The South Carolina Code of Laws, specifically Title 2, Chapter 1, Section 2-1-110, outlines the process for the engrossment and enrollment of bills. Engrossment involves consolidating all amendments adopted by the originating house into the bill’s text. Enrollment, on the other hand, is the final preparation of the bill in its correct form after it has passed both houses and has been signed by the presiding officers of each chamber. This process ensures the official record of the law is accurate and complete, reflecting all legislative actions. The South Carolina House of Representatives and Senate each have specific rules and procedures governing these stages. The enrolled bill is then transmitted to the Governor for action. Understanding this sequence is crucial for legislative drafters to ensure bills are properly processed and become law. The question tests the understanding of the final stage of a bill’s journey before it reaches the Governor’s desk, which is the enrollment process.

In South Carolina, the process of amending the state constitution is governed by Article XVII of the South Carolina Constitution. This article outlines a two-step procedure. First, a proposed amendment must be agreed to by two-thirds of the members elected to each house of the General Assembly. This supermajority requirement ensures significant legislative consensus before an amendment can be placed before the electorate. Following legislative approval, the proposed amendment must be submitted to the qualified electors of South Carolina for ratification at the next general election. A majority of the votes cast in that election is required for the amendment to become part of the state constitution. This dual approval process, involving both legislative supermajority and popular vote, serves as a safeguard against hasty or ill-considered changes to the fundamental law of the state. The specific phrasing of the question focuses on the initial legislative hurdle, requiring a precise understanding of the required vote threshold in each chamber.

The South Carolina General Assembly’s legislative drafting process adheres to specific rules and conventions to ensure clarity, consistency, and legal efficacy. When drafting legislation, particularly amendments to existing statutes, a key consideration is the proper citation of the law being modified. South Carolina Code Annotated (S.C. Code Ann.) is the official codification of the state’s laws. When referring to a specific section, it is crucial to use the correct format, which includes the title number, chapter number, and section number. For instance, a section within Title 1, Chapter 1, Section 1 would be cited as S.C. Code Ann. § 1-1-10. The question asks about amending a section within Title 27, Chapter 3, Section 120. Therefore, the correct citation format for this specific section is S.C. Code Ann. § 27-3-120. This precise citation is fundamental for identifying the exact legal provision that the amendment intends to alter, preventing ambiguity and ensuring that the legislative intent is accurately reflected in the codified law. Understanding these citation conventions is vital for legislative drafters to maintain the integrity and accessibility of South Carolina’s statutory law.

The South Carolina General Assembly, when drafting legislation, must adhere to constitutional requirements and established drafting conventions to ensure clarity, enforceability, and legal soundness. One critical aspect is the proper numbering and referencing of sections within the South Carolina Code of Laws. When a new act amends existing law, it must clearly identify the specific section(s) being altered. For instance, if an act intends to modify Section 12-37-220 of the South Carolina Code of Laws concerning property tax exemptions for disabled veterans, the drafting would specify this. The process involves referencing the existing Code section by its official designation. Subsequent sections within the same act that further elaborate on or implement the amendment would be numbered sequentially following the amendment itself, typically using the Act’s own numbering system, not the Code of Laws numbering system unless they are becoming part of the permanent Code. Therefore, a bill that amends Section 12-37-220 and then introduces a new procedural requirement related to that amendment would structure its sections accordingly. The amendment to the existing code section is the primary action, and any new provisions are numbered as part of the bill’s structure, distinct from the Code section being amended. The concept of “enacting clauses” and “effective dates” are also vital components of legislative drafting, but the question focuses on the internal structure and referencing of amendments to the Code. The correct option reflects the accurate way to reference and structure legislative text that modifies existing statutory law in South Carolina.

The South Carolina General Assembly, when drafting legislation, must adhere to constitutional mandates and established legal principles. Article III, Section 17 of the South Carolina Constitution requires that bills contain only one subject, which shall be expressed in the title. This is often referred to as the “single-subject rule.” The purpose of this rule is to prevent “logrolling,” where unrelated provisions are bundled together to secure passage, and to ensure that legislators and the public are adequately informed about the content of proposed legislation. When a bill violates this rule, it can be challenged in court. The General Assembly also operates under the principle of legislative intent, which guides the interpretation of statutes. Understanding the legislative history, including committee reports and floor debates, is crucial for discerning this intent. Furthermore, the drafting process must consider existing statutory law to avoid conflicts and ensure coherence within the South Carolina Code of Laws. The principle of severability, often included in legislation, allows for the invalidation of unconstitutional parts of a law without invalidating the entire act, provided the remaining provisions can stand independently and give effect to the legislative purpose. In this scenario, a bill concerning the regulation of public utilities also included provisions for the establishment of a new state park. This dual subject matter clearly violates the single-subject rule mandated by the state constitution. Therefore, the most appropriate action for a legislator or legal counsel reviewing this bill would be to identify and address this constitutional deficiency. The correct approach is to separate the provisions into two distinct bills, each addressing a single, clearly defined subject, and to ensure each bill’s title accurately reflects its content. This upholds the constitutional requirement and promotes transparent and efficient lawmaking.

