South Carolina Constitution
Opening Passages
INTRODUCTION
PREAMBLE
Article I
Declaration of Rights
Art. I §0 | LEGISLATURE'S NOTE ON ARTICLE I
Art. I §1 | POLITICAL POWER IN PEOPLE
Editor's Notes
Art. I §2 | RELIGIOUS FREEDOM; FREEDOM OF SPEECH; RIGHT OF ASSEMBLY AND PETITION
Editor's Notes
Art. I §3 | PRIVILEGES AND IMMUNITIES; DUE PROCESS; EQUAL PROTECTION OF LAWS
Editor's Notes
Art. I §4 | ATTAINDER; EX POST FACTO LAWS; IMPAIRMENT OF CONTRACTS; TITLES; EFFECT OF CONVICTION
Editor's Notes
Art. I §5 | ELECTIONS, FREE AND OPEN
Editor's Notes
Art. I §6 | RESIDENCE
Editor's Notes
Art. I §7 | SUSPENSION OF LAWS
Editor's Notes
Art. I §8 | SEPARATION OF POWERS
Editor's Notes
Art. I §9 | COURTS; SPEEDY REMEDY
Editor's Notes
Art. I §10 | SEARCHES AND SEIZURES; INVASIONS OF PRIVACY
Editor's Notes
Art. I §11 | PRESENTMENT OR INDICTMENT
Editor's Notes
Art. I §12 | DOUBLE JEOPARDY; SELF INCRIMINATION
Editor's Notes
Art. I §13 | TAKING PRIVATE PROPERTY; ECONOMIC DEVELOPMENT; REMEDY OF BLIGHT
(B) For the limited purpose of the remedy of blight, the General Assembly may provide by law that private property constituting a danger to the safety and health of the community by reason of lack of ventilation, light, and sanitary facilities, dilapidation, deleterious land use, or any combination of these factors 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.
Editor's Notes
Art. I §14 | TRIAL BY JURY; WITNESSES; DEFENSE
Editor's Notes
Art. I §15 | RIGHT OF BAIL; EXCESSIVE BAIL; CRUEL OR UNUSUAL OR CORPORAL PUNISHMENT; DETENTION OF WITNESSES
Art. I §16 | LIBEL
Editor's Notes
Art. I §17 | TREASON
Editor's Notes
Art. I §18 | SUSPENSION OF HABEAS CORPUS
Editor's Notes
Art. I §19 | IMPRISONMENT FOR DEBT
Editor's Notes
Art. I §20 | RIGHT TO KEEP AND BEAR ARMS; ARMIES; MILITARY POWER SUBORDINATE TO CIVIL AUTHORITY; HOW SOLDIERS QUARTERED
Editor's Notes
Art. I §21 | MARTIAL LAW
Editor's Notes
Art. I §22 | PROCEDURE BEFORE ADMINISTRATIVE AGENCIES; JUDICIAL REVIEW
Art. I §23 | PROVISIONS OF CONSTITUTION MANDATORY
Editor's Notes
Art. I §24 | VICTIMS’ BILL OF RIGHTS
(2) be reasonably informed when the accused or convicted person is arrested, released from custody, or has escaped;
(3) be informed of and present at any criminal proceedings which are dispositive of the charges where the defendant has the right to be present;
(4) be reasonably informed of and be allowed to submit either a written or oral statement at all hearings affecting bond or bail;
(5) be heard at any proceeding involving a post arrest release decision, a plea, or sentencing;
(6) be reasonably protected from the accused or persons acting on his behalf throughout the criminal justice process;
(7) confer with the prosecution, after the crime against the victim has been charged, before the trial or before any disposition and informed of the disposition;
(8) have reasonable access after the conclusion of the criminal investigation to all documents relating to the crime against the victim before trial;
(9) receive prompt and full restitution from the person or persons convicted of the criminal conduct that caused the victim’s loss or injury, including both adult and juvenile offenders;
(10) be informed of any proceeding when any post conviction action is being considered, and be present at any post conviction hearing involving a post conviction release decision;
(11) a reasonable disposition and prompt and final conclusion of the case;
(12) have all rules governing criminal procedure and the admissibility of evidence in all criminal proceedings protect victims’ rights and have these rules subject to amendment or repeal by the legislature to ensure protection of these rights.
(C) For purposes of this section:
(2) “Victim” means a person who suffers direct or threatened physical, psychological, or financial harm as the result of the commission or attempted commission of a crime against him. The term “victim” also includes the person’s spouse, parent, child, or lawful representative of a crime victim who is deceased, who is a minor or who is incompetent or who was a homicide victim or who is physically or psychologically incapacitated.
(3) The General Assembly has the authority to enact substantive and procedural laws to define, implement, preserve, and protect the rights guaranteed to victims by this section, including the authority to extend any of these rights to juvenile proceedings.
(4) The enumeration in the Constitution of certain rights for victims shall not be construed to deny or disparage others granted by the General Assembly or retained by victims.
Art. I §25 | HUNTING AND FISHING
Editor's Notes
Article II
Right of Suffrage
Art. II §0 | LEGISLATURE'S NOTE ON ARTICLE II
Art. II §1 | ELECTIONS TO BE BY SECRET BALLOT; PROTECTION OF RIGHT OF SUFFRAGE
Editor's Notes
Art. II §2 | FREE EXERCISE OF RIGHT OF SUFFRAGE
Editor's Notes
Art. II §3 | ELECTORS
Editor's Notes
Art. II §4 | VOTER QUALIFICATIONS
Editor's Notes
“SECTION 3. The General Assembly is aware that pursuant to Joint Resolution 470 of 1996 and Joint Resolution 472 of 1996 differing amendments to Section 4, Article II of the Constitution were submitted to the qualified electors at the general election of 1996 and a favorable vote was received on both. The General Assembly in the ratification process under Section 1, Article XVI of the Constitution has, therefore, determined to ratify the provisions of Section 4, Article II as submitted to and approved by the qualified electors pursuant to Joint Resolution 470 of 1996 and to ratify all amendments to the Constitution submitted to and approved by the qualified electors pursuant to Joint Resolution 472 of 1996 except for the amendment therein to Section 4, Article II.”2024 Act No. 227, Section Section 1 and 2, provide as follows:
“SECTION 1. It is proposed that Section 4, Article II of the Constitution of this State be amended to read:“Section 4. Only a citizen of the United States and of this State of the age of eighteen and upwards who is properly registered is entitled to vote as provided by law.
“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:“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’.”
Art. II §5 | QUALIFICATIONS OF MUNICIPAL ELECTORS
Editor's Notes
Art. II §6 | GENERAL ASSEMBLY MAY REQUIRE DEMONSTRATION OF LITERACY
Art. II §7 | DISQUALIFICATIONS BY REASON OF MENTAL INCOMPETENCE OR CONVICTION OF CRIME
Editor's Notes
Art. II §8 | REGISTRATION OF VOTERS
Editor's Notes
Art. II §9 | APPEAL BY PERSON DENIED REGISTRATION
Editor's Notes
Art. II §10 | NOMINATIONS; CONDUCT OF ELECTIONS; CONTESTS
Art. II §11 | ELECTORS PRIVILEGED FROM ARREST
Editor's Notes
Art. II §12 | SECRET BALLOT; EMPLOYEE REPRESENTATION BY LABOR ORGANIZATION
Editor's Notes
Article III
Legislative Department
Art. III §1 | LEGISLATIVE POWER VESTED IN TWO BRANCHES
Editor's Notes
Art. III §1A | MEETING OF GENERAL ASSEMBLY
Editor's Notes
Art. III §2 | HOUSE OF REPRESENTATIVES
Editor's Notes
Art. III §3 | NUMBER OF MEMBERS; ENUMERATION OF INHABITANTS
Aiken, 3;
Anderson, 5;
Barnwell, 5;
Beaufort, 4;
Berkeley, 4;
Charleston, 9;
Chester, 3;
Chesterfield, 2;
Clarendon, 3;
Colleton, 4;
Darlington, 3;
Edgefield, 3;
Fairfield, 3;
Florence, 3;
Georgetown, 2;
Greenville, 5;
Hampton, 2;
Horry, 2;
Kershaw, 2;
Lancaster, 2;
Laurens, 3;
Lexington, 2;
Marion, 3;
Marlboro, 3;
Newberry, 3;
Oconee, 2;
Orangeburg, 5;
Pickens, 2;
Richland, 4;
Saluda, 2;
Spartanburg, 6;
Sumter, 5;
Union, 3;
Williamsburg, 3;
York, 4;
Editor's Notes
Art. III §4 | ASSIGNMENT OF REPRESENTATIVES
Editor's Notes
Art. III §5 | WHEN APPORTIONMENT TAKES EFFECT
Editor's Notes
Art. III §6 | SENATE
Editor's Notes
For similar provisions in Constitution of 1868, see former Art II, Section 8.
Art. III §7 | QUALIFICATIONS OF MEMBERS OF SENATE AND HOUSE OF REPRESENTATIVES
Editor's Notes
Art. III §8 | ELECTION OF REPRESENTATIVES
Editor's Notes
Art. III §9 | SESSIONS OF GENERAL ASSEMBLY
Editor's Notes
“Neither house, during the session 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.”For similar provisions in Constitution of 1868, see Const 1868, Art II, Section 12.
Art. III §10 | TERMS OF OFFICE
Editor's Notes
Art. III §11 | ELECTION RETURNS; QUORUM; ABSENT MEMBERS
Editor's Notes
Art. III §12 | OFFICERS; RULES; PUNISHMENT AND EXPULSION OF MEMBERS
Editor's Notes
Art. III §13 | PUNISHMENT OF PERSONS NOT MEMBERS
Editor's Notes
Art. III §14 | MEMBERS IN ATTENDANCE PROTECTED
Editor's Notes
Art. III §15 | BILLS FOR REVENUE; OTHER BILLS
Editor's Notes
Art. III §16 | STYLE OF LAWS
“Be it enacted by the General Assembly of the State of South Carolina.”
Editor's Notes
Art. III §17 | ONE SUBJECT
Editor's Notes
“The General Assembly finds that the sections presented in this act constitute one subject as required by Article III, Section 17 of the South Carolina Constitution, in particular finding that each change and each topic relates directly to or in conjunction with other sections to the subject of tort and other civil action reform as clearly enumerated in the title.2005 Act No. 32, [relating to noneconomic damage awards] Section 1, provides as follows:
“The General Assembly further finds that a common purpose or relationship exists among the sections, representing a potential plurality but not disunity of topics, notwithstanding that reasonable minds might differ in identifying more than one topic contained in the act.”
“The General Assembly finds that the sections presented in this act constitute one subject as required by Article III, Section 17 of the South Carolina Constitution, in particular finding that each change and each topic relates directly to or in conjunction with other sections to the subject of tort and other civil action reform as clearly enumerated in the title.
“The General Assembly further finds that a common purpose or relationship exists among the sections, representing a potential plurality but not disunity of topics, notwithstanding that reasonable minds might differ in identifying more than one topic contained in the act.”
Art. III §18 | FORMALITIES OF ACT
Editor's Notes
“Whenever a bill or resolution is introduced in the General Assembly requiring the expenditure of funds by a county, municipality, special purpose district, or school district, the principal author shall affix thereto a statement of estimated fiscal impact and cost of the proposed legislation. Prior to reporting the bill out of committee, if the amount is substantially different from the original estimate, the committee chairman shall cause a revised statement of the estimated fiscal impact of the bill to be attached to the bill. As used in this section, ‘statement of estimated fiscal impact’ means the opinion of the person executing the statement as to the dollar cost to the county, municipality, special purpose district, or school district for the first year and the annual cost thereafter.”
