S 122 Session 109 (1991-1992)
S 0122 Joint Resolution, By McConnell
A Joint Resolution proposing an amendment to Section 3 of Article 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 ARTICLE 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 Article 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 Article 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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