H 3190 Session 112 (1997-1998)
H 3190 Joint Resolution, By Davenport and Meacham
Similar(S 74, H 3821)
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.
01/08/97 House Prefiled
01/08/97 House Referred to Committee on Judiciary
01/14/97 House Introduced and read first time HJ-75
01/14/97 House Referred to Committee on Judiciary HJ-75
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:
"Must 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'."
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