SOUTH CAROLINA

CONSTITUTION OF THE STATE OF SOUTH CAROLINA

ARTICLE I.

 DECLARATION OF RIGHTS

SECTION 1. Political power in people.

All political power is vested in and derived from the people only, therefore, they have the right at all times to modify their form of government.

SECTION 2. Religious freedom;  freedom of speech;  right of assembly and petition.

The General Assembly shall make no law respecting an establishment of religion or prohibiting the free exercise thereof, or abridging the freedom of speech or of the press;  or the right of the people peaceably to assemble and to petition the government or any department thereof for a redress of grievances.

SECTION 3. Privileges and immunities;  due process;  equal protection of laws.

The privileges and immunities of citizens of this State and of the United States under this Constitution shall not be abridged, nor shall any person be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws.

SECTION 4. Attainder;  ex post facto laws;  impairment of contracts;  titles;  effect of conviction.

No bill of attainder, ex post facto law, law impairing the obligation of contracts, nor law granting any title of nobility or hereditary emolument, shall be passed, and no conviction shall work corruption of blood or forfeiture of estate.

SECTION 5. Elections free and open.

All elections shall be free and open, and every inhabitant of this State possessing the qualifications provided for in this Constitution shall have an equal right to elect officers and be elected to fill public office.

SECTION 6. Residence.

Temporary absence from the State shall not forfeit a residence once obtained.

SECTION 7. Suspension of laws.

The power to suspend the laws shall be exercised only by the General Assembly or by its authority in particular cases expressly provided for by it.

SECTION 8. Separation of powers.

In the government of this State, the legislative, executive, and judicial powers of the government shall be forever separate and distinct from each other, and no person or persons exercising the functions of one of said departments shall assume or discharge the duties of any other.

SECTION 9. Courts;  speedy remedy.

All courts shall be public, and every person shall have speedy remedy therein for wrongs sustained.

SECTION 10. Searches and seizures;  invasions of privacy.

The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures and unreasonable invasions of privacy shall not be violated, and no warrants shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, the person or thing to be seized, and the information to be obtained.

SECTION 11. Presentment or indictment.

No person may be held to answer for any crime the jurisdiction over which is not within the magistrate’s court, unless on a presentment or indictment of a grand jury of the county where the crime has been committed, except in cases arising in the land or naval forces or in the militia when in actual service in time of war or public danger.  The General Assembly may provide for the waiver of an indictment by the accused.  Nothing contained in this Constitution is deemed to limit or prohibit the establishment by the General Assembly of a state grand jury with the authority to return indictments irrespective of the county where the crime has been committed and that other authority, including procedure, as the General Assembly may provide. (1989 Act No. 5, Section 2, off February 15, 1989;  1989 Act No. 8, Section 1, off February 15, 1989.)

SECTION 12. Double jeopardy;  self incrimination.

No person shall be subject for the same offense to be twice put in jeopardy of life or liberty, nor shall any person be compelled in any criminal case to be a witness against himself.

SECTION 13. Taking private property.

Except as otherwise provided in this Constitution, private property shall not be taken for private use without the consent of the owner, nor for public use without just compensation being first made therefore.

SECTION 14. Trial by jury;  witnesses;  defense.

The right of trial by jury shall be preserved inviolate.  Any person charged with an offense shall enjoy the right to a speedy and public trial by an impartial jury;  to be fully informed of the nature and cause of the accusation;  to be confronted with the witnesses against him;  to have compulsory process for obtaining witnesses in his favor, and to be fully heard in his defense by himself or by his counsel or by both.

SECTION 15. Right of bail;  excessive bail;  cruel or unusual or corporal punishment;  detention of witnesses.

All persons shall be, before conviction, bailable by sufficient sureties, but bail may be denied to persons charged with capital offenses or offenses punishable by life imprisonment, or with violent offenses defined by the General Assembly, giving due weight to the evidence and to the nature and circumstances of the event. Excessive bail shall not be required, nor shall excessive fines be imposed, nor shall cruel, nor corporal, nor unusual punishment be inflicted, nor shall witnesses be unreasonably detained.  (1998 Act No. 259, Section 2, eff February 17, 1998.)

