H 3465 Session 110 (1993-1994)
H 3465 Joint Resolution, By J.T. McElveen and W.D. Keyserling
Similar(S 84, S 117, H 3070, H 3160)
A Joint Resolution proposing an amendment to the Constitution of South
Carolina, 1895, by adding Section 15 to Article XVII so as to establish a
specified procedure for the enactment of laws and constitutional amendments by
initiative petition.
02/11/93 House Introduced and read first time HJ-3
02/11/93 House Referred to Committee on Judiciary HJ-3
A JOINT RESOLUTION
PROPOSING AN AMENDMENT TO THE CONSTITUTION OF
SOUTH CAROLINA, 1895, BY ADDING SECTION 15 TO ARTICLE
XVII SO AS TO ESTABLISH A SPECIFIED PROCEDURE FOR THE
ENACTMENT OF LAWS AND CONSTITUTIONAL
AMENDMENTS BY INITIATIVE PETITION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. It is proposed that Article XVII of the Constitution of
this State be amended by adding:
"Section 15. In addition to the provisions of Article III and
Article XVI of this Constitution, relating to the enactment of laws and
constitutional amendments and in order to give meaning to the right of
the people to petition their government for redress of grievances as
guaranteed by Article I, Section 2 of this Constitution, there is reserved
in the people the power to enact laws and constitutional amendments by
means of initiative petition. An initiative petition must contain a full
and correct copy of the title and text of the proposed law or
constitutional amendment and must be signed by a number of qualified
electors, not fewer than ten percent of the qualified electors eligible to
vote at the last general election. A valid signature on an initiative
petition must include the name, complete address, precinct, and voter
registration identification number of the signer. A petition must be
presented to the Secretary of State not later than sixty days before the
beginning of the next regularly scheduled annual session of the General
Assembly. The Secretary of State shall cause the State Election
Commission to verify the signatures contained on the petition. After
verification, the Secretary of State shall transmit the petition to the
presiding officer of each house at the beginning of the next regularly
scheduled annual session of the General Assembly in January. The
presiding officer of each house shall cause the petition to be prepared in
bill form reflecting in the bill that it is a petition bill not sponsored by
any member. If the nature of the bill is such that it must be introduced
and first considered in the House, the presiding officer of the Senate
shall not cause the petition to be prepared in bill form in the Senate.
Nothing herein prevents perfecting amendments to the petition bill either
in its initial preparation stage or while on the floor of either house. If the
bill has not been ratified by the General Assembly, vetoed by the
Governor, or rejected on second or third reading in either house by the
sine die adjournment date of the General Assembly immediately
preceding the next scheduled general election, the Secretary of State
shall submit the proposed law or constitutional amendment to the
qualified electors of this State at that general election. If a majority of
the qualified electors voting on the proposed law or constitutional
amendment vote in favor of the proposed law or amendment, it becomes
a law of this State or a part of this Constitution. The State Election
Commission shall certify the result to the Code Commissioner who shall
assign the law or constitutional amendment to an appropriate place in the
Code of Laws or the Constitution.
The General Assembly may by law provide additional requirements
for an initiative petition if the requirements are consistent with the
provisions of 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 ballot:
"Shall Article XVII of the Constitution of this State be amended
by adding a new section so as to provide for the enactment of a law or
constitutional amendment by initiative petition where no fewer than ten
percent of the qualified electors eligible to vote at the last general
election must sign the petition, the proposed law or constitutional
amendment must be considered by the General Assembly, the qualified
electors must vote on the proposed law or constitutional amendment if
the General Assembly or Governor have not acted on it, the proposed
law or constitutional amendment takes effect if a majority of the
qualified electors vote in favor of it, and where the General Assembly
may by law prescribe additional requirements for an initiative petition
if the added requirements are consistent with this section?
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'."
-----XX----- |