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Bill 3205

                    Current Status

Bill Number:                      3205
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  20010110
Primary Sponsor:                  Altman
All Sponsors:                     Altman
Drafted Document Number:          l:\council\bills\gjk\20046sd01.doc
Residing Body:                    House
Current Committee:                Judiciary Committee 25 HJ
Subject:                          Laws, acts, resolutions enacted by 
                                  General Assembly afforded presumption of 
                                  legality, constitutionality


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   20010110  Introduced, read first time,           25 HJ
                  referred to Committee


              Versions of This Bill

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.

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.

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