SECTION 16. Libel.

In all indictments or prosecutions for libel, the truth of the alleged libel may be given in evidence, and the jury shall be the judges of the law and facts.

SECTION 17. Treason.

Treason against the State shall consist alone in levying war or in giving aid and comfort to enemies against the State.  No person shall be held guilty of treason, except upon testimony of at least two witnesses to the same overt act, or upon confession in open court.

Provided, however,  that the General Assembly may provide by law that any incorporated municipality in Sumter County or any housing or redevelopment authority now or hereafter established in the county may undertake and carry out slum clearance and redevelopment work, including the acquisition and clearance of areas which are predominantly slum or blighted areas, the preparation of such areas for reuse and the sale or disposition of such areas to private enterprise for private uses, or to public bodies for public uses.  Any such work shall constitute a governmental function undertaken for public purposes, and the powers of taxation and eminent domain may be exercised and public funds expended in furtherance thereof.  Provided, further,  that just compensation be paid for all property and property rights so taken, including relocation costs.  In cases of condemnation of land, where reuse is for private purposes, on which is located main underground subway systems, interstate toll lines, transmission lines, transformer vaults, gas pipelines or railroad main line trackage or other similar public utilities, the compensation to the public utility or railroad shall be the reasonable expense incurred in relocation of the systems, lines, vaults or trackage in addition to any other compensation to which it may be entitled by law.

Provided,  that the municipalities of Cherokee County may pursuant to statutory law, now existing or hereafter enacted, and acting through their municipal councils or through any housing or redevelopment authority, now or hereafter established, undertake and carry out slum clearance and redevelopment work in areas which are predominantly slum or blighted, the preparation of such areas for reuse, and the sale or other disposition of such areas to private enterprise for private uses or to public bodies for public uses, and to that end may exercise the power of eminent domain as to any property essential to the plan of slum clearance and redevelopment.  Provided, further,  that just compensation be paid for all property and property rights so taken.  When land is condemned and reuse is for private purposes, and there is located thereon any main underground subway system, interstate toll lines, transmission lines, transformer vaults or railroad trackage, the compensation to any public utility or railroad shall include, in addition to any other compensation to which it may be entitled by law, the reasonable expense incurred in relocating such system, lines, vaults or trackage as may be affected by such taking.  Provided, further,  that in cases of condemnation of land, where reuse is for private purposes, the condemned shall be given the first opportunity to purchase the land when it is sold by the condemner for such reuse.  Provided, further,  that when land is purchased or condemned, or when right‑of‑way is vacated, and such land or right‑of‑way is reused for private purposes, and the relocation or rearrangement of any main underground subway system, telephone line, transmission line, transformer vault or railroad trackage is required because of such reuse, the public utility or railroad shall be compensated, but the total compensation to any public utility or railroad, in addition to any other compensation to which it may be entitled by law, for such relocation or rearrangement shall not exceed the reasonable expense incurred in relocating or rearranging the system, lines, vaults or trackage affected by such taking.

SECTION 18. Suspension of habeas corpus.

The privilege of the writ of  habeas corpus  shall not be suspended unless when, in case of insurrection, rebellion or invasion, the public safety may require it.

SECTION 19. Imprisonment for debt.

No person shall be imprisoned for debt except in cases of fraud.

SECTION 20. Right to keep and bear arms;  armies;  military power subordinate to civil authority;  how soldiers quartered.

A well regulated militia being necessary to the security of a free State, the right of the people to keep and bear arms shall not be infringed.  As, in times of peace, armies are dangerous to liberty, they shall not be maintained without the consent of the General Assembly.  The military power of the State shall always be held in subordination to the civil authority and be governed by it.  No soldier shall in time of peace be quartered in any house without the consent of the owner nor in time of war but in the manner prescribed by law.

SECTION 21. Martial law.

