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H. 3193
STATUS INFORMATION
Joint Resolution
Sponsors: Rep. Davenport
Document Path: l:\council\bills\ggs\22648sj07.doc
Companion/Similar bill(s): 24
Introduced in the House on January 9, 2007
Currently residing in the House Committee on Judiciary
Summary: Initiative petition
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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1/9/2007 House Introduced and read first time HJ-98
1/9/2007 House Referred to Committee on Judiciary HJ-98
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
PROPOSING AN AMENDMENT TO THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY ADDING SECTION 16 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 16. 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?
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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