Art. III §19 | MILEAGE; INCREASE OF PER DIEM; COMPENSATION DURING EXTRA SESSION
Editor's Notes
Art. III §20 | ELECTIONS "VIVA VOCE"
Editor's Notes
Art. III §21 | DELETED
Editor's Notes
Art. III §22 | JOURNAL; YEAS AND NAYS
Editor's Notes
Art. III §23 | DOORS OPEN
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Art. III §24 | DUAL OFFICE HOLDING
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Art. III §25 | VACANCIES
Editor's Notes
Art. III §26 | OATH OF OFFICE
“I do solemnly swear (or affirm) that I am duly qualified, according to the Constitution of this State, to exercise the duties of the office to which I have been elected, (or appointed), and that I will, to the best of my ability, discharge the duties thereof, and preserve, protect and defend the Constitution of this State and of the United States. So help me God.”
Editor's Notes
Art. III §27 | REMOVAL OF OFFICER
Editor's Notes
Art. III §28 | DEBTOR’S EXEMPTION FROM ATTACHMENT, LEVY, AND SALE
Editor's Notes
[Notes under former section entitled “Homestead; married woman’s exemption; taxes; purchase money; waiver; husband and wife; exemption for unmarried person.”]
Art. III §29 | DETERMINING PERSONAL AND REAL PROPERTY TAXES
Editor's Notes
Art. III §30 | EXTRA COMPENSATION NOT PERMITTED; APPROPRIATIONS FOR REPELLING INVASION
Art. III §31 | PUBLIC LANDS
Art. III §32 | DELETED
Editor's Notes
Art. III §33 | RESERVED BY 2010 ACT NO 208, SECTION 1, EFF JUNE 2, 2010
Editor's Notes
“The amendment to Section 33, Article III of the Constitution of South Carolina, 1895, prepared under the terms of Joint Resolution 118 of 2007, having been submitted to the qualified electors at the General Election of 2008 as prescribed in Section 1, Article XVI of the Constitution of South Carolina, 1895, and a favorable vote having been received on the amendment, is ratified and declared to be a part of the Constitution so that Section 33, Article III is amended to read: ‘Section 33 (Reserved)’”
Art. III §34 | SPECIAL LAWS PROHIBITED
II. To incorporate cities, towns or villages, or change, amend or extend charter thereof.
III. To incorporate educational, religious, charitable, social, manufacturing or banking institutions not under the control of the State, or amend or extend the charters thereof.
IV. To incorporate school districts.
V. To authorize the adoption or legitimation of children.
VI. To provide for the protection of game.
VII. To summon and empanel grand or petit jurors; provided, that tales boxes may be eliminated by special act in York County.
VIII. Eliminated. (1920 (31) 1700; 1921 (32) 191; 1934 (38) 1623; 1935 (39) 27.)
IX. In all other cases, where a general law can be made applicable, no special law shall be enacted: Provided, That the General Assembly may enact local or special laws fixing the amount and manner of compensation to be paid to the County Officers of the several counties of the State, and may provide that the fees collected by any such officer, or officers, shall be paid into the treasury of the respective counties.
X. The General Assembly shall forthwith enact general laws concerning said subjects for said purposes, which shall be uniform in their operations: Provided, That nothing contained in this section shall prohibit the General Assembly from enacting special provisions in general laws.
XI. The provisions of this Section shall not apply to charitable and educational corporations where, under the terms of a gift, devise or will, special incorporation may be required.
Provided, further, that the General Assembly is empowered to divide the State into as many districts as may appear practicable, and to enact legislation as may appear proper for the protection of forestry in the several districts.
Provided, there is hereby created a civil service commission in the City of Spartanburg for the benefit of the police department, including its chief, and fire department, including its chief, under such terms and conditions as prescribed by the General Assembly.
Provided, that the City of Gaffney may establish a civil service commission for the benefit of such municipal employees as may be designated by the Gaffney City Council, under such terms and conditions as prescribed by the General Assembly.
Art. III §35 | LANDS OWNED BY ALIENS
Art. III §36 | GENERAL RESERVE FUND; CAPITAL RESERVE FUND
(2) In the event of a year end operating deficit, so much of the reserve fund as may be necessary must be used to cover the deficit; and the amount must be restored to the reserve fund within five fiscal years out of future revenues until the seven percent, or the applicable percentage amount required to be transferred to the General Reserve Fund, is again reached and maintained. Provided that a minimum of one percent of the general fund revenue of the latest completed fiscal year, if so much is necessary, must be restored to the reserve fund each year following the deficit until the seven percent, or the applicable percentage amount required by general law to be transferred to the General Reserve Fund, is restored.
(2) After March first of a fiscal year, monies from the Capital Reserve Fund may be appropriated by the General Assembly in separate legislation upon an affirmative vote in each branch of the General Assembly by two thirds of the members present and voting, but not less than three fifths of the total membership in each branch for the following purposes:
(b) to retire interest or principal on bonds previously issued;
(c) for capital improvements or other nonrecurring purposes.
(b) At the end of the fiscal year, any monies in the Capital Reserve Fund that are not appropriated as provided in this subsection or any appropriation for a particular project or item which has been reduced due to application of the monies to a year end deficit must lapse and be credited to the general fund.
Editor's Notes
“SECTION 1.A. The amendment to Section 36(A), Article III of the Constitution of South Carolina, 1895, prepared under the terms of Joint Resolution 296 of 2010, having been submitted to the qualified electors at the General Election of 2010 as prescribed in Section 1, Article XVI of the Constitution of South Carolina, 1895, and a favorable vote having been received on the amendment, is ratified and declared to be a part of the Constitution so that Section 36(A), Article III is amended to read: [text of amendment appears]”2023 Act No. 5, Section Section 1.A and 1.B, provide as follows:
“SECTION 1.B. The amendment to Section 36(B), Article III of the Constitution of South Carolina, 1895, prepared under the terms of Joint Resolution 296 of 2010, having been submitted to the qualified electors at the General Election of 2010 as prescribed in Section 1, Article XVI of the Constitution of South Carolina, 1895, and a favorable vote having been received on the amendment, is ratified and declared to be a part of the Constitution so that Section 36(B), Article III is amended to read: [text of amendment appears]”
“SECTION 1.A. The amendment to Section 36(A), Article III of the Constitution of South Carolina, 1895, prepared under the terms of Joint Resolution 1106 of 2022, having been submitted to the qualified electors at the General Election of 2022 as prescribed in Section 1, Article XVI of the Constitution of South Carolina, 1895, and a favorable vote having been received on the amendment, is ratified and declared to be a part of the Constitution so that Section 36(A), Article III is amended to read:[text of amendment appears]”
“[SECTION 1.]B. The amendment to Section 36(B), Article III of the Constitution of South Carolina, 1895, prepared under the terms of Joint Resolution 1106 of 2022, having been submitted to the qualified electors at the General Election of 2022 as prescribed in Section 1, Article XVI of the Constitution of South Carolina, 1895, and a favorable vote having been received on the amendment, is ratified and declared to be a part of the Constitution so that Section 36(B), Article III is amended to read: [text of amendment appears]”
Effect of Amendment
The 2012 amendment rewrote the section. 2023 Act No. 5, Section 1.A, in (A), substituted “seven percent” for “five percent” in five places, in the second sentence, substituted “five percent” for “three percent”, and made a nonsubstantive change.2023 Act No. 5, Section 1.B, rewrote (B).
Art. III §37 | ELECTION OF PRESIDENT TO PRESIDE OVER SENATE
Editor's Notes
“B. The amendment to Article III of the Constitution of South Carolina, 1895, prepared under the terms of Joint Resolution 289 of 2012, having been submitted to the qualified electors at the General Election of 2012 as prescribed in Section 1, Article XVI of the Constitution of South Carolina, 1895, and a favorable vote having been received on the amendment, is ratified and declared to be a part of the Constitution so that Section 37 as added to Article III reads: [text of section].”
Article IV
Executive Department
Art. IV §0 | LEGISLATURE'S NOTE ON ARTICLE IV
Art. IV §1 | CHIEF MAGISTRATE
Editor's Notes
Art. IV §2 | QUALIFICATIONS OF GOVERNOR
Editor's Notes
Art. IV §3 | ELECTION OF GOVERNOR; GOVERNOR MAY NOT SERVE MORE THAN TWO SUCCESSIVE TERMS
Editor's Notes
Art. IV §4 | TERM OF GOVERNOR
Editor's Notes
Art. IV §5 | PERSON HAVING HIGHEST NUMBER OF VOTES TO BE GOVERNOR; TIE VOTE
Editor's Notes
Art. IV §6 | SUCCESSION WHEN GOVERNOR ELECT DIES, DECLINES TO SERVE, OR FAILS TO TAKE OATH
Art. IV §7 | SUCCESSION WHEN NEITHER GOVERNOR ELECT NOR LIEUTENANT GOVERNOR ELECT QUALIFIES OR IS ABLE TO SERVE
Art. IV §8 | ELECTION, QUALIFICATIONS, AND TERM OF LIEUTENANT GOVERNOR
(B) Beginning with the General Election of 2018, a person seeking the office of Governor in any manner that a person’s name may appear on the ballot as a candidate for that office, and before that person’s name is certified to appear on the ballot for the general election, shall select a qualified elector to serve as Lieutenant Governor.
(C) All candidates for the offices of Governor and Lieutenant Governor must be elected jointly in a manner prescribed by law so that each voter casts a single vote to elect a candidate for the office of Governor and Lieutenant Governor.
(D) The General Assembly shall provide by law the manner in which a candidate for Lieutenant Governor is selected.
Editor's Notes
2014 Act No. 214, Section 1.A, provides as follows:
“SECTION 1.A. The amendment to Article IV of the Constitution of South Carolina, 1895, prepared under the terms of Joint Resolution 289 of 2012, having been submitted to the qualified electors at the General Election of 2012 as prescribed in Section 1, Article XVI of the Constitution of South Carolina, 1895, and a favorable vote having been received on the amendment, is ratified and declared to be a part of the Constitution so that Section 8 of Article IV is amended to read: [text of section].”
Effect of Amendment
2014 Act No. 214, Section 1.A, added subsection designator (A); in subsection (A), substituted “must be chosen” for “shall be chosen”; and added subsections (B), (C), and (D).
Art. IV §9 | RESERVED BY 2014 ACT NO 214, SECTION 1C, EFF NOVEMBER 6, 2018
Editor's Notes
2014 Act No. 214, Section 1.C, provides as follows:
“C. The amendment to Article IV of the Constitution of South Carolina, 1895, prepared under the terms of Joint Resolution 289 of 2012, having been submitted to the qualified electors at the General Election of 2012 as prescribed in Section 1, Article XVI of the Constitution of South Carolina, 1895, and a favorable vote having been received on the amendment, is ratified and declared to be a part of the Constitution so that Section 9, Article IV is amended to read: [reserved section].”
Art. IV §10 | RESERVED BY 2014 ACT NO 214, SECTION 1D, NOVEMBER 6, 2018
Editor's Notes
2014 Act No. 214, Section 1.D, provides as follows:
“D. The amendment to Article IV of the Constitution of South Carolina, 1895, prepared under the terms of Joint Resolution 289 of 2012, having been submitted to the qualified electors at the General Election of 2012 as prescribed in Section 1, Article XVI of the Constitution of South Carolina, 1895, and a favorable vote having been received on the amendment, is ratified and declared to be a part of the Constitution so that Section 10, Article IV is amended to read: [reserved section]”
Art. IV §11 | DEATH, RESIGNATION, REMOVAL OF GOVERNOR, LIEUTENANT GOVERNOR
Editor's Notes
2014 Act No. 214, Section 1.E, provides as follows:
“E. The amendment to Article IV of the Constitution of South Carolina, 1895, prepared under the terms of Joint Resolution 289 of 2012, having been submitted to the qualified electors at the General Election of 2012 as prescribed in Section 1, Article XVI of the Constitution of South Carolina, 1895, and a favorable vote having been received on the amendment, is ratified and declared to be a part of the Constitution so that Section 11, Article IV is amended to read: [text of section].”
