South Carolina General Assembly
115th Session, 2003-2004

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Bill 262


Indicates Matter Stricken
Indicates New Matter


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

PROPOSING AN AMENDMENT TO SECTION 34, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE PROHIBITION AGAINST THE GENERAL ASSEMBLY FROM ENACTING LOCAL OR SPECIAL LAWS, SO AS TO AUTHORIZE THE OPERATION OR POSSESSION OF ANY TYPE OF COIN-OPERATED AMUSEMENT OR GAMING MACHINE OR DEVICE IN A COUNTY UPON THE ENACTMENT OF AN ORDINANCE AUTHORIZING SUCH OPERATION OR POSSESSION, UPON THE FAVORABLE VOTE OF A MAJORITY OF THE MEMBERS OF THE COUNTY'S LEGISLATIVE DELEGATION, OR BY A PETITION SIGNED BY FIVE PERCENT OF THE COUNTY'S REGISTERED ELECTORS SUBJECT TO A FAVORABLE REFERENDUM.

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 by adding a new item XII immediately after item XI to read:

"XII.    To authorize the operation or possession of any type of coin-operated amusement or gaming machine or device in a county upon the enactment by the county governing body of an ordinance authorizing such operation or possession, upon the favorable vote of a majority of the members of a county's legislative delegation, or by a petition signed by five percent of a county's registered electors subject to the approval of the qualified electors of the county by majority vote in a regularly scheduled election. The provisions of item XII are deemed not to be in violation of Article VIII, Section 14(5) of this Constitution."

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 authorize the operation or possession of any type of coin-operated amusement or gaming machine or device in a county upon the enactment by the county governing body of an ordinance authorizing such operation or possession, upon the favorable vote of a majority of the members of a county's legislative delegation, or by a petition signed by five percent of a county's registered electors subject to the approval of the qualified electors of the county by majority vote in a regularly scheduled election. The provisions of item XII are deemed not to be in violation of Article VIII, Section 14(5) of this Constitution?"

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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