Statement Of Estimated Fiscal Impact Explaination Of State Expenditure Of Convening A Constitutional Amendment Convention.
Note: After Re-Reading The Bill Of Rights Of The South Carolina Constitution( Of 18 ) And Reading H. 3205( As Amended May 11th, 2021), I’m Of The Perspective That The Original Idea For Constitutional Amendment Can Be Cleverly Achieved Along With The Other Constitutional Blessings For The State In H.3205.
A Joint-Resolution To Allow We A One People Of The Universe’s Creator And Of Humanity, And Of The Constitution Of The State Of South Carolina To Apply To This Honorable General Assembly Of The State Of South Carolina -( Respectfully, Since We’re In Agreement With The Convening Of A Constitutional Amendment Convention Principled In H.3205, But Rather In Applying The Amendments Principles On Our State Level)– For The Calling Of A Convention Of The State With The Purpose Of Proposing Amendments To The South Carolina Constitution Relating To Term Limits For Members Of The South Carolina House Of Represenatives And The South Carolina Senate, And For Imposing Fiscal Restriants On The State Government, And Limiting The Power And Jurisdiction Of The State Government, Among Other Items Listed In This Resolution. We Anticipate This Joint-Resolution Can Be Managed Within The Normal Course Of Business For The Senate And House Of Representatives, Therefore This Concurrent Resolution Will Have No Expenditure Impact.
Proposed Resolution
To Make Application To The General Assembly Of The State Of South Carolina To Call A Convention For Proposing Amendments Pursuant To Article XVI Of The State Of South Carolina Constitution Limited To Proposing Fiscal Restriants On The State Government, Limiting The Power And Jurisdiction Of The State Government, And Limit The Terms Of Office For State Government Officials And For Members Of The General Assembly; To Provide Certain Reservations, Understanding, And Declarations Limiting The Application; And To Provide Certain Selection Criteria For Apointees/ Commissioners, As Well As, Limitations Upon Their Authority.
We The People Of The Universe’s Creator And Constitution Of The State Of South Carolina, That The General Assembly Find It To Enact The Totality Of This Bill To Convene An Amendment Convention Of The State Of South Carolina :
Section 1(A) We A One People Of The Universe’s Creator And Of The Constitution Of The State Of South Carolina, By Joint Resolution, Hereby Makes Application To The General Assembly Of The State Of South Carolina, To Call An Amendment Convention Of The State Of South Carolina Pursuant To Article XVI Of The Constitution Of The State Of South Carolina, Limited To Proposing Amendments That Impose Fiscal Restriants On The State Government, That Limit The Power And Jurisdiction Of The State Government, And Limit The Terms Of Office For State Officials And For Members Of General Assembly.
(B) This Application Shall Constitute A Continuing Application For The Convention Of The State Pursuant To Article XVI Of The Constitution Of The State Of South Carolina Until The Legislatures Of Two-Thirds Of The General Assembly Have Made Application Of The Same Subject(s) And The Convention Has Been Called By The General Assembly Of The State Of South Carolina, And That This Application Expires Ten-Years From The Effective Date Of This Joint Resolution.
(C) The Clerk Of The House Of Represenatives And Senate Shall Transmit Copies Of This Joint Resolution To The Governor Of The State Of South Carolina, The Speaker And Clerk Of The South Carolina House Of Represenatives, And President And Clerk Of The South Carolina Senate, The Members of The South Carolina Congressional Delegation, Attesting To The Enactment Of This Joint Resolution By The South Carolina General Assembly.
Section 2. We A One People Of The Universe’s Creator And Of The Constitution Of The State Of South Carolina Adopts This Application Expressly Subject To The Following Reservations, Understandings, And Declarations
(1) An Application To The General Assembly Of The State Of South Carolina To Call Amendment Convention Of The State, Pursuant To Article XVI Of The Constitution, Of The State Of South Carolina, Of Which Confers No Powers To The General Assembly Other Than, The Power To Call Such A Convention, And The Power Of The General Assembly To Exercise This Ministerial Duty Which Consists Solely Of The Authority To Name A Reasonable Time And Place For The Meeting Of A Convention;
(2) The General Assembly Shall Perform Its Ministerial Duty Of Calling An Amendment Convention Of The State, Only The Receipt Of Application(s) For An For An Amendment Convention For The Substantially Same Purpose, As The Joint Resolution [ H.3205] Of The 124th session Of The State Of South Carolina 2021-2022 General Assembly, From Two-Thirds Of The Legislatures Of The State ;
(3) The General Assembly Does Not Have The Power Or Authority To Determine Any Rules For Governing Of An Amendment Convention Of The State, Called Pursuant To Article XVI Of The Constitution Of The State Of South Carolina, And Does Not Have The The Authority To Set The Number Of Amendment Convention Commissioners Or Delegates To Be Sent To Such A Convention, Other Than Members Of The General Assembly Which Remains Exclusively Within The Authority Of The General Assembly ;
(4) By Definition An Commissioners Or Delegates Amendment Convention Of The State Of South Carolina, Means That All Commissioners Or Delegates Of Election Or Appointment Shall Vote On The Basis Of Only One Vote, Per Commissioner Of Delegate Of All Represented Interest.
(5) A Convention Of The State, Convened Pursuant To This Application, Must Be Limited To Consideration Of The Topics Specified In This Joint-Resolution, And No Other. This Application Is Made With The Expressed Understanding, That An Amendment, That In Any Way Seeks To Amend, Modify, Or Repeal Any Provision Of The Declaration Of The Bill Of Rights In The ( 1868 Constitution) Of The State Of South Carolina, And/Or The Thirteenth, Fourteenth, Fifteenth And Nineteenth Amendments To The United States Constitution, Shall Not, Be Authorized For Consideration At Any Stage.
This Application “Shall Be Void initio” If Ever Used At Any Stage, To Consider Any Change To Any Provisions Of The ” Declaration Of The Bill Of Rights Of The 1868 Constitution Of The State Of South Carolina, And/Or The Thirteenth, Fourteenth Fifteenth And Nineteenth Amendments To The United States Constitution;
(6) Pursuant To Article XVI Of The Constitution Of The State Of South Carolina, The General Assembly May Determine Whether Proposed Amendments Shall Be Ratified By The Legislatures Of South Carolina Or Special State Ratification Conventions. It Is Recommended To Select Ratification By The State Legislatures Of The State Of South Carolina ;
(7) The South Carolina General Assembly May Provide Further Instructions To Its Amendment Convention Commissioners Or Delegates At Any Time, For A Breach Of Duty, Or A Violation Of The Instructions Provided.
Section 3. When Determing Commissioners Or Delegates, The Appointing Or Electing Body Must Take into Account Race, Gender, And Age, So As To Represent The Greatest Extent Possible, Of All Segments Of The Population Of The State.
Section 4. The Joint Resolution Takes Effect Upon Approval By The Governor.
Sincerely And Respectfully