No person shall in any case be subject to martial law or to any pains or penalties by virtue of that law, except those employed in the armed forces of the United States, and except the militia in actual service, but by the authority of the General Assembly.

SECTION 22. Procedure before administrative agencies;  judicial review.

No person shall be finally bound by a judicial or quasi‑judicial decision of an administrative agency affecting private rights except on due notice and an opportunity to be heard;  nor shall he be subject to the same person for both prosecution and adjudication;  nor shall he be deprived of liberty or property unless by a mode of procedure prescribed by the General Assembly, and he shall have in all such instances the right to judicial review. 

SECTION 23. Provisions of Constitution mandatory.

The provisions of the Constitution shall be taken, deemed, and construed to be mandatory and prohibitory, and not merely directory, except where expressly made directory or promissory by its own terms.

SECTION 24. Victims’ Bill of Rights.

(A) To preserve and protect victims’ rights to justice and due process regardless of race, sex, age, religion, or economic status, victims of crime have the right to:

(1) be treated with fairness, respect, and dignity, and to be free from intimidation, harassment, or abuse, throughout the criminal and juvenile justice process, and informed of the victim’s constitutional rights, provided by statute;

(2) be reasonably informed when the accused or convicted person is arrested, released from custody, or has escaped;

(3) be informed of and present at any criminal proceedings which are disparities of the charges where the defendant has the right to be present;

(4) be reasonably informed of and be allowed to submit either a written or oral statement at all hearings affecting bond or bail;

(5) be heard at any proceeding involving a post‑arrest release decision, a plea, or sentencing;

(6) be reasonably protected from the accused or persons acting on his behalf throughout the criminal justice process;

(7) confer with the prosecution, after the crime against the victim has been charged, before the trial or before any disposition and informed of the disposition;

(8) have reasonable access after the conclusion of the criminal investigation to all documents relating to the crime against the victim before trial;

(9) receive prompt and full restitution from the person or persons convicted of the criminal conduct that caused the victim’s loss or injury, including both adult and juvenile offenders;

(10) be informed of any proceeding when any post‑conviction action is being considered, and be present at any post‑conviction hearing involving a post‑conviction release decision;

(11) a reasonable disposition and prompt and final conclusion of the case;

(12) have all rules governing criminal procedure and the admissibility of evidence in all criminal proceedings protect victims’ rights and have these rules subject to amendment or repeal by the legislature to ensure protection of these rights.

(B) Nothing in this section creates a civil cause of action on behalf of any person against any public employee, public agency, the State, or any agency responsible for the enforcement of rights and provision of services contained in this section. The rights created in this section may be subject to a writ of mandamus, to be issued by any justice of the Supreme Court or circuit court judge to require compliance by any public employee, public agency, the State, or any agency responsible for the enforcement of the rights and provisions of these services contained in this section, and a willful failure to comply with a writ of mandamus is punishable as contempt.

(C) For purposes of this section:

(1) A victim’s exercise of any right granted by this section is not grounds for dismissing any criminal proceeding or setting aside any conviction or sentence.

(2) “Victim” means a person who suffers direct or threatened physical, psychological, or financial harm as the result of the commission or attempted commission of a crime against him. The term “victim” also includes the person’s spouse, parent, child, or lawful representative of a crime victim who is deceased, who is a minor or who is incompetent or who was a homicide victim or who is physically or psychologically incapacitated.

(3) The General Assembly has the authority to enact substantive and procedural laws to define, implement, preserve, and protect the rights guaranteed to victims by this section, including the authority to extend any of these rights to juvenile proceedings.

(4) The enumeration in the Constitution of certain rights for victims shall not be construed to deny or disparage others granted by the General Assembly or retained by victims.  (1998 Act No. 259, Section 1, eff February 17, 1998.) 

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2002 S.C. Constitution
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ARTICLE II.

RIGHT OF SUFFRAGE

SECTION 1. Elections to be by secret ballot; protection of right of suffrage.

All elections by the people shall be by secret ballot, but the ballots shall not be counted in secret. The right of suffrage, as regulated in this Constitution, shall be protected by laws regulating elections and prohibiting, under adequate penalties, all undue influence from power, bribery, tumult, or improper conduct.

