Statewide Constitutional Amendments
November 7, 2006 General Election
1. Must Article XVII of the Constitution of this State be amended by
adding Section 15 so as to provide that in this State and its political
subdivisions, a marriage between one man and one woman is the only lawful
domestic union that shall be valid or recognized; that this State and its
political subdivisions shall not create, recognize, or give effect to a
legal status, right, or claim created by another jurisdiction respecting
any other domestic union, however denominated; that this amendment shall
not impair any right or benefit extended by the State or its political subdivisions
other than a right or benefit arising from a domestic union that is not
valid or recognized in this State; and that this amendment shall not prohibit
or limit the ability of parties other than the State or its political subdivisions
from entering into contracts or other legal instruments?
Yes []
No []
Explanation of above:
This amendment provides that the institution of marriage in South Carolina
consists only of the union between one man and one woman. No other domestic
union is valid and legal. The State and its political subdivisions are prohibited
from creating or recognizing any right or claim respecting any other domestic
union, whatever it may be called, or from giving effect to any such right
or benefit recognized in any other state or jurisdiction.
However, this amendment also makes clear it does not impair rights or benefits
extended by this State, or its political subdivisions not arising from other
domestic unions, nor does the amendment prohibit private parties from entering
into contracts or other legal instruments.
2 a. Shall Article III, Section 9 of the Constitution of this State be amended
so as to provide that the annual session of the General Assembly shall commence
on the second Tuesday in January at the State Capitol Building in the City
of Columbia, but that each body shall be authorized by majority vote to
recede for a period of time not to exceed 30 consecutive calendar days at
a time, or by two-thirds vote to recede for a time period of more than 30
consecutive calendar days at a time, and to sit in session at the State
Capitol Building in the City of Columbia, and to provide for meetings as
each body shall consider appropriate, and to provide for an organizational
session for the Senate in those years in which the membership of the Senate
is elected and to delete obsolete language relating to earlier sessions
of the General Assembly?
Yes []
No []
Explanation of above:
This amendment permits either house by majority vote to recede for not
more than thirty days at a time or by a two-thirds vote to recede for more
than thirty days at a time, permits each house to meet during the legislative
session as it considers appropriate, and permits organizational sessions
of the Senate in the years senators are elected after the election before
the next regular session the following January. The House is presently permitted
to organize this way but the Senate is not.
2 b. Shall Article III of the Constitution of this State be amended by
deleting Section 21 which provides that neither house of the General Assembly
shall, without the consent of the other, adjourn for more than three days,
nor to any other place than that in which it shall be at the time sitting?
Yes []
No []
Explanation of above:
This amendment deletes a requirement that prohibits either house from
adjourning for more than three days without the consent of the other house.
This deletion is necessary to permit the meeting and receding provisions
outlined in paragraph one. (from Amendment 2 a)
3 a. Must the first sentence of the fourth paragraph of Section 16, Article
X of the Constitution of this State relating to the equity securities investments
allowed for funds of the various state-operated retirement systems be amended
so as to delete the restrictions limiting investments in equity securities
to those of American-based corporations registered on an American national
exchange as provided in the Securities Exchange Act of 1934 or any successor
act, or quoted through the National Association of Securities Dealers Automatic
Quotations System or similar service?
Yes []
No []
Explanation of above:
Currently, South Carolina’s Retirement Systems may invest only in publicly
traded stocks and stocks of companies located in the United States. This
amendment would allow prudent investing in all stocks as a means of seeking
higher profits.
3 b. Must the second through the seventh sentences of the fourth paragraph
of Section 16, Article X of the Constitution of this State relating to the
establishment and membership of the State Retirement Systems Investment
Panel be amended by deleting these sentences thereby abolishing this constitutionally
established panel?
Yes []
No []
Explanation of above:
This amendment would eliminate the Investment Panel, an advisory body,
and its accompanying expenses.
4. Must Article III and Article X of the Constitution of this State be
amended to authorize the General Assembly to establish the method of valuation
for real property based on limits to increases in taxable value, adjusted
for improvements and losses, of no more than fifteen percent over a five-year
period, unless an assessable transfer of interest occurs; to provide that
for purposes of calculating the limit on bonded indebtedness of political
subdivisions and school districts, the assessed values of all taxable property
within a political subdivision or school district shall not be lower than
the assessed values for 2006; and to provide that the General Assembly,
by general law and not through local legislation pertaining to a single
county or other political subdivision, shall provide for the terms, conditions,
and procedures to implement the above provisions?
Yes []
No []
Explanation of above:
This amendment will limit increases in the value of a parcel of real
property for purposes of imposing the property tax to no more than fifteen
percent every five years after the current value of the property has been
adjusted: (1) to reflect improvements made to the parcel; (2) to reflect
a decline in the value of the parcel; and (3) to reflect the value of the
parcel when ownership of the property changes as the General Assembly by
law defines such changes.
5. Must Section 13, Article I of the Constitution of this State be amended
so as to provide that except as otherwise provided in the Constitution,
private property shall not be condemned by eminent domain for any purpose
or benefit, including, but not limited to, the purpose or benefit of economic
development, unless the condemnation is for public use; and to further provide
that for the limited purpose of the remedy of blight, the General Assembly
may provide by law that private property, if it meets certain conditions,
may be condemned by eminent domain without the consent of the owner and
put to a public use or private use if just compensation is first made for
the property; and must Section 17, Article I of the Constitution of this
State be amended to delete undesignated paragraphs that give slum clearance
and redevelopment power to municipalities and housing or redevelopment authorities
in Sumter and Cherokee Counties; and must the Constitution of this State
be amended to delete Section 5, Article XIV, which provides slum clearance
and redevelopment power over blighted properties to municipalities and housing
or redevelopment authorities in Spartanburg, York, Florence, Greenville,
Charleston, Richland, and Laurens Counties?"
Yes []
No []
Explanation of above:
This amendment prohibits the State or a local government from condemning,
or taking, private property for any purpose except for a public use, and
says that economic development in itself is not a public use; allows the
General Assembly to pass a law that allows condemnation for a private use
only if the property is blighted and is dangerous to the community’s safety
and health and if fair compensation is paid; and deletes language about
condemnation of blighted areas by some specific local governments.
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