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H. 3126
STATUS INFORMATION
General Bill
Sponsors: Rep. Altman
Document Path: l:\council\bills\pt\1140mm03.doc
Introduced in the House on January 14, 2003
Currently residing in the House Committee on Judiciary
Summary: Legislative actions presumed legal; Attorney General to notify legislative officers if court finds otherwise; provisions
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 12/4/2002 House Prefiled 12/4/2002 House Referred to Committee on Judiciary 1/14/2003 House Introduced and read first time HJ-55 1/14/2003 House Referred to Committee on Judiciary HJ-55
View the latest legislative information at the LPITS web site
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 ANY ACT, RESOLUTION, OR LAW OF THIS STATE, AND TO PROVIDE THAT THE ATTORNEY GENERAL PROMPTLY SHALL NOTIFY CERTAIN OFFICERS OF THE GENERAL ASSEMBLY IF A COURT DECLARES ANY 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. Chapter 7, Title 2 of 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 and a substantial presumption of legality and constitutionality by the judiciary of this State.
(B) The careful and well considered legislative process of the General Assembly results in the finding of a high, compelling, and legitimate state interest which best serves the public interest to assure that a law of this State duly enacted through that process is not set aside lightly, in whole or in part, by a court of competent jurisdiction.
(C) In a proceeding before a court of this State in which a party seeks to overturn, overrule, void, or strike down any act, resolution, or law of this State in whole or in part, the court shall apply a standard of proof in favorum leges. To prevail, the party seeking relief shall 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 the 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. Upon conclusion of the action the Attorney General 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 declares any act, resolution, or law enacted by the General Assembly to be unconstitutional, invalid, inapplicable, or otherwise without force and effect."
SECTION 2. This act takes effect upon approval by the Governor.
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