Current Status Bill Number:3533 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19970226 Primary Sponsor:Altman All Sponsors:Altman Drafted Document Number:gjk20210sd.97 Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Date of Last Amendment:19980402 Subject:Laws enacted by General Assembly afforded presumption of legality and constitutionality, State Government
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
Senate 19980408 Introduced, read first time, 11 SJ
referred to Committee
House 19980407 Read third time, sent to Senate
House 19980402 Amended, read second time
House 19980402 Request for debate withdrawn
by Representative Leach
F. Smith
J. Smith
Scott
Breeland
R. Smith
Inabinett
Lloyd
Byrd
House 19980331 Request for debate by Representative Scott
J. Smith
Inabinett
Lloyd
Pinckney
Kennedy
F. Smith
Leach
Breeland
R. Smith
Byrd
House 19980325 Committee report: Favorable with 25 HJ
amendment
House 19970226 Introduced, read first time, 25 HJ
referred to Committee
View additional legislative information at the LPITS web site.
Indicates Matter Stricken
Indicates New Matter
AMENDED
April 2, 1998
H. 3533
S. Printed 4/2/98--H.
Read the first time February 26, 1997.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-7-25 SO AS TO PROVIDE THAT ACTS, RESOLUTIONS, OR LAWS OF THIS STATE ENACTED BY THE GENERAL ASSEMBLY ARE AFFORDED A PRESUMPTION OF LEGALITY AND CONSTITUTIONALITY, TO PROVIDE FOR THE BURDEN OF PROOF A PLAINTIFF MUST MEET IN SEEKING TO OVERTURN AN ACT, RESOLUTION, OR LAW OF THIS STATE, AND TO PROVIDE THAT THE ATTORNEY GENERAL, UPON CONCLUSION OF SUCH AN ACTION, PROMPTLY SHALL NOTIFY CERTAIN OFFICERS OF THE GENERAL ASSEMBLY IF A COURT DECLARES AN ACT, RESOLUTION, OR LAW UNCONSTITUTIONAL, INVALID, OR WITHOUT FORCE AND EFFECT.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 2-7-25. (A) The acts, resolutions, or laws of this State duly enacted by the General Assembly are entitled to proper respect from the judiciary of this State and shall enjoy a substantial presumption of legality and constitutionality.
(B) The General Assembly finds a high, compelling, and legitimate state interest which best serves the public interest to assure that the laws of this State duly enacted are not lightly set aside in whole or in part by a court of competent jurisdiction.
(C) In any proceeding before a court of this State when a party seeks to overturn, overrule, void, or strike down an act, resolution, or law of this State in whole or in part, the court shall apply a standard of proof in favorum leges. In order to prevail, the party seeking such relief is required to prove beyond a reasonable doubt, both as to the totality of the evidence and as to all the parts of the evidence, that the act, resolution, or law is unconstitutional, invalid, inapplicable, or otherwise without force and effect.
(D) The court in which such a proceeding is brought shall ensure that the plaintiff has served the Attorney General of this State with a copy of all pleadings in the action as required by the South Carolina Rules of Civil Procedure. The Attorney General upon conclusion of the action promptly shall notify the Speaker of the House, the President Pro Tempore of the Senate, and the chairmen of the Senate and House Judiciary Committees if the court in its ruling declares an act, resolution, or law enacted by the General Assembly as unconstitutional, invalid, inapplicable, or otherwise without force and effect."
SECTION 2. This act takes effect upon approval by the Governor.