SECTION 2. Free exercise of right of suffrage.

No power, civil or military, shall at any time interfere to prevent the free exercise of the right of suffrage in this State.

SECTION 3. Electors.

Every citizen possessing the qualifications required by this Constitution and not laboring under the disabilities named in or authorized by it shall be an elector.

SECTION 4. Voter qualifications.

Every citizen of the United States and of this State of the age of eighteen and upwards who is properly registered is entitled to vote as provided by law. (1997 Act No. 15, Section 1, eff April 17, 1997.)

SECTION 5. Qualifications of municipal electors.

Municipal electors shall possess the qualifications prescribed in this Constitution, but each such elector must have resided in the municipality in which he offers to vote for thirty days next preceding the election.

SECTION 6. General Assembly may require demonstration of literacy.

The General Assembly may require each person to demonstrate a reasonable ability, except for physical disability, to read and write the English language as a condition to becoming entitled to vote.

SECTION 7. Disqualifications by reason of mental incompetence or conviction of crime.

The General Assembly shall establish disqualifications for voting by reason of mental incompetence or conviction of serious crime, and may provide for the removal of such disqualifications. Persons who are confined in any penal institution under the judgment of a court shall not be entitled to vote.

SECTION 8. Registration of voters.

The General Assembly shall provide for the registration of voters for periods not less than ten years in duration. Provision shall be made for registration during every year for persons entitled to be registered. The registration lists shall be public records.

SECTION 9. Appeal by person denied registration.

Any person denied registration shall have the right to appeal to the court of common pleas, or any judge thereof, and thence to the Supreme Court, to determine his right to vote under the limitations imposed in or authorized by this article, and on such appeal the hearing shall be de novo, and the General Assembly shall provide for such appeal.

SECTION 10. Nominations; conduct of elections; contests, etc.

The General Assembly shall provide for the nomination of candidates, regulate the time, place and manner of elections, provide for the administration of elections and for absentee voting, insure secrecy of voting, establish procedures for contested elections, and enact other provisions necessary to the fulfillment and integrity of the election process.

SECTION 11. Electors privileged from arrest.

Electors shall in all cases except treason, felony, or a breach of the peace, be privileged from arrest on the days of election during their attendance at the polls for voting, and going to and returning there from.

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ARTICLE III.

 LEGISLATIVE DEPARTMENT

SECTION 1. Legislative power vested in two branches.

The legislative power of this State shall be vested in two distinct branches, the one to be styled the “Senate” and the other the “House of Representatives,” and both together the “General Assembly of the State of South Carolina.”

SECTION 1A. Meeting of General Assembly.

The General Assembly ought frequently to assemble for the redress of grievances and for making new laws, as the common good may require.

SECTION 2. House of Representatives.

The House of Representatives shall be composed of members chosen by ballot every second year by citizens of this State, qualified as in this Constitution is provided.

SECTION 3. Number of members;  enumeration of inhabitants.

The House of Representatives shall consist of one hundred and twenty‑four members, to be apportioned among the several Counties according to the number of inhabitants contained in each.  Each County shall constitute one election district.  An enumeration of the inhabitants for this purpose shall be made in the year Nineteen hundred and One, and shall be made in the course of every tenth year thereafter, in such manner as shall be by law directed:   Provided,  That the General Assembly may at any time, in its discretion, adopt the immediately preceding United States Census as a true and correct enumeration of the inhabitants of the several Counties, and make the apportionment of Representatives among the several Counties, according to said enumeration:   Provided, further,  That until the apportionment which shall be made upon the next enumeration shall take effect, the representation of the several Counties as they now exist (including the County of Saluda established by ordinance) shall be as follows:  Abbeville, 5;  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;  Provided further,  That in the event other Counties are hereafter established, then the General Assembly shall reapportion the Representatives between the Counties.

SECTION 4. Assignment of representatives.