Effect of Amendment
2014 Act No. 214, Section 1.E, added the last sentence, relating to removal of the Lieutenant Governor.Art. IV §12 | DISABILITY OF GOVERNOR
(2) Whenever a majority of the Attorney General, the Secretary of State, the Comptroller General, and the State Treasurer, or of such other body as the General Assembly may provide, transmits to the President of the Senate and the Speaker of the House of Representatives a written declaration that the Governor is unable to discharge the powers and duties of his office, the Lieutenant Governor shall forthwith assume the powers and duties of the office as acting Governor.
Thereafter, if the Governor transmits to the President of the Senate and the Speaker of the House of Representatives his written declaration that no such inability exists, he shall forthwith resume the powers and duties of his office unless a majority of the above members or of such other body, whichever the case may be, transmits within four days to the President of the Senate and the Speaker of the House of Representatives their written declaration that the Governor is unable to discharge the powers and duties of his office. Thereupon, the General Assembly shall forthwith consider and decide the issue, and if not in session, it shall assemble within forty eight hours for the sole purpose of deciding such issue. If the General Assembly, within twenty one days, excluding Sundays, after the first day it meets to decide the issue, determines by two thirds vote of each House that the Governor is unable to discharge the powers and duties of his office, the Lieutenant Governor shall continue to discharge the same as acting Governor; otherwise, the Governor shall resume the powers and duties of his office.
Editor's Notes
“F. The amendment to Article IV of the Constitution of South Carolina, 1895, prepared under the terms of Joint Resolution 289 of 2012, having been submitted to the qualified electors at the General Election of 2012 as prescribed in Section 1, Article XVI of the Constitution of South Carolina, 1895, and a favorable vote having been received on the amendment, is ratified and declared to be a part of the Constitution so that Section 12, Article IV is amended to read: [text of section].”
Effect of Amendment
2014 Act No. 214, Section 1.F, substituted “President of the Senate” for “President Pro Tempore of the Senate” throughout; in subsection (2), added a comma after “Comptroller General”; and in the last paragraph, added a comma following “that no such inability exists” and “if not in session”.Art. IV §13 | COMMANDER IN CHIEF
Editor's Notes
Art. IV §14 | POWERS OF GOVERNOR AS TO CLEMENCY
Editor's Notes
Art. IV §15 | FAITHFUL EXECUTION OF LAWS
Editor's Notes
Art. IV §16 | COMPENSATION OF GOVERNOR AND LIEUTENANT GOVERNOR
Editor's Notes
Art. IV §17 | DUTY OF STATE OFFICERS TO GIVE INFORMATION TO GOVERNOR
Editor's Notes
Art. IV §18 | DUTY OF GOVERNOR TO GIVE INFORMATION TO GENERAL ASSEMBLY
Editor's Notes
Art. IV §19 | EXTRA SESSIONS; GOVERNOR MAY ADJOURN GENERAL ASSEMBLY
Editor's Notes
Art. IV §20 | RESIDENCE OF GOVERNOR
Editor's Notes
Art. IV §21 | BILL OR JOINT RESOLUTION MUST BE SIGNED OR VETOED BY GOVERNOR
Bills appropriating money out of the Treasury shall specify the objects and purposes for which the same are made, and appropriate to them respectively their several amounts in distinct items and sections. If the Governor shall not approve any one or more of the items or sections contained in any bill appropriating money, but shall approve of the residue thereof, it shall become a law as to the residue in like manner as if he had signed it. The Governor shall then return the bill with his objections to the items or sections of the same not approved by him to the house in which the bill originated, which house shall enter the objections at large upon its Journal and proceed to reconsider so much of the bill as is not approved by the Governor. The same proceedings shall be had in both houses in reconsidering the same as is provided in case of an entire bill returned by the Governor with his objections; and if any item or section of the bill not approved by the Governor shall be passed by two thirds of each house of the General Assembly, it shall become a part of the law notwithstanding the objections of the Governor.
If a bill or joint resolution shall not be returned by the Governor within five days after it shall have been presented to him, Sundays excepted, it shall have the same force and effect as if he had signed it, unless the General Assembly, by adjournment, prevents return, in which case it shall have such force and effect unless returned within two days after the next meeting.
Editor's Notes
Article V
The Judicial Department
Art. V §0 | LEGISLATURE'S NOTE ON ARTICLE V
Art. V §1 | JUDICIAL POWER VESTED IN CERTAIN COURTS
Editor's Notes
Art. V §2 | SUPREME COURT
Editor's Notes
Art. V §3 | ELECTION OF MEMBERS OF SUPREME COURT
Editor's Notes
Art. V §4 | POWERS OF CHIEF JUSTICE; RULES; ADMISSION TO PRACTICE OF LAW AND DISCIPLINE OF PERSONS ADMITTED
Art. V §4A | SUBMISSION OF SUPREME COURT RULES TO JUDICIARY COMMITTEES; DISAPPROVAL BY GENERAL ASSEMBLY
Art. V §5 | JURISDICTION OF SUPREME COURT
Editor's Notes
Art. V §6 | REPORTER AND CLERK OF SUPREME COURT
Editor's Notes
Art. V §7 | COMPOSITION AND ORGANIZATION OF COURT OF APPEALS; TERMS OF COURT OF APPEALS
Editor's Notes
Art. V §8 | ELECTION OF MEMBERS OF COURT OF APPEALS
Editor's Notes
Art. V §9 | JURISDICTION OF COURT OF APPEALS; BINDING EFFECT OF SUPREME COURT DECISIONS
Editor's Notes
Art. V §10 | APPOINTMENT OF CLERK OF COURT OF APPEALS
Editor's Notes
Art. V §11 | JURISDICTION OF CIRCUIT COURT
Editor's Notes
Art. V §12 | JURISDICTION IN MATTERS TESTAMENTARY AND OF ADMINISTRATION, MINORS AND PERSONS MENTALLY INCOMPETENT
Editor's Notes
Art. V §13 | JUDICIAL CIRCUITS
The General Assembly may by law provide for additional circuit judges, to be assigned by the Chief Justice. Such additional circuit judges shall be elected in the same manner and for the same term as provided in the preceding paragraph of this section for other circuit judges, except that residence in a particular county or circuit shall not be a qualification for office.
Editor's Notes
Art. V §14 | ROTATION OF JUDGES
Editor's Notes
Art. V §15 | QUALIFICATIONS OF JUSTICES AND JUDGES
Any justice or judge serving in office on the effective date of the provisions of this section requiring a justice or judge to be at least thirty two years of age and to have at least eight years of service as a licensed attorney at law who is not of that age or who has not been licensed for this required period of time may continue to serve for the remainder of his current term and is considered to have the requisite age and years of service as a licensed attorney for purposes of future re elections to that judicial office.
Editor's Notes
Art. V §16 | COMPENSATION OF JUSTICES AND JUDGES; PRACTICE OF LAW AND DUAL OFFICE HOLDING
Editor's Notes
Art. V §17 | REMOVAL OR RETIREMENT OF JUDGES
Editor's Notes
Art. V §18 | VACANCIES
Editor's Notes
Art. V §19 | DISQUALIFICATION OF JUSTICES AND JUDGES; TEMPORARY APPOINTMENTS
Editor's Notes
Art. V §20 | POWERS OF JUSTICES AND JUDGES AT CHAMBERS
Editor's Notes
Art. V §21 | CHARGE TO JURY
Editor's Notes
Art. V §22 | GRAND AND PETIT JURIES
Editor's Notes
Art. V §23 | CHANGE OF VENUE
Editor's Notes
Art. V §24 | LAW ENFORCEMENT OFFICIALS, PROSECUTORS AND ADMINISTRATIVE OFFICERS; ATTORNEY GENERAL
The General Assembly also may provide by law for the age and qualifications of sheriffs and coroners, and the selection, duties, and compensation of other appropriate officials to enforce the criminal laws of the State, to prosecute persons under these laws, and to carry on the administrative functions of the courts of the State.
The Attorney General shall be the chief prosecuting officer of the State with authority to supervise the prosecution of all criminal cases in courts of record.
Art. V §25 | PUBLICATION OF SUPREME COURT AND COURT OF APPEALS DECISIONS
Art. V §26 | MAGISTRATES
Art. V §27 | JUDICIAL MERIT SELECTION COMMISSION
No person may be elected to these judicial positions unless he or she has been found qualified by the commission. Before a sitting member of the General Assembly may submit an application with the commission for his nomination to a judicial office, and before the commission may accept or consider such an application, the member of the General Assembly must first resign his office and have been out of office for a period established by law. Before a member of the commission may submit an application with the commission for his nomination to a judicial office, and before the commission may accept or consider such an application, the member of the commission must not have been a member of the commission for a period to be established by law.
Article VI
Officers
Art. VI §0 | LEGISLATURE'S NOTE ON ARTICLE VI
Art. VI §1 | ELIGIBILITY FOR OFFICE; TERMS
Editor's Notes
“SECTION 3. The General Assembly is aware that pursuant to Joint Resolution 470 of 1996 and Joint Resolution 472 of 1996 differing amendments to Section 4, Article II of the Constitution were submitted to the qualified electors at the general election of 1996 and a favorable vote was received on both. The General Assembly in the ratification process under Section 1, Article XVI of the Constitution has, therefore, determined to ratify the provisions of Section 4, Article II as submitted to and approved by the qualified electors pursuant to Joint Resolution 470 of 1996 and to ratify all amendments to the Constitution submitted to and approved by the qualified electors pursuant to Joint Resolution 472 of 1996 except for the amendment therein to Section 4, Article II.”
Art. VI §2 | PERSON DENYING EXISTENCE OF SUPREME BEING NOT TO HOLD OFFICE
Editor's Notes
Art. VI §3 | DUAL OFFICE HOLDING
Editor's Notes
Art. VI §4 | OFFICERS TO TAKE AND SUBSCRIBE OATH
Editor's Notes
Art. VI §5 | FORM OF OATH
“I do solemnly swear (or affirm) that I am duly qualified, according to the Constitution of this State, to exercise the duties of the office to which I have been elected, (or appointed), and that I will, to the best of my ability, discharge the duties thereof, and preserve, protect, and defend the Constitution of this State and of the United States. So help me God.”
Editor's Notes
Art. VI §6 | COMMISSIONS; GREAT SEAL
Editor's Notes
Art. VI §7 | ELECTIVE OFFICES; TERMS; DUTIES; COMPENSATION; APPOINTMENT OF ADJUTANT GENERAL
Editor's Notes
2015 Act No. 1, Section 1.A, provides in part as follows:
“SECTION 1.A. The amendment to Section 7, Article VI of the Constitution of South Carolina, 1895, prepared under the terms of Joint Resolution 297 of 2014, having been submitted to the qualified electors at the General Election of 2014 as prescribed in Section 1, Article XVI of the Constitution of South Carolina, 1895, and a favorable vote having been received on the amendment, is ratified and declared to be a part of the Constitution so that Section 7, Article VI of the Constitution of this State be amended by adding the following new paragraph at the end: [text of amendment follows].”
Effect of Amendment
2015 Act No. 1, Section 1.A, added the second paragraph.Art. VI §8 | SUSPENSION AND PROSECUTION OF OFFICERS ACCUSED OF CRIME
Any officer of the State or its political subdivisions, except members and officers of the Legislative and Judicial Branches, who has been indicted by a grand jury for a crime involving moral turpitude or who has waived such indictment if permitted by law may be suspended by the Governor until he shall have been acquitted. In case of conviction the office shall be declared vacant and the vacancy filled as may be provided by law.
