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Bill 736

                    Current Status

Bill Number:                      736
Type of Legislation:              Joint Resolution JR
Introducing Body:                 Senate
Introduced Date:                  19990415
Primary Sponsor:                  McConnell
All Sponsors:                     McConnell, Passailaigue
Drafted Document Number:          l:\council\bills\ggs\22293mm99.doc
Residing Body:                    Senate
Current Committee:                Judiciary Committee 11 SJ
Subject:                          Local legislation in area of gambling, 
                                  alcohol, Sunday sales or Blue Laws; citizens 
                                  decide by referendum, Elections


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
Senate  19990415  Introduced, read first time,           11 SJ
                  referred to Committee


                             Versions of This Bill

PROPOSING AN AMENDMENT TO SECTION 34, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE PROHIBITION OF SPECIFIED SPECIAL LEGISLATION, SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY MAY ALLOW LOCAL OPTION IN THE AREAS OF GAMBLING, ALCOHOL, AND SUNDAY SALES.

WHEREAS, the General Assembly finds that it is in the best interest of the State to allow its citizens to decide on local issues that are emotional and that impact the standard of living and quality of life in each county; and

WHEREAS, the issues of gambling, alcohol, and Sunday sales are the types of issues that should be addressed locally; and

WHEREAS, the people of South Carolina have, in the past, tried to decide these issues for themselves but had their choices disallowed because they were adjudged to be special legislation.

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

SECTION 1. It is proposed that Section 34, Article III of the Constitution of this State be amended to read:

"Section 34. The General Assembly of this State shall not enact local or special laws concerning any of the following subjects or for any of the following purposes, to wit:

I. To change the names of persons or places.

II. To incorporate cities, towns or villages, or change, amend or extend charter thereof.

III. To incorporate educational, religious, charitable, social, manufacturing or banking institutions not under the control of the State, or amend or extend the charters thereof.

IV. To incorporate school districts.

V. To authorize the adoption or legitimation of children.

VI. To provide for the protection of game.

VII. To summon and empanel grand or petit jurors; provided, that tales boxes may be eliminated by special act in York County.

VIII. Eliminated. (1920 (31) 1700; 1921 (32) 191; 1934 (38) 1623; 1935 (39) 27.)

IX. In all other cases, where a general law can be made applicable, no special law shall be enacted: Provided, That the General Assembly may enact local or special laws fixing the amount and manner of compensation to be paid to the County Officers of the several counties of the State, and may provide that the fees collected by any such officer, or officers, shall be paid into the treasury of the respective counties. Provided, further, that the General Assembly may enact laws that allow for local option in the areas of gambling, alcohol, and Sunday sales.

X. The General Assembly shall forthwith enact general laws concerning said subjects for said purposes, which shall be uniform in their operations: Provided, that nothing contained in this section shall prohibit the General Assembly from enacting special provisions in general laws.

XI. The provisions of this Section shall not apply to charitable and educational corporations where, under the terms of a gift, devise or will, special incorporation may be required.

Provided, That the General Assembly is empowered to divide the State into as many zones as may appear practicable, and to enact legislation as may appear proper for the protection of game in the several zones.

Provided, further, that the General Assembly is empowered to divide the State into as many districts as may appear practicable, and to enact legislation as may appear proper for the protection of forestry in the several districts.

Provided, there is hereby created a civil service commission in the City of Spartanburg for the benefit of the police department, including its chief, and fire department, including its chief, under such terms and conditions as prescribed by the General Assembly.

Provided, that the City of Gaffney may establish a civil service commission for the benefit of such municipal employees as may be designated by the Gaffney City Council, under such terms and conditions as prescribed by the General Assembly."

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 ballot:

"Must Section 34, Article III of the Constitution of this State be amended to provide that the General Assembly may allow local option in the areas of gambling, alcohol, and Sunday sales?

_ Yes

_ No

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square before the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square before the word 'No'."

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