In assigning Representatives to the several Counties, the General Assembly shall allow one Representative to every one hundred and twenty‑fourth part of the whole number of inhabitants in the State:   Provided,  That if in the apportionment of Representatives any County shall appear not to be entitled, from its population, to a Representative, such County shall, nevertheless, send one Representative;  and if there be still a deficiency in the number of Representatives required by Section third of this Article, such deficiency shall be supplied by assigning Representatives to those Counties having the largest surplus fractions.

SECTION 5. When apportionment takes effect.

No apportionment of Representatives shall take effect until the general election which shall succeed such apportionment.

SECTION 6. Senate.

The Senate shall be composed of one member from each County, to be elected for the term of four years by the qualified electors in each County, in the same manner in which members of the House of Representatives are chosen.

SECTION 7. Qualifications of members of Senate and House of Representatives.

No person is eligible for a seat in the Senate or House of Representatives who, at the time of his election, is not a duly qualified elector under this Constitution in the district in which he may be chosen. Senators must be at least twenty‑five and Representatives at least twenty‑one years of age. A candidate for the Senate or House of Representatives must be a legal resident of the district in which he is a candidate at the time he files for the office.  No person who has been convicted of a felony under state or federal law or convicted of tampering with a voting machine, fraudulent registration or voting, bribery at elections, procuring or offering to procure votes by bribery, voting more than once at elections, impersonating a voter, or swearing falsely at elections/taking oath in another’s name, or who has pled guilty or nolo contender to these offenses, is eligible to serve as a member of the Senate or the House of Representatives. However, notwithstanding any other provision of this Constitution, this prohibition does not apply to a person who has been pardoned under state or federal law or to a person who files for public office fifteen years or more after the completion date of service of the sentence, including probation and parole time, nor shall any person, serving in office prior to the ratification of this provision, be required to vacate the office to which he is elected.  (1997 Act No. 3, Section 1, eff March 25, 1997;  1999 Act No. 12, Section 1, eff April 28, 1999.)

SECTION 8. Election of representatives.

The first election for members of the House of Representatives under this Constitution shall be held on Tuesday after the first Monday in November Eighteen Hundred and Ninety‑six, and in every second year thereafter, in such manner and at such places as the General Assembly may prescribe.

SECTION 9. Sessions of General Assembly.

The annual session of the General Assembly heretofore elected, fixed by the Constitution of the year Eighteen hundred and Sixty‑eight to convene on the fourth Tuesday of November, in the year Eighteen hundred and Ninety‑five, is hereby postponed, and the same shall be convened and held in the city of Columbia on the second Tuesday of January, in the year Eighteen hundred and Ninety‑six.  The first session of the General Assembly elected under this Constitution shall convene in Columbia on the second Tuesday in January, in the year Eighteen hundred and Ninety‑seven, and thereafter annually at the same time and place.  Provided,  That the House of Representatives shall meet on the first Tuesday following the certification of the election of its members for not more than three days following the general election in even‑numbered years for the purpose of organizing.  Should the casualties of war or contagious disease render it unsafe to meet at the seat of government, then the Governor may, by proclamation, appoint a more secure and convenient place of meeting.  Members of the General Assembly shall not receive any compensation for more than forty days of any one session.  Provided,  That this limitation shall not affect the first four sessions of the General Assembly under this Constitution. (1976 (59) 2213;  1977 (60) 10.)

SECTION 10. Terms of office.

The terms of office of the Senators and Representatives chosen at a general election shall begin on the Monday following such election.

SECTION 11. Election returns;  quorum;  absent members.

Each house shall judge of the election returns and qualifications of its own members, and a majority of each house shall constitute a quorum to do business;  but a smaller number may adjourn from day to day, and may compel the attendance of absent members, in such manner and under such penalties as may be provided by law or rule.

SECTION 12. Officers;  rules;  punishment and expulsion of members.

Each house shall choose its own officers, determine its rules of procedure, punish its members for disorderly behavior, and, with the concurrence of two‑thirds, expel a member, but not a second time for the same cause.

SECTION 13. Punishment of persons not members.

