Bill
H 3558
Establishes a SC process to appoint and govern seven Article V convention commissioners, with strict qualifications, oath, advisory oversight, and limits on authority.
Status: Introduced Jan. 14, 2025; Favorable report (House Judiciary) Feb. 6, 2025; Passed House (Roll call Yeas 76 / Nays 29 on 3/5/2025); sent to Senate and referred to Senate Judiciary. Hearing(s) and reporting deadlines scheduled (hearing 05/14/2025; reporting extended to 12/03/2025).
Note: The legislative file includes an unrelated Massachusetts bill text (House Docket No. 2801) appearing to be a clerical insertion; this summary focuses on the South Carolina Article V commissioners bill.
Purpose
- Establishes a statutory process by which the South Carolina General Assembly appoints and governs commissioners who would represent the State at an Article V convention (a convention of states for proposing constitutional amendments or a state ratification convention).
Key provisions
- Title and repeal/disavowal: Repeals Joint Resolution 775 (1976) and disavows prior calls/applications for a constitutional convention made before the bill's effective date; directs the Secretary of State to notify federal officials and the State’s congressional delegation.
- Definitions: Creates terms such as “Article V convention,” “commissioner,” “commissioning resolution,” “delegation,” “interim commissioner,” and “advisory committee.”
- Qualifications (Section 1-1-1520): Commissioners must be U.S. citizens for ≥5 years, South Carolina residents for ≥5 years, at least 25 years old, and registered voters. Disqualifiers include: federal lobbyist registration within the last 5 years; federal employee/contractor within the last 10 years (except military); holding federal elected/appointed office within last 10 years; felony conviction within last 10 years.
- Appointment and removal (Section 1-1-1525): Seven commissioners named by majority vote in joint session, plus one non-voting alternate. Commissioners may be removed by joint resolution or by majority in joint session; advisory committee may suspend commissioners when the General Assembly is not in session.
- Commissioning resolution and limits (Section 1-1-1530): Commission must include instructions and limits — e.g., uphold the convention rule that each state has one vote; prohibit amendments altering specified individual-rights guarantees (explicitly protecting the original Constitution, Bill of Rights, and the 13th, 14th, 15th, 19th, 23rd, 24th, and 26th Amendments). Authority is limited to subject matter in the triggering state applications (either the 34-state application topics or this State’s application) and to any subsequent instructions from the General Assembly.
- Oath and credentials (Sections 1-1-1535, 1-1-1540): Commissioners must execute a written oath affirming they will act within their commission limits; oath is filed with the Secretary of State and official copies provided by the House Clerk.
- Advisory committee (composition & duties): Three legislators — one senator appointed by the Senate President, one representative appointed by the House Speaker, and a jointly nominated legislator approved by both chambers — who advise commissioners on scope questions. If the committee believes a commissioner acted beyond authority, it must notify leadership and the Attorney General; the AG must investigate potential misconduct.
- Vacancies (Section 1-1-1545): Interim commissioners are selected by the advisory committee until a joint session selects a permanent replacement.
- Compensation and expenses (Section 1-1-1550): Commissioners receive the same compensation and expense allowances as General Assembly members, prorated for time served (GA base salary and benefit references provided in fiscal notes: base salary $10,400; in-district payment $1,000/month; per diem, subsistence and mileage amounts per FY 2024–25 appropriations).
- Ethics and gifts (Section 1-1-1555): Commissioners/interim commissioners may not accept gifts or benefits over $200 (family exception); “gift or benefit” is broadly defined.
- Delegation organization (Section 1-1-1560): Delegation chooses among itself a chair, a floor voter for the state, and a media spokesperson (roles may be combined).
- Criminal penalty / protection: Knowingly bribing, threatening, intimidating, or obstructing a commissioner or interim commissioner (where not privileged by law) is a felony punishable by up to $1,000 fine and up to one year imprisonment; potential, but indeterminate, General Fund revenue from fines.
Who is affected
- General Assembly (must convene joint sessions to appoint/recall commissioners; may issue instructions).
- Appointed commissioners and interim commissioners (subject to qualifications, oath, compensation, limits).
- Secretary of State (files oaths).
- Attorney General (investigations of alleged misconduct).
- Various state agencies noted in fiscal review (Judicial, DOC, PCC, CID, PPP) — potential operational impacts pending agency responses.
Fiscal impact and administration
- Costs for commissioner compensation/expenses are indeterminate (prorated GA compensation and allowances may apply); House, Senate, Secretary of State, and Attorney General anticipate managing duties with existing resources. Some agency impacts pending. Criminal penalties could yield indeterminate minor revenue increases.
Procedural/timeline notes
- Introduced and reported favorably by Judiciary Feb. 6, 2025. Passed the House (3/5/2025); sent to Senate and referred to Senate Judiciary. Hearing held/scheduled and reporting extended to Dec. 3, 2025. Further Senate action pending.
Compiled from official sources — confirm details with the bill’s official record.
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