Editor's Notes
Art. VI §9 | REMOVAL OF OFFICERS
Editor's Notes
Article VII
Counties and County Government
Art. VII §1 | FORMATION OF NEW COUNTIES; COUNTY SEATS AND NAMES
Art. VII §2 | SECTION OF OLD COUNTY TO BE CUT OFF
Art. VII §3 | INHABITANTS; TAXABLE PROPERTY; AREA OF NEW COUNTY
Art. VII §4 | AREA, TAXABLE PROPERTY, AND INHABITANTS OF OLD COUNTY
Art. VII §5 | EIGHT MILE LIMIT
Art. VII §6 | INDEBTEDNESS
Art. VII §7 | ALTERATION OF COUNTY LINES
Art. VII §8 | REMOVAL OF COUNTY SEAT
Editor's Notes
Art. VII §9 | ELECTION DISTRICT; BODY CORPORATE
Art. VII §10 | CONSOLIDATION OF TWO OR MORE COUNTIES
Editor's Notes
Art. VII §11 | TOWNSHIPS; BODY CORPORATE; TOWNSHIP AND COUNTY GOVERNMENT
Art. VII §12 | BOUNDARIES OF COUNTIES; BOUNDARIES OF SALUDA AND EDGEFIELD
Editor's Notes
Art. VII §13 | JUDICIAL AND CONGRESSIONAL DISTRICTS; VOTING PRECINCTS
Art. VII §14 | COUNTY LINE THROUGH CITY OR TOWN
Art. VII §15 | REGIONAL COUNCILS OF GOVERNMENT
The legislature may authorize participating governments to provide financial support for facilities and services required to implement recommendations of such organizations which are accepted and approved by the governing bodies of the participating political subdivisions. Such organizations shall not have the power to levy taxes. Local funds for the support of such organizations shall consist of contributions from the participating political subdivisions as may be authorized and granted by their respective governing bodies. The prohibitions against dual office holding contained in Section 2 of Article 2 and Section 24 of Article 3 of this Constitution shall not apply to any elected or appointed official or employee of government who serves as a member of a regional council.
Editor's Notes
Article VIII
Local Government
Art. VIII §0 | LEGISLATURE'S NOTE ON ARTICLE VIII
Art. VIII §1 | POWERS OF POLITICAL SUBDIVISIONS CONTINUED
Editor's Notes
“SECTION 1.1992 Act No. 429, Section 2, added Section 6 11 320, authorizing special purpose districts empowered to provide water services to also provide sewage collection and disposal services under certain prescribed circumstances.(A) As of March 7, 1973, the effective date of Article VIII of the South Carolina Constitution, 1895, many special purpose districts existed throughout the State of South Carolina which had been created to provide water service to the residents living within the boundaries of these districts.
“(B) Section 1 of Article VIII of the South Carolina Constitution provides that the powers possessed by all political subdivisions at the effective date of the article continue until changed in a manner provided by law. Some of those districts which are presently providing water service have determined that, in order to protect the health of the residents residing within the districts, it is necessary that sewer service likewise be provided in their respective areas by a governmental entity. Accordingly, the General Assembly has determined that, as permitted by Article VIII of the South Carolina Constitution, a law empowering these districts to provide sewer services would promote the public health of the State of South Carolina.”
Art. VIII §2 | BOUNDARIES OF COUNTIES
Editor's Notes
Art. VIII §3 | NUMBER OF COUNTIES
Art. VIII §4 | MERGER OF COUNTIES
Editor's Notes
Art. VIII §5 | MERGER OF PARTS OF COUNTIES WITH ADJOINING COUNTIES
Editor's Notes
Art. VIII §6 | REMOVAL OF COUNTY SEAT
Editor's Notes
Art. VIII §7 | ORGANIZATION, POWERS, AND DUTIES OF COUNTIES; SPECIAL LAWS PROHIBITED
Art. VIII §8 | INCORPORATION OF NEW MUNICIPALITIES; READJUSTMENT OF MUNICIPAL BOUNDARIES; MERGER OF MUNICIPALITIES; SPECIAL LAWS PROHIBITED
Editor's Notes
Art. VIII §9 | ORGANIZATION, POWERS, AND DUTIES OF MUNICIPALITIES
Art. VIII §10 | LAW OR EXEMPTION FOR A SPECIFIC MUNICIPALITY PROHIBITED
Art. VIII §11 | ADOPTION AND AMENDMENT OF MUNICIPAL CHARTERS
Art. VIII §12 | CONSOLIDATION OF COUNTIES WITH MUNICIPALITIES AND OTHER POLITICAL SUBDIVISIONS
The General Assembly shall provide by law for a referendum on such consolidations and for procedures for the framing of a charter for the new political subdivision. Such referendum shall be held only upon the request of the governing body of the county or upon petition of ten percent of the registered electors within the county.
Such consolidation shall not take place unless approved by a majority of the qualified electors voting on the questions of the consolidation and on the charter therefor in the same election or in successive elections held for these purposes. All municipalities and all other political subdivisions within the county not continued by the approved charter shall cease to exist at the effective date of the consolidation.
Any political subdivision created by such a consolidation shall have the power to frame, to publish, to adopt, and to amend a charter setting forth its governmental structure and organization, powers, duties, functions, and responsibilities. No charter so framed shall contain any provision inconsistent with this Constitution or with general law provisions applicable in all municipalities or counties enacted pursuant to Section 14 of this article.
Such charter or charter amendments shall not become effective until approved by a majority of the qualified electors of such political subdivisions voting on the question.
Art. VIII §13 | JOINT ADMINISTRATION OF FUNCTIONS AND EXERCISE OF POWERS
(B) Nothing in this Constitution may be construed to prohibit the State or any of its counties, incorporated municipalities, or other political subdivisions from agreeing to share the lawful cost, responsibility, and administration of functions with any one or more governments, whether within or without this State.
(C) The prohibitions against dual officeholding contained in Article VI of this Constitution do not apply to any elected or appointed official or employee who serves on a regional council of government created under the authority of this section.
(D) Counties may jointly develop an industrial or business park with other counties within the geographical boundaries of one or more of the member counties. The area comprising the parks and all property having a situs therein is exempt from all ad valorem taxation. The owners or lessees of any property situated in the park shall pay an amount equivalent to the property taxes or other in lieu of payments that would have been due and payable except for the exemption herein provided. The participating counties shall reduce the agreement to develop and share expenses and revenues of the park to a written instrument which is binding on all participating counties. Included within expenses are the costs to provide public services such as sewage, water, fire, and police protection. Notwithstanding the above provisions of this subsection, before a group of member counties may establish an industrial or business park as authorized herein, the General Assembly must first provide by law for the manner in which the value of the property in the park will be considered for purposes of bonded indebtedness of political subdivisions and school districts and for purposes of computing the index of taxpaying ability pursuant to any provision of law which measures the relative fiscal capacity of a school district to support its schools based on the assessed valuation of taxable property in the district as compared to the assessed valuation of the taxable property in all school districts of this State.
Art. VIII §14 | GENERAL LAW PROVISIONS NOT TO BE SET ASIDE
(2) election and suffrage qualifications;
(3) bonded indebtedness of governmental units;
(4) the structure for and the administration of the State’s judicial system;
(5) criminal laws and the penalties and sanctions for the transgression thereof; and
(6) the structure and the administration of any governmental service or function, responsibility for which rests with the State government or which requires statewide uniformity.
Art. VIII §15 | CONSENT OF LOCAL GOVERNING BODY TO CERTAIN LAWS REQUIRED
Editor's Notes
Art. VIII §16 | ACQUISITION AND OPERATION OF PUBLIC UTILITY SYSTEMS
Any county or consolidated political subdivision created under this Constitution may, upon a majority vote of the electors voting on the question in such county or consolidated political subdivision, acquire by initial construction or purchase and may operate water, sewer, transportation or other public utility systems and plants other than gas and electric; provided this provision shall not prohibit the continued operation of gas and electric, water, sewer or other such utility systems of a municipality which becomes a part of a consolidated political subdivision.
Editor's Notes
Art. VIII §17 | CONSTRUCTION OF CONSTITUTION AND LAWS
Art. VIII §18 | ASSIGNMENT AND REGULATION OF TERRITORIES FOR ELECTRICAL AND GAS UTILITIES
Article VIII-A
Alcoholic Liquor and Beverages
Art. VIII-A §0 | LEGISLATURE'S NOTE ON ARTICLE VIII-A
Art. VIII-A §1 | POWERS OF GENERAL ASSEMBLY
Article IX
Corporations
Art. IX §0 | LEGISLATURE'S NOTE ON ARTICLE IX
Art. IX §1 | REGULATION OF COMMON CARRIERS, PUBLICLY OWNED UTILITIES AND PRIVATELY OWNED UTILITIES SERVING THE PUBLIC
Art. IX §2 | FORMATION, ORGANIZATION, AND REGULATION OF CORPORATIONS
Article X
Finance, Taxation and Bonded Debt
Art. X §0 | LEGISLATURE'S NOTE ON ARTICLE X
| Former to New | |
|---|---|
| Section 1 | Section 1 |
| Section 2 | Section 7 |
| Section 3 | Section 5 |
| Section 3A | Section Section 1, 2 |
| Section 3B | Section 5 |
| Section 4 | Section 3 |
| Section 5 | Section Section 1, 6, 14, 15 |
| Section 6 | Section 11 |
| Section 7 | Section 11 |
| Section 8 | _________ |
| Section 9 | Section 8 |
| Section 10 | _________ |
| Section 11 | Section 13 |
| Section 12 | _________ |
| Section 13 | Section 4 |
| Section Section 13A‑22 | Section 6 |
| New to Former | |
|---|---|
| Section 1 | Section 1 |
| Section 2 | Section 3A |
| Section 3 | Section 4 |
| Section 4 | Section 13 |
| Section 5 | Section Section 3, 3B |
| Section 6 | Section Section 5, 13‑A, 14, 14a, 15‑22 |
| Section 7 | Section 2 |
| Section 8 | Section 9 |
| Section 9 | Section 8 |
| Section 10 | _________ |
| Section 11 | Section Section 6, 7 |
| Section 12 | _________ |
| Section 13 | Section 11 |
| Section 14 | Section 5 |
| Section 15 | Section 5 |
| Section 16 | _________ |
Art. X §1 | TAXATION AND ASSESSMENT
(2) All real and personal property owned by or leased to companies primarily engaged in transportation for hire of persons or property and used by the company in the conduct of such business shall be taxed on an assessment equal to nine and one half percent of the fair market value of such property.
(3) The legal residence and not more than five acres contiguous thereto shall be taxed on an assessment equal to four percent of the fair market value of such property.
(4) Agricultural real property which is actually used for such purposes shall be taxed on an assessment equal to:
(ii) have as a shareholder a person (other than an estate) who is not an individual;
(iii) have a nonresident alien as a shareholder; and
(iv) have more than one class of stock.
(6) All inventories of business establishments shall be taxed on an assessment equal to six percent of the fair market value of such property.
(7) All farm machinery and equipment except motor vehicles licensed for use on the highways owned by farmers and used on agricultural lands shall be taxed on an assessment equal to five percent of the fair market value.