Each house may punish by imprisonment during its sitting any person not a member who shall be guilty of disrespect to the house by any disorderly or contemptuous behavior in its presence, or who, during the time of its sitting, shall threaten harm to the body or estate of any member for anything said or done in either house, or who shall assault any of them therefore, or who shall assault or arrest any witness or other person ordered to attend the house in his going thereto or returning there from, or who shall rescue any person arrested by order of the house:   Provided,  That such time of imprisonment shall not in any case extend beyond the session of the General Assembly.

SECTION 14. Members in attendance protected.

The members of both houses shall be protected in their persons and estates during their attendance on, going to and returning from the General Assembly, and ten days previous to the sitting and ten days after the adjournment thereof.  But these privileges shall not protect any member who shall be charged with treason, felony or breach of the peace.

SECTION 15. Bills for revenue;  other bills.

Bills for raising revenue shall originate in the House of Representatives, but may be altered, amended or rejected by the Senate;  all other Bills may originate in either house, and may be amended, altered or rejected by the other.

SECTION 16. Style of laws.

The style of all laws shall be:  “Be it enacted by the General Assembly of the State of South Carolina.”

SECTION 17. One subject.

Every Act or resolution having the force of law shall relate to but one subject, and that shall be expressed in the title.

SECTION 18. Formalities of act.

No Bill or Joint Resolution shall have the force of law until it shall have been read three times and on three several days in each house, has had the Great Seal of the State affixed to it, and has been signed by the President of the Senate and the Speaker of the House of Representatives:   Provided,  That either branch of the General Assembly may provide by rule for a first and third reading of any Bill or Joint Resolution by its title only.

SECTION 19. Mileage;  increase of per diem;  compensation during extra session.

Each member of the General Assembly shall receive such mileage allowance for the ordinary route of travel in going to and returning from the place where its sessions are held as the General Assembly may provide by law;  no General Assembly shall have the power to increase the per diem of its own members;  and members of the General Assembly when convened in extra session shall receive the same compensation as is fixed by law for the regular session.

SECTION 20. Elections “viva voce.”

In all elections by the General Assembly or either House thereof, the members shall vote “viva voce”,  except by unanimous consent, and their votes thus given shall be entered upon the Journal of the House to which they respectively belong.

SECTION 21. Adjournments.

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.

SECTION 22. Journal;  yeas and nays.

Each house shall keep a journal of its own proceedings, and cause the same to be published immediately after its adjournment, excepting such parts as, in its judgment, may require secrecy;  and the yeas and nays of the members of either house, on any question, shall, at the desire of ten members of the House or five members of the Senate, respectively, be entered on the journal.  Any member of either house shall have liberty to dissent from and protest against any Act or resolution which he may think injurious to the public or to an individual, and have the reasons of his dissent entered on the journal.

SECTION 23. Doors open.

The doors of each house shall be open, except on such occasions as in the opinion of the House may require secrecy.

SECTION 24. Holding two offices.

No person is eligible to a seat in the General Assembly while he holds any office or position of profit or trust under this State, the United States of America, or any of them, or under any other power, except officers in the militia, members of lawfully and regularly organized fire departments, constables, and notaries public.  If any member accepts or exercises any of the disqualifying offices or positions he shall vacate his seat. (1989 Act No. 9, Section 1, eff February 8, 1989.)

SECTION 25. Vacancies.

If any election district shall neglect to choose a member or members on the day of election, or if any person chosen a member of either house shall refuse to qualify and take his seat, or shall resign, die, depart the State, accept any disqualifying office or position, or become otherwise disqualified to hold his seat, a writ of election shall be issued by the President of the Senate or Speaker of the House of Representatives, as the case may be, for the purpose of filling the vacancy thereby occasioned for the remainder of the term for which the person so refusing to qualify, resigning, dying, departing the State, or becoming disqualified, was elected to serve, or the defaulting election district ought to have chosen a member or members.

SECTION 26. Oath of office.