The scenario involves a proposed amendment to the South Carolina Code of Laws concerning environmental permitting for industrial facilities. Specifically, the amendment seeks to streamline the process by allowing for a single, consolidated permit for facilities that previously required multiple distinct permits. The core legislative drafting principle being tested here is the effective use of cross-referencing and the avoidance of redundancy when amending existing statutes. When amending a section of the South Carolina Code, particularly one that is frequently referenced or amended itself, it is crucial to ensure that all internal references within that section are updated to reflect the new numbering or wording. If the amendment introduces a new section or subsection that is intended to supersede or modify an existing provision, the amendment language must clearly indicate this intent. Failing to update all cross-references can lead to ambiguity, legal challenges, and confusion about the operative law. In this case, if Section 48-1-100(A) is being amended to consolidate permitting, and this subsection (A) previously referenced other subsections or sections that are now being repealed or substantially altered by the consolidation, those cross-references must be explicitly corrected or removed within the text of Section 48-1-100(A) itself. This ensures that the amended statute is internally consistent and accurately reflects the legislative intent. The principle is to maintain the integrity and clarity of the statutory framework by ensuring all internal pointers remain valid after an amendment.

The South Carolina General Assembly operates under a bicameral system, with the House of Representatives and the Senate. Bills must pass both chambers in identical form before being presented to the Governor for approval or veto. If a bill passes one chamber but is amended by the other, a conference committee is typically appointed to reconcile the differences. The conference committee’s report, which contains the agreed-upon language, must then be approved by both the House and the Senate without further amendment. If either chamber rejects the conference report, the bill may die or be sent back for further negotiation. In the scenario presented, the House of Representatives passes Bill H.123, which is then amended by the Senate. The Senate’s amendments alter the substantive intent of the original House bill by changing the designated recipient of funds. For the bill to proceed, the House must agree to the Senate’s amendments. If the House does not agree and no conference committee is appointed or the conference committee cannot reach an agreement, the bill fails to become law in its amended form. Therefore, the most accurate legislative action for the House to take if it disagrees with the Senate’s amendments and wishes to continue the legislative process without accepting the Senate’s changes is to request a conference committee. This allows for negotiation and potential compromise on the differing provisions.

The South Carolina General Assembly operates under a bicameral system. When a bill is introduced, it must pass both the House of Representatives and the Senate. The process involves committee review, floor debate, and voting in each chamber. If a bill passes one chamber, it is then sent to the other chamber for a similar process. If the second chamber amends the bill, it must then be reconciled with the original version. This reconciliation typically occurs through a conference committee composed of members from both chambers. The conference committee’s report, which contains the agreed-upon language, must then be approved by both the House and the Senate. Once approved by both chambers in identical form, the bill is sent to the Governor for signature or veto. The question asks about the stage where differences between the House and Senate versions of a bill are resolved. This resolution process is specifically handled by a conference committee. Therefore, the correct answer is the formation and report of a conference committee.

The South Carolina Code of Laws, particularly Title 1, Chapter 3, addresses the official seals of the state. Section 1-3-10 specifies the Great Seal of South Carolina, describing its design and use. Section 1-3-20 further elaborates on the custody and use of the seal by the Governor. When a legislative bill proposes to amend an existing law, the drafting process must ensure that the amendment accurately reflects the intent of the legislation and does not inadvertently alter other provisions or the fundamental character of the law being amended. In this scenario, a bill seeks to alter the description of the Great Seal of South Carolina. Such an alteration would necessitate a direct amendment to Section 1-3-10 of the South Carolina Code of Laws, as this section specifically delineates the components and imagery of the official seal. Modifying other sections, such as those pertaining to the Governor’s duties or general provisions on state symbols, would not directly address the change in the seal’s description itself and could lead to inconsistencies or a failure to properly enact the intended change. The core of the legislative task is to precisely target the statutory language that defines the object of the amendment.

The South Carolina General Assembly operates under a bicameral system, with bills requiring passage by both the House of Representatives and the Senate. A bill can originate in either chamber. Once introduced, it undergoes committee review, floor debate, and voting in the originating chamber. If passed, it then proceeds to the other chamber, where it follows a similar process of committee review, floor debate, and voting. If the second chamber amends the bill, it must be returned to the originating chamber for concurrence on the amendments. If the originating chamber does not concur, a conference committee may be appointed to reconcile the differences. If an agreement is reached and approved by both chambers, the bill is then sent to the Governor for approval or veto. The Governor has a specific period to act. If the Governor vetoes the bill, the General Assembly may override the veto with a two-thirds vote in both the House and the Senate. The drafting process requires meticulous attention to the rules of each chamber and the constitutional requirements for legislation in South Carolina, ensuring clarity, precision, and legal sufficiency. Understanding the procedural path of a bill is fundamental to effective legislative drafting, as it dictates the timing and form of amendments and final passage.