(8)
(B)
| Property Tax Year | Percentage |
|---|---|
| year 1 | 9.75 |
| year 2 | 9 |
| year 3 | 8.25 |
| year 4 | 7.5 |
| year 5 | 6.75 |
| year 6 and after | 6 |
Art. X §2 | DEFINING CLASSES OF PROPERTY AND VALUES FOR PROPERTY TAX PURPOSES; TRANSITION TO ASSESSMENT RATIOS; CONTINUANCE OF EXISTING STATUTES PERTAINING TO ASSESSMENT METHODS; CHANGING ASSESSMENT RATIOS
(b) The General Assembly may provide for a gradual transition to any ratio as set out in Section 1 over a period not to exceed seven years.
(c) Statutes pertaining to the methods of assessment of property for ad valorem taxation not in conflict with this article shall continue in force until changed by an act of the General Assembly.
(d) The General Assembly may change the ratios as set forth in Section 1, but only with the approval of at least two thirds of the membership of each house.
Editor's Notes
Art. X §3 | PROPERTY EXEMPT FROM AD VALOREM TAXATION
(b) all property of all schools, colleges and other institutions of learning and all charitable institutions in the nature of hospitals and institutions caring for the infirmed, the handicapped, the aged, children and indigent persons, except where the profits of such institutions are applied to private use;
(c) all property of all public libraries, churches, parsonages and burying grounds;
(d) all property of all charitable trusts and foundations used exclusively for charitable and public purposes;
(e) all household goods and furniture used in the home of the owner of such goods and furniture, but this exemption shall not apply to household goods used in hotels, rooming houses, apartments or other places of business;
(f) all inventories of manufactures, except manufactured articles which have been offered for sale at retail or which have been available for sale at retail;
(g) all new manufacturing establishments located in any of the counties of this State after July 1, 1977, for five years from the time of establishment and all additions to the existing manufacturing establishments located in any of the counties of this State for five years from the time each of these additions is made if the cost of the addition is fifty thousand dollars or more. The additions shall include additional machinery and equipment installed in the plant. The exemptions authorized in this item for manufacturing establishments, and additions to those manufacturing establishments, do not include exemptions from school taxes or municipal taxes but include only county taxes. All manufacturing establishments and all additions to existing manufacturing establishments exempt under existing statutes are allowed their exemptions provided for by statute until the exemptions expire. Municipal governing bodies may by ordinance exempt from municipal ad valorem taxation for not more than five years all new manufacturing establishments located in any of the municipalities of this State after July 1, 1985, and all additions to the existing manufacturing establishments, including additional machinery and equipment, located in any of the municipalities of this State costing fifty thousand dollars or more made after July 1, 1985. Exemptions from municipal taxation granted pursuant to this item may not result in any refund of taxes;
The governing body of a municipality may by ordinance exempt from municipal ad valorem taxation for not more than five years:
(2) all facilities of new enterprises engaged in research and development activities located in the municipality, and additions to such facilities.
(h) all facilities or equipment of industrial plants which are designed for the elimination, mitigation, prevention, treatment, abatement or control of water, air or noise pollution;
(i) a homestead exemption for persons sixty five years of age and older, for persons permanently and totally disabled and for blind persons in the amount of ten thousand dollars of the fair market value of the homestead under conditions prescribed by the General Assembly by general law; provided, that the amount may be increased by the General Assembly by general law, passed by a majority vote of both houses;
(j) intangible personal property.
In addition to the exemptions provided and authorized in this section, subject to statutory authorization, the governing body of a county by ordinance may impose a sales and use tax in order to exempt all or a portion of the value of private passenger motor vehicles, motorcycles, general aviation aircraft, boats, and boat motors from property taxes levied in the county. This exemption, or its subsequent rescission, is allowed only pursuant to a referendum held in the county in the manner that the General Assembly provides by law.
Editor's Notes
See Article III, Section 28 for Notes of Decisions relating to homestead exemption.
Art. X §4 | ONE ASSESSMENT FOR ALL TAXES
Editor's Notes
Art. X §5 | NO TAX WITHOUT CONSENT; TAXES TO BE LEVIED IN PURSUANCE OF LAW
Editor's Notes
Art. X §6 | ESTABLISHMENT OF METHOD OF VALUATION FOR ASSESSMENT OF REAL PROPERTY WITHIN STATE
The General Assembly shall establish, through the enactment of general law, and not through the enactment of local legislation pertaining to a single county or other political subdivision, the method of assessment of real property within the State that shall apply to each political subdivision within the State. Each political subdivision shall value real property by a method in which the value of each parcel of real property, adjusted for improvements and losses, does not increase more than fifteen percent every five years unless, as defined by the General Assembly, an assessable transfer of interest occurs.
Notwithstanding any other provision of law, for the purposes of calculating the limit on bonded indebtedness of political subdivisions and school districts, pursuant to Sections 14 and 15 of Article X, respectively of the Constitution of this State, the assessed values of all taxable property within a political subdivision or school district shall not be lower than the assessed values of tax year 2006.
Whenever there is a merger of governments authorized under Section 12 of Article VIII, tax districts may be created, based upon the services rendered in each district, but tax levies must be uniform in respect to persons and property within each such district.
Editor's Notes
Art. X §7 | LIMITATION ON ANNUAL EXPENDITURES OF STATE GOVERNMENT AND NUMBER OF STATE EMPLOYEES; ANNUAL BUDGETS AND EXPENSES OF POLITICAL SUBDIVISIONS AND SCHOOL DISTRICTS
(b) Each political subdivision of the State as defined in Section 14 of this article and each school district of this State shall prepare and maintain annual budgets which provide for sufficient income to meet its estimated expenses for each year. Whenever it shall happen that the ordinary expenses of a political subdivision for any year shall exceed the income of such political subdivision, the governing body of such political subdivision shall provide for levying a tax in the ensuing year sufficient, with other sources of income, to pay the deficiency of the preceding year together with the estimated expenses for such ensuing year. The General Assembly shall establish procedures to insure that the provisions of this section are enforced.
(c) The General Assembly shall prescribe by law a spending limitation on appropriations for the operation of state government which shall provide that annual increases in such appropriations may not exceed the average growth rate of the economy of the State as measured by a process provided for by the law which prescribes the limitations on appropriations; provided, however, the limitation may be suspended for any one fiscal year by a special vote as provided in this subsection.
During the regular session of the General Assembly in 1990 and during every fifth annual regular session thereafter, the General Assembly shall conduct and complete a review of the law implementing this subsection. During such session, only a vote of two thirds of the members of each branch present and voting shall be required to change the existing limitation on appropriation. Unless that is done, the existing limitations shall remain unchanged.
Upon implementation of the provisions of this subsection by law, such law may not be amended or repealed except by the special vote as provided in this subsection.
The special vote referred to in this subsection means an affirmative vote in each branch of the General Assembly by two thirds of the members present and voting, but not less than three fifths of the total membership in each branch.
(d) The General Assembly shall prescribe by law a limitation on the number of state employees which shall provide that the annual increase in such number may not exceed the average growth rate in the population of the State measured by a process provided for in the law which prescribes that employment limitation; provided, however, the limitation may be suspended for any one fiscal year by a special vote as provided in this subsection.
Upon implementation of the provisions of this subsection by law, such law may not be amended or repealed except by the special vote provided in this subsection.
The special vote referred to in this subsection means an affirmative vote in each branch of the General Assembly by two thirds of the members present and voting, but not less than three fifths of the total membership in each branch.
Editor's Notes
Art. X §8 | PAYMENTS FROM TREASURIES
Editor's Notes
Art. X §9 | STATEMENT OF RECEIPTS AND EXPENDITURES
Editor's Notes
Art. X §10 | CLAIMS AGAINST STATE
Editor's Notes
Art. X §11 | CREDIT OF STATE AND POLITICAL SUBDIVISIONS
Provided, however, the General Assembly may obligate or appropriate state funds in order to participate in federal or federally aided disaster related grant or loan programs for individuals or families, but only to the extent that such state participation is a prerequisite to federal financial assistance.
Provided, however, that endowment funds donated specifically to state supported institutions of higher learning and held by the State Treasurer may be invested and reinvested in equity securities of a corporation within the United States that is registered on a national securities exchange, as provided in the Securities Exchange Act of 1934 or a successor act, or quoted through the National Association of Securities Dealers Automatic Quotations System or similar service. The General Assembly shall implement this paragraph by enacting legislation in which these endowment funds held and invested by the State Treasurer must be invested pursuant to a plan recommended by the State Retirement Systems Investment Panel which must be submitted to and approved by the boards of trustees of the respective colleges and universities.
Notwithstanding any other provision of this section, a municipality, county, special purpose district, or public service district of this State which provides firefighting service and which administers a separate pension plan for its employees performing this service may invest and reinvest the funds in this pension plan in equity securities traded on a national securities exchange as provided in the Securities Exchange Act of 1934 of a successor act, or in equity securities quoted through the National Association of Securities Dealers Automatic Quotations System or similar service.
Editor's Notes
Art. X §12 | COUNTIES NOT TO INCUR BONDED INDEBTEDNESS FOR SPECIAL SERVICES IN CERTAIN AREAS WITHOUT SPECIAL TAX OR CHARGE ON AREA OR PERSONS BENEFITTED
Art. X §13 | BONDED INDEBTEDNESS OF STATE
(b) indebtedness payable only from a revenue producing project or from a special source as provided in subsection (9) hereof.
(3) General obligation debt may not be incurred except for a public purpose and all general obligation debt shall mature not later than thirty years from the time such indebtedness shall be incurred.
(4) In each act authorizing the incurring of general obligation debt the General Assembly shall allocate on an annual basis sufficient tax revenues to provide for the punctual payment of the principal of and interest on such general obligation debt. If at any time any payment due as the principal of or interest on any general obligation debt shall not be paid as and when the same become due and payable, the State Comptroller General shall forthwith levy and the State Treasurer shall collect an ad valorem tax without limit as to rate or amount upon all taxable property in the State sufficient to meet the payment of the principal and interest of such general obligation debt then due.
(5) If general obligation debt be authorized by
(b) by a majority vote of the qualified electors of the State voting in a referendum called by the General Assembly there shall be no conditions or restrictions limiting the incurring of such indebtedness except
(ii) the provisions of subsection (3) hereof.
For the purpose of this subsection, the term “sources of revenue” shall mean so much of the revenues as may be made applicable by the General Assembly for state highway purposes from any and all taxes or licenses imposed upon individuals or vehicles for the privilege of using the public highways of the State.
(b) General obligation bonds for any state institution of higher learning designated by the General Assembly (state institution bonds) may be issued, if such bonds shall be additionally secured by a pledge of the revenues derived from the tuition fees received by the particular institution of higher learning for which such state institution bonds are issued; provided, that the maximum annual debt service on all state institution bonds so additionally secured issued for such state institution thereafter to be outstanding shall not exceed ninety percent of the sums received by such state institution of higher learning from tuition fees for the fiscal year next preceding.
(c) General obligation bonds for any public purpose including those purposes set forth in (a) and (b) may be issued; provided, that the maximum annual debt service on all general obligation bonds of the State thereafter to be outstanding (excluding highway bonds, state institution bonds, tax anticipation notes, and bond anticipation notes) must not exceed five percent of the general revenues of the State for the fiscal year next preceding (excluding revenues which are authorized to be pledged for state highway bonds and state institution bonds).
Upon implementation of the provisions of this item by law, the percentage rate of general revenues may be reduced to four or increased to seven percent by legislative enactment passed by a two thirds vote of the total membership of the Senate and a two thirds vote of the total membership of the House of Representatives.
During the regular session of the General Assembly in 1990 and during every fifth annual regular session thereafter, the General Assembly shall conduct and complete a review of the law implementing this item. Unless during such session that review results in an amendment to or repeal of the law implementing this item, which must be accomplished by legislative enactment passed by a two thirds vote of the total membership of the Senate and a two thirds vote of the total membership of the House of Representatives.