Members of the General Assembly, and all officers, before they enter upon the duties of their respective offices, and all members of the bar, before they enter upon the practice of their profession, shall take and subscribe the following oath:  “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.” (1954 (48) 1852;  1955 (49) 23.)

SECTION 27. Removal of officer.

Officers shall be removed for incapacity, misconduct or neglect of duty, in such manner as may be provided by law, when no mode of trial or removal is provided in this Constitution.

SECTION 28. Debtor’s exemption from attachment, levy and sale.

The General Assembly shall enact such laws as will exempt real and personal property of a debtor from attachment, levy and sale under any menses or final process issued by any court or bankruptcy proceeding. (1981 Act No. 2, eff February 24, 1981.)

SECTION 29. Taxes laid upon actual assessed value.

All taxes upon property, real and personal, shall be laid upon the actual value of the property taxed, as the same shall be ascertained by an assessment made for the purpose of laying such tax.

SECTION 30. Extra compensation not permitted;  appropriations for repelling invasion.

The General Assembly shall never grant extra compensation, fee or allowance to any public officer, agent, servant or contractor after service rendered, or contract made, nor authorize payment or part payment of any claim under any contract not authorized by law;  but appropriations may be made for expenditures in repelling invasion, preventing or suppressing insurrection. 

SECTION 31. Public lands.

Lands belonging to or under the control of the State shall never be donated, directly or indirectly, to private corporations or individuals, or to railroad companies.  Nor shall such land be sold to corporations, or associations, for a less price than that for which it can be sold to individuals.  This, however, shall not prevent the General Assembly from granting a right of way, not exceeding one hundred and fifty feet in width, as a mere easement to railroads across State land, nor to interfere with the discretion of the General Assembly in confirming the title to lands claimed to belong to the State, but used or possessed by other parties under an adverse claim. 

SECTION 32. Salary of deceased officer;  pensions.

Eliminated by 1944 (43) 1569;  1945 (44) 36.

SECTION 33. Age of consent.

No unmarried woman shall legally consent to sexual intercourse who shall not have attained the age of fourteen years.  (1999 Act No. 3, Section 1, eff February 16, 1999)

SECTION 34. Special laws prohibited.

The General Assembly of this State shall not enact local or special laws concerning any of the following subjects or for any of the following purposes, to wit:

I. To change the names of persons or places.

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,  That the General Assembly is empowered to divide the State into as many zones as may appear practicable, and to enact legislation as may appear proper for the protection of game in the several zones.

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. (1904 (24) 676;  1905 (24) 59;  1934 (38) 1625;  1935 (39) 24;  1934 (38) 1626;  1935 (39) 153;  1957 (50) 2785;  1959 (51) 9;  1962 (52) 2313;  1963 (53) 23;  1964 (53) 3286;  1965 (54) 41;  1972 (57) 3494;  1973 (58) 26.) 

SECTION 35. Lands owned by aliens.

It shall be the duty of the General Assembly to enact laws limiting the number of acres of land which any alien or any corporation controlled by aliens may own within this State. 

SECTION 36. General Reserve Fund.

(A) The General Assembly shall provide for a General Reserve Fund of three percent of the general fund revenue of the latest completed fiscal year.  Funds may be withdrawn from the reserve only for the purpose of covering operating deficits of state government.  The General Assembly must provide for the orderly restoration of funds withdrawn from the reserve from future revenues and out of funds accumulating in excess of annual operating expenditures.

(1) The General Assembly shall provide by law for a procedure to survey the progress of the collection of revenue and the expenditure of funds and to authorize and direct reduction of appropriations as may be necessary to prevent a deficit.

(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 three fiscal years out of future revenues until the three percent 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 three percent General Reserve Fund is restored.

(B) The General Assembly, in the annual general appropriations act, shall appropriate, out of the estimated revenue of the general fund for the fiscal year for which the appropriations are made, into a Capital Reserve Fund, which is separate and distinct from the General Reserve Fund, an amount equal to two percent of the general fund revenue of the latest completed fiscal year.

