SOUTH CAROLINA CONSTITUTION
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
Editor's Notes
Art. III §24 | DUAL OFFICE HOLDING
Editor's Notes
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].”
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
