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South Carolina Bill #H 4240   View text of Bill | Go to Bill Online
Bill Name:House Joint Resolution H 4240
Type:Health Care Freedom
Requested Patriot Action: This bill was assigned to Judiciary Committee on 01/12/10. Please call the members of this committee and ask them to pass this bill out of committee.

Committee Members:

Greg Delleney (803) 581-2211
Garry Smith (864) 963-0337
Jim Harrison (803) 256-0049
James Smith (803) 933-9800
Walt McLeod (803) 345-1538

Committees: Referred to the Juciciary Committer 01/12/2010
Sponsors: House Sponsors:
Duncan (864) 833-7700
Long (803) 547-5547
Wylie (864) 419-3698
Session Schedule: In Session 1/13/09 - 5/20/10 (est.)

Interim Recess 6/17/09 - 1/10/10

In Session 1/11/10 - 5/20/10 (est.)
Similar Bills in other states: 
Date Introduced: 1/12/2010
Enacted:
Status:Awaiting action from the Judiciary Committee 01/12/2010
Passed House committee:
Passed Senate committee:
Passed Senate:
Passed House:
Link to Bill history: Go to Bill history
Bill History: H 4240


H 4240 Joint Resolution, By Duncan, Long and Wylie
Similar(H 4181)
A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE I OF THE CONSTITUTION OF
SOUTH CAROLINA, 1895, RELATING TO THE "DECLARATION OF RIGHTS", SO AS TO ADD A
NEW SECTION PROHIBITING THE ENACTMENT OF ANY LAW THAT RESTRICTS AN
INDIVIDUAL'S FREEDOM OF CHOICE OF PRIVATE HEALTH CARE SYSTEMS OR PRIVATE
HEALTH INSURANCE PLANS OR THAT INTERFERES WITH AN INDIVIDUAL'S OR ENTITY'S
ABILITY TO PAY DIRECTLY FOR LAWFUL MEDICAL SERVICES OR THAT IMPOSES A FINE OR
PENALTY OF ANY TYPE FOR CHOOSING TO OBTAIN OR DECLINE HEALTH CARE COVERAGE OR
FOR PARTICIPATING IN ANY PARTICULAR HEALTH CARE SYSTEM OR PLAN.

12/15/09 House Prefiled
12/15/09 House Referred to Committee on Judiciary
01/12/10 House Introduced and read first time HJ-41
01/12/10 House Referred to Committee on Judiciary HJ-41


House votes:
Senate votes:
Federal reply:
State constitution: Oklahoma State Constitution

Article II: BILL OF RIGHTS
BILL OF RIGHTS

Section II-1: Political power - Purpose of government - Alteration or reformation.
All political power is inherent in the people; and government
is instituted for their protection, security, and benefit, and to
promote their general welfare; and they have the right to alter
or reform the same whenever the public good may require it:
Provided, such change be not repugnant to the Constitution of the
United States.

Section II-2: Inherent rights.
All persons have the inherent right to life, liberty, the
pursuit of happiness, and the enjoyment of the gains of their own
industry.

Section II-3: Right of assembly and petition.
The people have the right peaceably to assemble for their own
good, and to apply to those invested with the powers of
government for redress of grievances by petition, address, or
remonstrance.

Section II-4: Interference with right of suffrage.
No power, civil or military, shall ever interfere to prevent
the free exercise of the right of suffrage by those entitled to
such right.
.
.
.
Section II-22: Liberty of speech and press - Truth as evidence in prosecution for libel.
Every person may freely speak, write, or publish his sentiments
on all subjects, being responsible for the abuse of that right;
and no law shall be passed to restrain or abridge the liberty of
speech or of the press. In all criminal prosecutions for libel,
the truth of the matter alleged to be libelous may be given in
evidence to the jury, and if it shall appear to the jury that the
matter charged as libelous be true, and was written or published
with good motives and for justifiable ends, the party shall be
acquitted.

Section II-23: Private property - Taking or damaging for private use.
No private property shall be taken or damaged for private use,
with or without compensation, unless by consent of the owner,
except for private ways of necessity, or for drains and ditches
across lands of others for agricultural, mining, or sanitary
purposes, in such manner as may be prescribed by law.

Section II-24: Private property - Public use - Character of use a judicial question.
Private property shall not be taken or damaged for public use
without just compensation. Just compensation shall mean the value of
the property taken, and in addition, any injury to any part of the
property not taken. Any special and direct benefits to the part of
the property not taken may be offset only against any injury to the
property not taken. Such compensation shall be ascertained by a board
of commissioners of not less than three freeholders, in such manner as
may be prescribed by law. Provided however, in no case shall the
owner be required to make any payments should the benefits be judged
to exceed damages. The commissioners shall not be appointed by any
judge or court without reasonable notice having been served upon all
parties in interest. The commissioners shall be selected from the
regular jury list of names prepared and made as the Legislature shall
provide. Any party aggrieved shall have the right of appeal, without
bond, and trial by jury in a court of record. Until the compensation
shall be paid to the owner, or into court for the owner, the property
shall not be disturbed, or the proprietary rights of the owner
divested. When possession is taken of property condemned for any
public use, the owner shall be entitled to the immediate receipt of
the compensation awarded, without prejudice to the right of either
party to prosecute further proceedings for the judicial determination
of the sufficiency or insufficiency of such compensation. The fee of
land taken by common carriers for right of way, without the consent of
the owner, shall remain in such owner subject only to the use for
which it is taken. In all cases of condemnation of private property
for public or private use, the determination of the character of the
use shall be a judicial question.

Section II-26: Bearing arms - Carrying weapons.
The right of a citizen to keep and bear arms in defense of his
home, person, or property, or in aid of the civil power, when
thereunto legally summoned, shall never be prohibited; but
nothing herein contained shall prevent the Legislature from
regulating the carrying of weapons.






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