(8) General obligation notes may be issued in anticipation of the proceeds of general obligation bonds which may be lawfully issued (bond anticipation notes) under terms and conditions which the General Assembly may prescribe by law. Such bond anticipation notes shall be secured by a pledge of the proceeds of the bonds in anticipation of which such bond anticipation notes are issued and by a pledge of the full faith, credit and taxing power of the State.
Bond anticipation notes shall be expressed to mature not later than one year following the date of issuance, but if the General Assembly shall so authorize by law, bond anticipation notes may be refunded or renewed.
(9) The General Assembly may authorize the State or any of its agencies, authorities or institutions to incur indebtedness for any public purpose payable solely from a revenue producing project or from a special source, which source does not involve revenues from any tax but may include fees paid for the use of any toll bridge, toll road or tunnel. Such indebtedness may be incurred upon such terms and conditions as the General Assembly may prescribe by law. All indebtedness incurred pursuant to the provisions of this subsection shall contain a statement on the face thereof specifying the sources from which payment is to be made.
Editor's Notes
2013 Act No. 98, Section 5.A., provides as follows:
“SECTION 5.A. The General Assembly finds that:“(1) before a motor vehicle may be licensed and registered by the South Carolina Department of Motor Vehicles for the privilege of using the public highways of this State, that department either collects or confirms the collection of any applicable sales, use, and casual excise taxes due on the vehicle;
“(2) without the required registration and licensing it is unlawful for a motor vehicle to use the public highways of this State; and
“(3) the revenue of the sales, use, and casual excise tax required to be paid before a motor vehicle may be registered and licensed in this State is included within the “sources of revenue” that may be pledged to secure highway bonds pursuant to Section 13(6)(a), Article X of the Constitution of this State.”
Art. X §14 | BONDED INDEBTEDNESS OF POLITICAL SUBDIVISIONS
(2) The political subdivisions of the State shall have the power to incur bonded indebtedness in such manner and upon such terms and conditions as the General Assembly shall prescribe by general law within the limitations set forth in this section and Section 12 of this article.
Such political subdivisions shall have the power to incur indebtedness in the following categories and in no others:
(b) Indebtedness payable only from a revenue producing project or from a special source as provided in subsection (10) of this section.
(4) General obligation debt may be incurred only for a purpose which is a public purpose and which is a corporate purpose of the applicable political subdivision. The power to incur general obligation debt shall include general obligation debt incurred by counties within the limitations prescribed by Section 12 of this article, and general obligation debt incurred by any political subdivision for purposes permitted by Section 13 of Article VIII of this Constitution. All general obligation debt shall mature within forty years from the time such indebtedness shall be incurred.
(5) No general obligation debt shall be incurred by any political subdivision unless prior to the delivery thereof a schedule showing the date and the principal and interest payments to become due thereon shall be filed in the office of the State Treasurer. If at any time any political subdivision shall fail to effect the punctual payment of the principal of or interest on its general obligation debt, then, in such instance, the State Treasurer shall withhold from such political subdivision sufficient moneys from any state appropriation to which such political subdivision may be entitled and apply so much as shall be necessary to the payment of the principal and interest on the indebtedness of the political subdivision then due. Any and all appropriations for political subdivisions of the State shall be subject to the provisions of this subsection.
(6) If general obligation debt be authorized by a majority vote of the qualified electors of the political subdivision voting in a referendum authorized by law, there shall be no conditions or restrictions limiting the incurring of such indebtedness except:
(b) the provisions of subsection (4) hereof; and
(c) such general obligation debt shall be issued within five years of the date of such referendum.
(b) General obligation debt incurred pursuant to and within the limitations prescribed by Section 12 of this article.
(8) General obligation debt may also be incurred in anticipation in the collection of ad valorem taxes or licenses (tax anticipation notes) under such terms and conditions as the General Assembly may prescribe by general law. Such tax anticipation notes shall be secured by a pledge of such taxes or license fees and a pledge of the full faith, credit and taxing power of the political subdivision. All tax anticipation notes shall be expressed to mature not later than ninety days from the date as of which such taxes or license fees may be paid without penalty.
(9) General obligation notes may also be issued in anticipation of the proceeds of general obligation bonds which may be lawfully issued (bond anticipation notes) under such terms and conditions that the General Assembly may prescribe by general law. Such bond anticipation notes shall be secured by a pledge of the proceeds of the bonds in anticipation of which such bond anticipation notes are issued and by a pledge of the full faith, credit and taxing power of the political subdivision.
Bond anticipation notes shall be expressed to mature not later than one year following the date of issuance, but if the General Assembly shall so authorize by law, bond anticipation notes may be refunded or renewed.
(10) Indebtedness payable solely from a revenue producing project or from a special source, which source does not involve revenues from any tax or license, may be issued upon such terms and conditions as the General Assembly may prescribe by general law; provided, that the General Assembly may authorize by general law that indebtedness for the purpose of redevelopment within incorporated municipalities and counties may be incurred, and that the debt service of such indebtedness be provided from the added increments of tax revenues to result from any such project. Any and all indebtedness incurred pursuant to the provisions of this subsection shall contain a statement on the face thereof specifying the sources from which payment is to be made and shall state that the full faith, credit, and taxing powers are not pledged therefor.
Editor's Notes
Art. X §15 | BONDED INDEBTEDNESS OF SCHOOL DISTRICTS
(2) General obligation debt shall mean any indebtedness of the school district which shall be secured in whole or in part by a pledge of its full faith, credit and taxing power.
(3) General obligation debt may be incurred only for a purpose which is a public purpose and which is a corporate purpose of the applicable school district. The power to incur general obligation debt shall include general obligation debt incurred by any school districts for the purposes permitted by Section 13 of Article VIII of this Constitution. All general obligation debt shall mature within thirty years from the time such indebtedness shall be incurred.
(4) No general obligation debt shall be incurred by any school district unless prior to the delivery thereof a schedule showing the date and the principal and interest payments to become due thereon shall be filed in the office of the State Treasurer. If at any time any school district shall fail to effect the punctual payment of the principal and interest of its general obligation debt, the State Treasurer shall withhold from such school district sufficient moneys from any state appropriation to which such school district may be entitled and apply so much as shall be necessary to the payment of the principal and interest on the indebtedness of the school district then due. All appropriations for school districts of the State shall be subject to the provisions of this paragraph.
(5) If the general obligation debt be authorized by a majority vote of the qualified electors of the school district voting in a referendum authorized by law, there shall be no conditions or restrictions limiting the incurring of such indebtedness except:
(b) such general obligation debt shall be issued within five years of the date of such referendum; and
(c) the provisions of subsection (3) hereof.
In computing the eight percent debt limitation imposed by the provisions of this subsection, bonded indebtedness existing on the date of the fifth anniversary of the ratification of this article in 1977 and bonded indebtedness incurred under the provisions of subsection (5) of this section shall not be considered in the computation of the eight percent limitation.
(7) General obligation debt may also be incurred in anticipation of the collection of ad valorem taxes (tax anticipation notes) under such terms and conditions as the General Assembly may prescribe by law. Such tax anticipation notes shall be secured by a pledge of such taxes and a pledge of the full faith, credit and taxing power of the school district. All tax anticipation notes shall be expressed to mature not later than ninety days from the date as of which such taxes may be paid without penalty.
(8) General obligation notes may be issued in anticipation of the proceeds of general obligation bonds which may lawfully be issued (bond anticipation notes) under such terms and conditions that the General Assembly may prescribe by law. Such bond anticipation notes shall be secured by a pledge of the proceeds of the bonds in anticipation of which such bond anticipation notes are issued and by a pledge of the full faith, credit and taxing power of the school district.
Bond anticipation notes shall be expressed to mature not later than one year following the date of issuance, but if the General Assembly shall so authorize by law, bond anticipation notes may be refunded or renewed.
Editor's Notes
Art. X §16 | REGULATION OF BENEFITS, FUNDING AND MEMBERSHIP CONTRIBUTIONS OF STATE OPERATED RETIREMENT SYSTEMS; INVESTMENT OF FUNDS
The General Assembly shall annually appropriate funds and prescribe member contributions for any state operated retirement system which will insure the availability of funds to meet all normal and accrued liability of the system on a sound actuarial basis as determined by the governing body of the system.
Assets and funds established, created and accruing for the purpose of paying obligations to members of the several retirement systems of the State and political subdivisions shall not be diverted or used for any other purpose.
Notwithstanding the provisions of Section 11 of this article, the funds of the various state operated retirement systems may be invested and reinvested in equity securities.
Article XI
Public Education
Art. XI §0 | LEGISLATURE'S NOTE ON ARTICLE XI
Art. XI §1 | STATE BOARD OF EDUCATION
Editor's Notes
Art. XI §2 | STATE SUPERINTENDENT OF EDUCATION
Editor's Notes
Art. XI §3 | SYSTEM OF FREE PUBLIC SCHOOLS AND OTHER PUBLIC INSTITUTIONS OF LEARNING
Art. XI §4 | DIRECT AID TO RELIGIOUS OR OTHER PRIVATE EDUCATIONAL INSTITUTIONS PROHIBITED
Editor's Notes
Article XII
Functions of Government
Art. XII §0 | LEGISLATURE'S NOTE ON ARTICLE XII
Art. XII §1 | MATTERS OF PUBLIC CONCERN; GENERAL ASSEMBLY TO PROVIDE APPROPRIATE AGENCIES
Art. XII §2 | INSTITUTIONS FOR CONFINEMENT OF PERSONS CONVICTED OF CRIMES
Art. XII §3 | SEPARATE CONFINEMENT OF JUVENILE OFFENDERS
Editor's Notes
Art. XII §4 | RESERVED
Art. XII §5 | RESERVED
Art. XII §6 | RESERVED
Art. XII §7 | RESERVED
Art. XII §8 | RESERVED
Art. XII §9 | CONTROL OF CONVICTS
Article XIII
Militia
Art. XIII §1 | MILITIA
Editor's Notes
Art. XIII §2 | WHEN EXEMPT FROM ARREST
Art. XIII §3 | GOVERNOR MAY CALL OUT
Editor's Notes
Art. XIII §4 | ADJUTANT GENERAL; APPOINTMENT
Beginning upon the expiration of the term of the Adjutant General serving in office on the date of the ratification of the provisions of this paragraph, the Adjutant General must be appointed by the Governor, with the advice and consent of the Senate, in the manner provided in Section 7, Article VI.
Editor's Notes
2015 Act No. 1, Section 1.B, provides in part as follows:
Art. XIII §5 | CONFEDERATE PENSIONS
Article XIV
Eminent Domain
Art. XIV §1 | BOUNDARY RIVERS
Editor's Notes
Art. XIV §2 | TITLE TO CERTAIN LANDS
Editor's Notes
Art. XIV §3 | ULTIMATE PROPERTY IN LANDS
Editor's Notes
Art. XIV §4 | NAVIGABLE WATERS FREE; TAX FOR USE OF WHARF
Editor's Notes
Art. XIV §5 | RESERVED
Editor's Notes
Article XV
Impeachment
Art. XV §0 | LEGISLATURE'S NOTE ON ARTICLE XV
Art. XV §1 | POWER OF IMPEACHMENT; VOTE REQUIRED; SUSPENSION OF OFFICER IMPEACHED
Editor's Notes
Art. XV §2 | TRIAL OF IMPEACHMENTS; JUDGMENT; PROCEEDINGS NO BAR TO CRIMINAL PROSECUTION; IMPEACHMENT OF GOVERNOR
When the Governor is impeached, the Chief Justice of the Supreme Court, or, if he be disqualified, the Senior Justice, shall preside, with a casting vote in all preliminary questions.