(1) The General Assembly must provide by law that if before March first the revenue forecast for the current fiscal year projects that revenues at the end of the fiscal year will be less than expenditures authorized by appropriation for that year, then the current year’s appropriation to the Capital Reserve Fund first must be reduced to the extent necessary before mandating any reductions in operating appropriations.

(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:

(a) to finance in cash previously authorized capital improvement bond projects;

(b) to retire interest or principal on bonds previously issued;

(c) for capital improvements or other nonrecurring purposes.

(3)(a) Any appropriation of monies from the Capital Reserve Fund as provided in this subsection must be ranked in priority of expenditure and is effective thirty days after completion of the fiscal year.  If it is determined that the fiscal year has ended with an operating deficit, then the monies appropriated from the Capital Reserve Fund must be reduced based on the rank of priority, beginning with the lowest priority, to the extent necessary and applied to the year‑end operating deficit before withdrawing monies from the General Reserve Fund.

(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. (1979 Act No. 34, eff March 28, 1979;  1985 Act No. 10, Section 5, eff February 26, 1985;  1989 Act No. 1, Section 1, eff February 8, 1989.)

ARTICLE IV.

 EXECUTIVE DEPARTMENT

SECTION 1. Chief Magistrate.

The supreme executive authority of this State shall be vested in a Chief Magistrate, who shall be styled “The Governor of the State of South Carolina.” (1972 (57) 3171;  1973 (58) 48.)

SECTION 2. Qualifications of Governor.

No person shall be eligible to the office of Governor who denies the existence of the Supreme Being;  and who on the date of such election has not attained the age of thirty years;  and who shall not have been a citizen of the United States and a citizen and resident of this State for five years next preceding the day of election.  No person while Governor shall hold any office or other commission (except in the militia) under the authority of this State, or of any other power. (1972 (57) 3171;  1973 (58) 48.)

SECTION 3. Election of Governor;  Governor may not serve more than two successive terms.

The Governor shall be elected by the qualified voters of the State at the regular election every other even‑numbered year after 1970.  No person shall be elected Governor for more than two successive terms. (1981 Act No. 5, eff February 24, 1981.)

SECTION 4. Term of Governor.

The term of office of the Governor shall be four years, beginning at noon on the first Wednesday following the second Tuesday in January next after his election and ending at noon on the first Wednesday following the second Tuesday in January four years later.

SECTION 5. Person having highest number of votes to be Governor;  tie vote.

In the general election for Governor, the person having the highest number of votes shall be Governor.  In the event of a tie vote, as the first order of business after its organization, the General Assembly in joint session shall elect the Governor from the candidates having received the tie vote by the affirmative vote of a majority of the combined membership of both houses.

SECTION 6. Succession when Governor‑elect dies, declines to serve or fails to take oath.

If the Governor‑elect dies or declines to serve, the Lieutenant Governor‑elect shall become Governor for a full term.  If the Governor‑elect fails to take the oath of office at the commencement of his term, the Lieutenant Governor shall act as Governor until the oath is administered. 

SECTION 7. Succession when neither Governor‑elect nor Lieutenant Governor‑elect qualifies or is able to serve.

In the event that neither the Governor‑elect nor the Lieutenant Governor‑elect shall qualify, or if after taking the oath of office neither shall be able to serve for any reason whatsoever, the office of Governor for the time being shall devolve upon such officers and in such order of succession as may be provided by law.  Any such officers while exercising the powers of the Governor for the time being under this provision shall not be subject to the dual office‑holding provision of this Constitution. 

SECTION 8. Election, qualifications and term of Lieutenant Governor.

A Lieutenant Governor shall be chosen at the same time, in the same manner, continue in office for the same period, and be possessed of the same qualifications as the Governor.

SECTION 9. President Pro Tempore of Senate;  Senator acting as Lieutenant Governor.

The Senate shall as soon as practicable after the convening of the General Assembly choose a President Pro Tempore to act in the absence of the Lieutenant Governor.  A member of the Senate acting as Lieutenant Governor shall thereupon vacate his seat and another person shall be elected in his stead.