South Carolina Constitution Article III - Legislative Department

South Carolina Constitution – Article III: Legislative Department

Article III of the South Carolina Constitution establishes the Legislative Branch of the state government. Here's a structured summary of its key provisions:

Overview

Article III defines the structure, powers, duties, and procedures of the South Carolina General Assembly, which is a bicameral legislature consisting of:

The Senate

The House of Representatives

Key Sections & Provisions

Section 1 – Legislative Power

All legislative power is vested in the General Assembly.

Section 2 – House of Representatives

Composed of members elected every two years.

The number of representatives and apportionment is determined by law based on population.

Section 3 – Senate

Composed of members elected every four years.

One senator is elected from each senatorial district.

Section 4 – Qualifications of Members

Must be U.S. citizens.

Must be qualified electors in their respective districts.

Minimum age:

Senate: 25 years old

House: 21 years old

Section 6 – Privileges

Members are privileged from arrest during the session, except in cases of treason, felony, or breach of the peace.

Not liable for words spoken in debate.

Section 8 – Sessions

The General Assembly meets annually.

The Governor may call special sessions.

Section 9 – Rules and Discipline

Each house determines its own rules.

Can punish or expel members (2/3 vote required for expulsion).

Section 15 – Journal and Voting

Proceedings must be published in a journal.

Voting must be recorded on demand.

Section 17 – One Subject Rule

Each act must relate to only one subject, clearly expressed in the title.

Section 18 – Origin and Passage of Bills

Bills may originate in either house.

Must be read three times on three different days in each house.

No law is valid unless passed by majority vote of both houses and signed by the Governor.

Section 21 – Appropriation Bills

Appropriation bills must originate in the House.

Section 22 – Governor’s Veto

The Governor can veto bills.

The General Assembly may override a veto with a two-thirds vote of both houses.

Section 30 – Limitation on Taxes

Restricts how and when taxes can be levied.

Additional Topics

Legislative ethics and conflicts of interest

Prohibition on passing special laws in certain cases

Procedures for constitutional amendments

Limitations on increases in state debt

 

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