Editor's Notes
Art. XV §3 | REMOVAL OF OFFICERS BY GOVERNOR ON ADDRESS OF GENERAL ASSEMBLY
Editor's Notes
Article XVI
Amendment and Revision of the Constitution
Art. XVI §1 | AMENDMENTS
Editor's Notes
Art. XVI §2 | TWO OR MORE AMENDMENTS
Editor's Notes
Art. XVI §3 | CONSTITUTIONAL CONVENTION
Editor's Notes
Article XVII
Miscellaneous Matters
Art. XVII §1 | QUALIFICATIONS OF OFFICERS
Editor's Notes
Art. XVII §1A | QUALIFICATION FOR OFFICE; DUAL OFFICE HOLDING
Editor's Notes
Former Section 6 of Article V, referred to in this section, existed prior to the revision of that article by the amendment ratified by 1973 Act No 132 (1973 (58) 161). Similar provisions dealing with the disqualification of justices and judges are now found in Section 15 of Article V. For similar provisions in Constitution of 1868, see former Art XIV, Section 1.
Art. XVII §1B | PROPERTY QUALIFICATIONS; TERM OF OFFICE; DUELING
Editor's Notes
Art. XVII §2 | CLAIMS AGAINST STATE
Editor's Notes
The provisions of this section are identical to Section 10 of Article X as it now reads following the 1977 revision of that article.
Art. XVII §3 | DIVORCES
Editor's Notes
Art. XVII §4 | SUPREME BEING
Editor's Notes
Art. XVII §5 | PUBLIC PRINTING
Editor's Notes
Art. XVII §6 | REMOVAL OF CAUSES
Editor's Notes
Art. XVII §7 | LOTTERIES; BINGO; RAFFLES
The game of bingo, when conducted by charitable, religious, or fraternal organizations exempt from federal income taxation or when conducted at recognized annual state and county fairs, is not considered a lottery prohibited by this section.
A raffle, if provided for by general law and conducted by a nonprofit organization for charitable, religious, fraternal, educational, or other eleemosynary purposes, is not a lottery prohibited by this section. The general law must define the type of nonprofit organization authorized to operate and conduct a raffle, provide standards for the operation and conduct of raffles, provide for the use of proceeds for religious, charitable, fraternal, educational, or other eleemosynary purposes, provide penalties for violations, and provide for other laws necessary to ensure the proper functioning, honesty, and integrity of the raffles. If a general law on the conduct and operation of a nonprofit raffle for charitable purposes, including the type of organization allowed to conduct raffles, is not enacted, then the raffle is a lottery prohibited by this section.
Editor's Notes
2015 Act No. 3, Section 1, provides in part as follows:
“SECTION 1. The amendment to Article XVII of the Constitution of South Carolina, 1895, prepared under the terms of Joint Resolution 102 of 2013, having been submitted to the qualified electors at the General Election of 2014 as prescribed in Section 1, Article XVI of the Constitution of South Carolina, 1895, and a favorable vote having been received on the amendment, is ratified and declared to be a part of the Constitution so that Section 7 of Article XVII is amended to read: [text of amendment follows].”
Effect of Amendment
2015 Act No. 3, Section 1, in the first paragraph, substituted “educational purposes” for “education purposes”, and added the third paragraph, related to raffles.Art. XVII §7B | SPECIAL ELECTION FOR BONDING MUNICIPALITY
Provided, That the General Assembly need not prescribe any such petition as a condition precedent to the holding of any such election in the City of Columbia, where the proceeds of the bonds are authorized to be used solely for the purpose of enlarging, extending and repairing a sewerage system and plant or a waterworks system and plant, or for the purchase, building and maintenance of fire stations, fire alarm systems and fire equipment, or for any one or more of said purposes. (1930 (36) 1209; 1931 (37) 109.)
Provided, further, That the limitations imposed by this Section and by Section 5 of Article X of the Constitution shall not apply to any bonded indebtedness incurred by the City of Columbia, where the bonded indebtedness is authorized to be incurred for the purpose of enlarging and maintaining its fire department or for purchase, building and maintenance of fire stations, fire alarm systems or fire equipment, or for any one or more of said purposes and when the question of incurring such bonded indebtedness is submitted to the qualified electors of said City at an election or elections to be called by the City Council of said City, and a majority of those voting thereon shall vote in favor thereof; and the General Assembly need not prescribe as a condition precedent to the holding of any such election a petition from the freeholders as provided in Section 13 of Article II of the Constitution. (1930 (36) 1207; 1931 (37) 110.)
Provided, That the General Assembly need not prescribe any such petition as a condition precedent to the holding of any such election in the City of Myrtle Beach where the proceeds of the bonds are authorized to be used solely for the purpose of enlarging, extending and improving the waterworks system or the sewage disposal system. (1960 (51) 2551; 1961 (52) 23.)
Provided, that the General Assembly need not prescribe any such petition of freeholders as a condition precedent to the holding of any such election in the City of Columbia where the proceeds of the bonds to be authorized are used for any corporate purpose of the City of Columbia. It is intended that the term “City of Columbia” as used in this amendment shall mean the City of Columbia with corporate limits as now constituted or as hereafter altered following merger, annexation, or modification of corporate limits. (1964 (53) 3231; 1965 (54) 45.)
Provided, that the General Assembly need not prescribe any such petition of freeholders as a condition precedent to the holding of any such election in the City of Charleston where the proceeds of the bonds to be authorized are used for any corporate purpose of the City of Charleston. It is intended that the term “City of Charleston” as used in this amendment shall mean the City of Charleston with corporate limits as now constituted or as hereafter altered following merger, annexation, or modification of corporate limits. (1964 (53) 2668; 1965 (54) 51.)
Provided, that the General Assembly need not prescribe any such petition of freeholders as a condition precedent to the holding of any such election in the City of Greenville where the proceeds of the bonds to be authorized are used for any corporate purpose of the City of Greenville. It is intended that the term “City of Greenville” as used in this amendment shall mean the City of Greenville with corporate limits as now constituted or as hereafter altered following merger, annexation, or modification of corporate limits. (1964 (53) 2873; 1965 (54) 83.)
Provided, that provisions of this section prescribing the petition of freeholders as a condition precedent to the holding of any such election shall not apply to the City of Spartanburg where the proceeds of the bonds to be authorized are used for any corporate purpose of the City of Spartanburg. It is intended that the term “City of Spartanburg” as used in this amendment shall mean the City of Spartanburg with corporate limits as now constituted or as hereafter altered following merger, annexation, or modification of corporate limits. (1966 (54) 3704; 1967 (55) 12.)
Provided, that the provisions of this section requiring a petition of the freeholders and the holding of an election shall not apply to any obligation incurred by the City of Florence to Florence County or to any agency of Florence County resulting from a long term lease of a portion of a multistoried office building to be erected by Florence County for the purpose of providing courthouse, jail, city hall, office and related facilities for Florence County and for the City of Florence and for other governmental agencies, pursuant to which the full faith and credit of the City of Florence is pledged to the payment of rent and other obligations under such lease. (1966 (54) 3203; 1967 (55) 136.)
Provided, that the General Assembly need not prescribe any such petition of freeholders as a condition precedent to the holding of any such election in the City of Greer where the proceeds of the bonds to be authorized are used for any corporate purpose of the City of Greer. It is intended that the term “City of Greer” as used in this amendment shall mean the City of Greer with corporate limits as now constituted or as hereafter altered following merger, annexation, or modification of corporate limits. (1966 (54) 3694; 1967 (55) 233.)
Provided, that provisions of this section prescribing the petition of freeholders as a condition precedent to the holding of any such election shall not apply to any incorporated municipality located in York County where the proceeds of the bonds to be authorized are used for any corporate purpose of such municipality. It is intended that the term “Incorporated municipality in York County” as used in this amendment shall mean all incorporated municipalities now existing or hereafter created, and as originally constituted or as afterwards altered following merger, annexation, or modification of corporate limits. (1968 (55) 3973; 1969 (56) 20; 1970 (56) 2691; 1971 (57) 319.)
Editor's Notes
The reference to “Section 12 of this Article” in the first paragraph of this section is to former Section 12 of Article II as it existed prior to the revision of that article by 1971 Act No 277 (1971 (57) 319). The present provisions of Section 5 of Article II are somewhat similar to those of Section 12 of that article as it existed prior to the 1971 revision.
The reference to “Section 13 of Article II” in the third paragraph of this section is to this section as it now exists following the revision of Article II by the amendment ratified by 1971 Act No 277 (1971 (57) 319).
Art. XVII §8 | OFFICERS GAMBLING AND BETTING
Art. XVII §9 | PROPERTY OF MARRIED WOMEN
Editor's Notes
Art. XVII §10 | LAWS NOW IN FORCE
Art. XVII §11 | SCHEDULE
Laws now of force; ordinances.
First.
That all laws in force in this State, at the time of the adoption of this Constitution, not inconsistent therewith, and constitutional when enacted shall remain in full force until altered or repealed by the General Assembly or expire by their own limitation. All ordinances passed and ratified at this Convention shall have the same force and effect as if included in and constituting a part of this Constitution.Writs, actions, etc.
Second.
All writs, actions, causes of action, proceedings, prosecutions and rights of individuals, of bodies corporate and of the State, when not inconsistent with this Constitution, shall continue as valid.Laws inconsistent with Constitution.
Third.
The provisions of all laws which are inconsistent with this Constitution shall cease upon its adoption, except that all laws which are inconsistent with such provisions of this Constitution as require legislation to enforce them shall remain in force until such legislation is had.Fines, etc., accruing.
Fourth.
All fines, penalties, forfeitures and escheats accruing to the State of South Carolina under the Constitution and laws heretofore in force shall accrue to the use of the State of South Carolina under this Constitution, except as herein otherwise provided.Recognizances, etc.; indictments.
Fifth.
All recognizances, obligations and all other instruments entered into or executed before the adoption of this Constitution to the State, or to any County, township, city or town therein, and all fines, taxes, penalties and forfeitures due or owing to this State, or to any County, township, city or town therein, and all writs, prosecutions, actions and proceedings, except as herein otherwise provided, shall continue and remain unaffected by the adoption of this Constitution. All indictments which shall have been found, or may hereafter be found, for any crime or offence committed before the adoption of this Constitution may be prosecuted as if no change had been made, except as otherwise provided herein.All officers hold over; compensation.
Sixth.
All officers, State, executive, legislative, judicial, circuit, district, County, township and municipal, who may be in office at the adoption of this Constitution, or who may be elected before the election of their successors as herein provided, shall hold their respective offices until their terms have expired and until their successors are elected or appointed and qualified as provided in this Constitution, unless sooner removed as may be provided by law; and shall receive the compensation now fixed by the Statute Laws in force at the adoption of this Constitution.Elections.
Seventh.
At all elections held for members of the General Assembly in case of a vacancy, or for any other office, State, County or municipal, the qualifications of electors shall remain as they were under the Constitution of Eighteen hundred and Sixty eight until the first day of November, in the year Eighteen hundred and Ninety six.Takes effect.
Eighth.
This Constitution, adopted by the people of South Carolina in Convention assembled, shall be in force and effect from and after the Thirty first day of December, in the year Eighteen hundred and Ninety five.Constitution of 1868 repealed.
Ninth.
The provisions of the Constitution of Eighteen hundred and Sixty eight and amendments thereto are repealed by this Constitution, except when re ordained and declared herein.Art. XVII §12 | CONTINUITY OF GOVERNMENTAL OPERATIONS DURING ENEMY ATTACK
(2) to adopt such other measures as may be necessary and proper for insuring the continuity of governmental operations.
