBERS ELECTED IN THE 1996 ELECTION WHETHER OR NOT THEY HAVE PRIOR HOUSE SERVICE, THIS LIMITATION ON TERMS BEGINS WITH THE TERMS STARTING ON THE MONDAY FOLLOWING THE 1996 GENERAL ELECTION, AND TO PROVIDE THAT FOR THOSE MEMBERS ELECTED AFTER 1996, WHETHER OR NOT THEY HAVE PRIOR HOUSE SERVICE, THE LIMITATION BEGINS WITH THE TERMS THE MEMBERS FIRST SERVE AFTER 1996; PROPOSING AN AMENDMENT TO SECTION 6, ARTICLE III OF THE CONSTITUTION, RELATING TO THE SENATE, SO AS TO PROVIDE THAT NO MEMBER OF THE SENATE MAY SERVE MORE THAN THREE CONSECUTIVE COMPLETE TERMS, TO PROVIDE THAT FOR THOSE SENATORS ELECTED IN THE 1996 ELECTION WHETHER OR NOT THEY HAVE PRIOR SENATE SERVICE, THIS LIMITATION ON TERMS BEGINS WITH THE TERMS STARTING ON THE MONDAY FOLLOWING THE 1996 GENERAL ELECTION, TO PROVIDE THAT FOR THOSE SENATORS ELECTED AFTER 1996 WHETHER OR NOT THEY HAVE PRIOR SENATE SERVICE, THE LIMITATION BEGINS WITH THE TERMS THE MEMBERS FIRST SERVE AFTER 1996, AND TO REVISE CERTAIN OBSOLETE REFERENCES; AND PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI OF THE CONSTITUTION, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO PROVIDE THAT NO CONSTITUTIONAL OFFICER MAY SERVE MORE THAN THREE CONSECUTIVE COMPLETE TERMS, TO PROVIDE THAT FOR THOSE CONSTITUTIONAL OFFICERS ELECTED IN THE 1998 ELECTION WHETHER OR NOT THEY HAVE PRIOR SERVICE IN THAT CONSTITUTIONAL OFFICE, THIS LIMITATION ON TERMS BEGINS WITH THE TERMS STARTING IN JANUARY, 1999, AND TO PROVIDE THAT FOR THOSE CONSTITUTIONAL OFFICERS ELECTED AFTER 1998 WHETHER OR NOT THEY HAVE PRIOR SERVICE IN THAT CONSTITUTIONAL OFFICE, THE LIMITATION BEGINS WITH THE TERM THE CONSTITUTIONAL OFFICER FIRST SERVES AFTER 1998.

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

SECTION 1. It is proposed that Section 2, Article III of the Constitution of South Carolina, 1895, be amended to read:

"Section 2. (A) The House of Representatives shall must be composed of members chosen by ballot every second year by citizens of this State, qualified as in this Constitution is provided.

(B) No member of the House may serve more than six consecutive complete terms. For those House members elected in the 1996 election whether or not they have prior House service, the limitation on terms herein contained begins with the terms starting on the Monday following the 1996 general election. For those members elected after 1996 whether or not they have prior House service, the limitation begins with the terms the members first serve after 1996. Service in another public office does not constitute prior service for purposes of this provision.

(C) If a member of the House elected in 1996 must run for the House again in 1997 because his election district is revised and is reelected in 1997 for a term to expire in 1998, he is considered to have served one consecutive complete term between 1996 and 1998 for purposes of the term limitations contained in this section. If a member of the House elected in 1996 must run for the House again in 1997 because his election district is revised and is not reelected or if he chooses not to offer for reelection in 1997, he is considered to have served one consecutive complete term which began in 1996 for purposes of the term limitations contained in this section."

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:

"Must Section 2, Article III of the Constitution of this State relating to the House of Representatives be amended so as to provide that no member of the House may serve more than six consecutive complete terms, to provide that for those House members elected in the 1996 election whether or not they have prior House service, this limitation on terms begins with the term starting on the Monday following the 1996 general election and to provide that for those members elected after 1996 whether or not they have prior House service, the limitation begins with the terms the members first serve after 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 3. It is proposed that Section 6, Article III of the Constitution of South Carolina, 1895, is amended to read:

"Section 6. (A) The Senate shall must be composed of one member chosen from each County senatorial election district as established by law, to be elected for the term of four years by the qualified electors in each County, of the district in the same manner in which members of the House of Representatives are chosen.

(B) No member of the Senate may serve more than three consecutive complete terms. For those Senators elected in the 1996 election whether or not they have prior Senate service, the limitation on terms herein contained begins with the terms starting on the Monday following the 1996 general election. For those Senators elected after 1996 whether or not they have prior Senate service, the limitation begins with the terms the members first serve after 1996. Service in another public office does not constitute prior service for purposes of this provision.

(C) If a member of the Senate elected in 1996 must run for the Senate again in 1997 because his election district is revised and is reelected for a term to expire in 2000, he is considered to have served one consecutive complete term between 1996 and 2000 for purposes of the term limitations contained in this section. If a member of the Senate elected in 1996 must run for the Senate again in 1997 because his election district is revised and is not reelected or if he chooses not to offer for reelection in 1997, he is considered to have served one consecutive complete term which began in 1996 for purposes of the term limitations contained in this section."

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:

"Must Section 6, Article III of the Constitution of this State relating to the Senate be amended so as to provide that no member of the Senate may serve more than three consecutive complete terms, to provide that for those Senators elected in the 1996 election whether or not they have prior Senate service, this limitation on terms begins with the terms starting on the Monday following the 1996 general election, and to provide that for those Senators elected after 1996 whether or not they have prior Senate service, the limitation begins with the terms the members first serve after 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 Section 7, Article VI of the Constitution of South Carolina, 1895, is amended to read:

"Section 7. There shall must be elected by the qualified voters of the State a Secretary of State, an Attorney General, a Treasurer, a Superintendent of Education, Comptroller General, Commissioner of Agriculture, and an Adjutant General who shall hold their respective offices for a term of four years coterminous with that of the Governor. The duties and compensation of such these offices shall must be prescribed by law and their compensation shall must be neither increased nor diminished during the period for which they shall have been elected.

No constitutional officer referenced above may serve more than three consecutive complete terms. For those constitutional officers elected in the 1998 election whether or not they have prior service in that constitutional office, the limitation on terms herein contained begins with the terms starting in January, 1999. For those constitutional officers elected after 1998 whether or not they have prior service in that constitutional office, the limitation begins with the terms the constitutional officers first serve after 1998. Service in another public office does not constitute prior service for purposes of this provision."

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 ballots:

"Must Article VI, Section 7 of the Constitution of this State relating to the constitutional officers of this State be amended so as to provide that no constitutional officer may serve more than three consecutive complete terms, to provide that for those constitutional officers elected in the 1998 election whether or not they have prior service in that constitutional office, this limitation on terms begins with the terms starting in January, 1999, and to provide that for those constitutional officers elected after 1998 whether or not they have prior service in that constitutional office, the limitation begins with the term the constitutional officer first serves after 1998?

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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