South Carolina Legislature


 

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S 122
Session 109 (1991-1992)


S 0122 Joint Resolution, By McConnell
 A Joint Resolution proposing an amendment to Section 3 of ArticleNext I of the
 Constitution of South Carolina, 1895, relating to privileges and immunities,
 due process, and equal protection of laws, so as to provide that the General
 Assembly may provide remedies for torts committed by the State, its political
 subdivisions, or their employees, while acting within the scope of official
 duty.

   09/17/90  Senate Prefiled
   09/17/90  Senate Referred to Committee on Judiciary
   01/08/91  Senate Introduced and read first time SJ-57
   01/08/91  Senate Referred to Committee on Judiciary SJ-57



A JOINT RESOLUTION

PROPOSING AN AMENDMENT TO SECTION 3 OF PreviousARTICLENext I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO PRIVILEGES AND IMMUNITIES, DUE PROCESS, AND EQUAL PROTECTION OF LAWS, SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY MAY PROVIDE REMEDIES FOR TORTS COMMITTED BY THE STATE, ITS POLITICAL SUBDIVISIONS, OR THEIR EMPLOYEES, WHILE ACTING WITHIN THE SCOPE OF OFFICIAL DUTY.

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

SECTION 1. It is proposed that Section 3 of PreviousArticleNext I of the Constitution of this State be amended to read:

"Section 3. The privileges and immunities of citizens of this State and of the United States under this Constitution shall must not be abridged, nor shall any a person must not be deprived of life, liberty, or property without due process of law, nor shall any and a person must not be denied the equal protection of the laws. The provisions of this section do not prevent the General Assembly from providing remedies for torts committed by the State, its political subdivisions, or their employees, while acting within the scope of official duty."

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 ballots:

"Must Section 3 of PreviousArticle I of the Constitution of this State be amended so as to provide that the General Assembly may provide remedies for torts committed by the State, its political subdivisions, or their employees, while acting within the scope of official duty?

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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