Art. XVII §13 | USE OF FUNDS REALIZED BY GREENWOOD COUNTY FROM SALE OF ELECTRIC PROPERTIES AND SYSTEM
Art. XVII §14 | CITIZENS DEEMED SUI JURIS; RESTRICTIONS AS TO SALE OF ALCOHOLIC BEVERAGES
Art. XVII §15 | LAWFUL DOMESTIC UNIONS RECOGNIZABLE IN STATE; DOMESTIC UNIONS CREATED IN ANOTHER JURISDICTION
Validity
For validity of this section, see Obergefell v. Hodges, 135 S.Ct. 2584 (U.S. 2015); Condon v. Haley, 21 F.Supp.3d 572 (D. S.C. 2014); Bradacs v. Haley, 58 F.Supp.3d 514 (D. S.C. 2014).Amendments to the South Carolina Constitution
Amendments Art. I | ARTICLE I OF AMENDMENTS TO THE CONSTITUTION
Amendments Art. II | ARTICLE II OF AMENDMENTS TO THE CONSTITUTION
Amendments Art. III | ARTICLE III OF AMENDMENTS TO THE CONSTITUTION
Section 1.
The electors of Charleston County are granted powers to adopt, revise, and amend from time to time a home rule charter. The charter may provide for the consolidation of any and all units of government located in Charleston County and may provide for the consolidation of any and all of the governmental and corporate functions now or hereafter vested in Charleston County, municipal corporations, special districts, townships, school districts, and any other political entities located within the county. The government created by the charter shall have all the powers and rights possessed by the various political entities prior to the approval of the charter, shall acquire any additional powers granted to such units of government by the State, and shall be recognized by the State as a legal political entity, and shall be a body politic and corporate and a political subdivision of the State of South Carolina.Before becoming effective, the charter and any revisions thereof and amendments thereto, shall be approved by a majority of the qualified electors of Charleston County voting in an election in which the charter or such revisions or amendments are submitted to the qualified electors of Charleston County; provided, that in the initial election on the question of whether or not the charter shall become effective, the charter must be approved
(b) by a majority of all of the voting electors of the unincorporated territory of the county where votes shall be counted in another group, and failing such approval the home rule charter shall fail.
The home rule charter consolidating and regulating governments in Charleston County shall be prepared by a charter commission created in a manner designated by law; provided, that not less than seventy five percent of the membership of the charter commission shall consist of persons representing defined districts on a population basis. The law creating the charter commission shall provide for financial support needed by the charter commission.
The charter shall provide for the election of a governing body from specially defined districts, or from the area at large, or a combination of both. The charter shall provide for the organization of government, the enactment of ordinances protecting the health, safety, morals, and general welfare of the area governed by the charter, and the selection of administrative officials except those whose election is provided for elsewhere in this Constitution who shall continue to be so elected.
The charter may provide for districts within the county for the imposition of taxes, licenses, service charges, fees, and other revenues, for the incurring of bonded indebtedness, and the providing of services.
The charter shall provide for the protection of the creditors and contractual obligations of any governmental unit which may be merged or consolidated by the charter.
The governmental unit created by the charter may issue general obligation bonds upon approval of at least three fifths of the governing body or upon the approval of a majority of the qualified electors of the district or area upon which the taxes are to be imposed voting in an election on the question of issuing such bonds; and incur other forms of indebtedness now or hereafter authorized by the General Assembly for the governments existing prior to consolidation or for the government created under the charter.
The charter shall provide for a system of courts inferior to circuit courts which may hear cases arising from the ordinances enacted by the government established under the charter and exercise all powers now or hereafter granted to magistrates, municipal, or inferior courts by the Constitution and laws of the State. Except as provided in this section, the charter shall not conflict with the Constitution of South Carolina or general State wide laws. Upon and after the effective date of the charter, the General Assembly shall have no power to enact local or special laws relating to Charleston County and any and all existing local or special laws relating to Charleston County may be modified or nullified by the governing body.
Section 2.
The restrictions and limitations of Article VIII, Section 7 and Article X, Section 5 of the South Carolina Constitution relating to the incurring of bonded debt shall not apply to the government created by the home rule charter pursuant to the powers granted to the electors of Charleston County by virtue of the proposed Article III to the Articles of Amendments nor to the territory from time to time under its jurisdiction.Section 3.
The restrictions and limitations of Article X, Section 5, of the South Carolina Constitution requiring uniformity of taxes in respect to persons and property within the jurisdiction of the body imposing the same shall not apply to the government created by the home rule charter pursuant to the powers granted to the electors of Charleston County by virtue of the proposed Article III to the Articles of Amendments nor to the territory from time to time under its jurisdiction.Section 4.
The restrictions and limitations of Article X, Section 5 and Article X, Section 6 of the South Carolina Constitution relating to the purposes for which taxes may be levied and bonds issued shall not apply to the government created by the home rule charter pursuant to the powers granted to the electors of Charleston County by virtue of the proposed Article III to the Articles of Amendments nor to the territory from time to time under its jurisdiction.Section 5.
The restrictions and limitations of Article II, Section 13 of the South Carolina Constitution relating to special election for bonding municipalities shall not apply to the government created by the home rule charter pursuant to the powers granted to the electors of Charleston County by virtue of the proposed Article III to the Articles of Amendments nor to the territory from time to time under its jurisdiction.Section 6.
The restrictions and limitations of Article V, Sections 20 and 21 of the South Carolina Constitution relating to magistrates shall not apply to the government created by the home rule charter pursuant to the powers granted to the electors of Charleston County by virtue of the proposed Article III to the Articles of Amendments nor to the territory from time to time under its jurisdiction.Section 7.
The restrictions and limitations of Article VII, Section 11, of the South Carolina Constitution relating to township government shall not apply to the government created by the home rule charter pursuant to the powers granted to the electors of Charleston County by virtue of the proposed Article III to the Articles of Amendments nor to the territory from time to time under its jurisdiction.Section 8.
The restrictions and limitations of Article VIII, Section 1 of the South Carolina Constitution relating to organizations and classification of municipal corporations shall not apply to the government created by the home rule charter pursuant to the powers granted to the electors of Charleston County by virtue of the proposed Article III to the Articles of Amendments nor to the territory from time to time under its jurisdiction.Editor's Notes
Former Section 13 of Article II, referred to in section 5 of this article of amendment, was transferred and renumbered as Section 7B of Article XVII by the amendment ratified by 1971 Act No 277 (1971 (57) 319).
Former Section Section 20 and 21 of Article V, referred to in section 6 of this article of amendment, existed prior to the revision of that article effected by the amendment ratified by 1973 Act No 132 (1973 (58) 161). Somewhat similar provisions are presently found in Section 23 of Article V.
Former Section 1 of Article VIII, referred to in section 8 of this article of amendment, existed prior to the revision of that article effected by the amendment ratified by 1973 Act No 63 (1973 (58) 67) and dealt with organization and classification of municipal corporations.
Signatures
Signatures | SIGNATURES
JNO GARY EVANS
President of the Convention.
IRA B. JONES
Vice President of the Convention.
W. JASPER TALBERT
Vice President of the Convention.
Delegates from Abbeville.
ROBERT R. HEMPHILL
J. C. KLUGH
I. H. McCALLA
R. F. McCASLAN
W. C. McGOWAN
Delegates from Aiken.
ROBT. L. GUNTER
F. T. WOODWARD
Delegates from Anderson.
GEO. E. PRINCE
JAMES M. SULLIVAN
D. H. RUSSELL
J. PERRY GLENN
L. D. HARRIS
Delegates from Barnwell.
C. M. HIERS
A. HOWARD PATTERSON
ROBERT ALDRICH
G. DUNCAN BELLINGER
GEO. H. BATES
Delegates from Beaufort.
Delegates from Berkeley.
J. B. MORRISON
H. H. MURRAY
JAS. B. WIGGINS
R. C. McMAKIN
A. H. DeHAY
Delegates from Charleston.
J. N. NATHANS
W. St. JULIEN JERVEY
GEO. F. von KOLNITZ Jr.
J. P. K. BRYAN
JOS. L. OLIVER
WILLIAM MOSELEY FITCH
THEODORE G. BARKER
Delegates from Chester.
T. J. CUNNINGHAM
R. O. ATKINSON
GEORGE WILLIAMS GAGE
Delegates from Chesterfield.
E. N. REDFEARN
F. P. TAYLOR
Delegates from Clarendon.
JOSEPH S. CANTEY
JOHN W. KENNEDY
J. M. SPROTT — [died during session]
Delegates from Colleton.
L. E. PARLER
C. W. GARRIS
M. R. COOPER
M. P. HOWELL
Delegates from Darlington.
HENRY CASTLES BURN
J. N. PARROTT
A. J. H. PERWITT
Delegates from Edgefield.
G. D. TILLMAN
J. C. SHEPPARD
R. B. WATSON
B. R. TILLMAN
Delegates from Fairfield.
W. L. ROSBOROUGH
THOS. W. BRICE
RICHARD ASHE MEARES
Delegates from Florence.
W. F. CLAYTON
BROWN B. McWHITE
J. O. BYRD [died during session]
Delegates from Georgetown.
E. F. MATHEWS
Delegates from Greenville.
G. G. WELLS
J. THOMAS AUSTIN
HUGH M. BARTON
HUGH B. BUIST
HENRY J. HAYNESWORTH
Delegates from Hampton.
CHARLES J. C. HUTSON
AMOS J. HARRISON
Delegates from Horry.
J. A. McDERMOTTE
JEREMIAH SMITH
Delegates from Kershaw.
C. L. WINKLER
J. T. HAY
Delegates from Lancaster.
JNO. W. HAMEL
Delegates from Laurens.
R. L. HENRY
J. H. WHARTON
Delegates from Lexington.
J. L. SHULER
E. L. LYBRAND
Delegates from Marion.
J. EDWIN ELLERBE
E. B. BERRY
JAMES D. MONTGOMERY
Delegates from Marlboro.
Wm. DeWITT EVANS
THOS. IRBY ROGERS
ROBERT HAYNE HODGES [died during session]
Delegates from Newberry.
J. A. SLIGH
GEO. S. MOWER
JOS. L. KEITT
Delegates from Oconee.
O. M. DOYLE
W. J. STRIBLING
Delegates from Orangeburg.
L. S. CONNOR
E. H. HAUSER
OSCAR R. LOWMAN
A. K. SMOKE
Delegates from Pickens.
W. THOS. BOWEN
R. FRANK SMITH
Delegates from Richland.
JOHN JOSEPH McMAHAN
JOHN B. DENT
WILIE JONES
H. C. PATTON
Delegates from Spartanburg.
M. O. ROWLAND
W. T. BOBO
W. E. CARVER
A. S. WATERS
T. EARLE JOHNSON
STANYARNE WILSON
Delegates from Sumter.
RICHD. D. LEE
GEO. P. McKAGEN, SR.
SHEPARD NASH
JAS. H. SCARBOROUGH
R. P. STACKHOUSE
Delegates from Union.
W. A. NICHOLSON
C. H. PEAKE
J. C. OTTS
Delegates from Williamsburg.
THOS. M. GILLAND
GEORGE J. GRAHAM
W. R. SINGLETARY
Delegates from York.
Wm. BLACKBURN WILSON
J. STUB BRICE
J. F. ASHE
This material might help you recover from the damages that lawbreaking judges/lawyers/agencies/organizations have inflicted upon you [and/or the public] (see this example of a Florida judge who outright committed perjury).
Perhaps it'll [even] help you navigate through your state's administrative gauntlet. A gauntlet which might include – but not be limited to:
- State Agency Bribery;
- State Agency Corruption;
- State Agency Obstruction; and
- State Agency Self-Discrimination
Sincerely,
www.TextBookDiscrimination.com