The South Carolina General Assembly operates under a bicameral system, with bills requiring passage by both the House of Representatives and the Senate. The legislative drafting process in South Carolina, as in many states, involves meticulous attention to detail to ensure clarity, enforceability, and adherence to constitutional principles. When a bill is introduced, it typically goes through several readings and committee reviews in each chamber. A key aspect of legislative drafting is ensuring that proposed legislation does not conflict with existing state statutes or federal law. The process of amending a bill is also critical, as amendments must be germane to the original subject matter of the bill. If a bill passes one chamber with amendments, it must then be sent to the other chamber for concurrence on those amendments. If the second chamber does not concur, a conference committee is usually appointed to reconcile the differences. The final version of the bill, agreed upon by both chambers, is then sent to the Governor for signature, veto, or to become law without signature. The question tests the understanding of the procedural requirements for a bill to become law in South Carolina, specifically focusing on the interaction between the two legislative chambers after an amendment has been made in the originating chamber and the second chamber has not concurred. The correct procedure requires the originating chamber to either recede from its position on the amendment or for a conference committee to be formed to resolve the disagreement. Simply returning the bill to the originating chamber without further action does not advance the bill toward enactment.

The South Carolina Code of Laws, specifically Title 2, Chapter 1, Section 2-1-230, outlines the process for legislative review of administrative rules. This section mandates that proposed rules must be submitted to the General Assembly for review. The review process involves referral to the appropriate standing committees of both the House and the Senate. These committees then have a specific period to review the proposed rule. If a committee finds the rule to be objectionable, it can introduce a resolution of disapproval. If such a resolution is adopted by either chamber, the rule is deemed disapproved. The General Assembly’s review is a critical check on the executive branch’s rulemaking authority, ensuring that administrative regulations align with legislative intent and public policy. The timeframe for committee review is crucial; if no action is taken within the prescribed period, the rule is considered approved by that committee. The ultimate disapproval requires affirmative action by a legislative chamber. Therefore, understanding the statutory timelines and the procedural mechanisms for legislative disapproval is paramount for drafters to ensure compliance and anticipate potential challenges to proposed regulations in South Carolina.

The scenario involves a proposed amendment to South Carolina’s Code of Laws concerning the regulation of drone usage for commercial purposes. The drafting process requires careful consideration of existing statutory frameworks and potential conflicts. Specifically, the proposed legislation aims to establish a statewide registration system for commercial drones, requiring an annual fee. This fee structure and the authority to collect and manage it must align with established South Carolina tax law principles and administrative procedures. The question probes the legislative drafter’s understanding of how to integrate a new fee mechanism into the existing legal architecture without creating ambiguity or overstepping established governmental powers. The core issue is whether the proposed fee is considered a tax, a regulatory fee, or a license. In South Carolina, a tax is generally levied for general revenue purposes, while a regulatory fee is typically imposed to cover the cost of specific governmental services or oversight. The authority to levy taxes is vested in the General Assembly. If the fee is intended to cover the administrative costs of the drone registration program, including enforcement and oversight, it would likely be classified as a regulatory fee. The General Assembly, through the legislative drafting process, would empower a specific state agency, such as the Department of Revenue or an aviation authority, to administer and collect this fee. The drafter must ensure the language clearly defines the purpose of the fee and grants the appropriate administrative authority. The phrase “for the purpose of funding the administration and enforcement of this chapter” strongly suggests a direct correlation between the fee and the costs of the regulatory program. Therefore, the fee functions as a regulatory fee.

South Carolina Code of Laws Section 1-1-10(a) defines “person” broadly to include individuals, corporations, associations, partnerships, and other legal entities. When drafting legislation, a drafter must consider the precise scope of terms used. If a bill is intended to apply only to natural persons, it must explicitly state “natural person” or “individual.” Conversely, if it is meant to encompass all entities capable of legal action, “person” as defined in Section 1-1-10(a) would be appropriate. The question hinges on identifying the broadest possible interpretation of a term commonly used in legislative drafting, consistent with South Carolina statutory definitions. Understanding how statutory definitions impact the application of a law is crucial for ensuring legislative intent is accurately captured and that the law operates as intended across all relevant entities within the state. This includes anticipating potential ambiguities and proactively defining terms or using them in a manner that aligns with established legal definitions to avoid misinterpretation or unintended consequences in the application of enacted statutes. The drafter’s role is to ensure clarity and precision, making informed choices about terminology that reflect the intended reach of the legislation.

The South Carolina General Assembly’s legislative drafting process is governed by specific rules and principles to ensure clarity, consistency, and legal efficacy. When drafting a bill that amends existing South Carolina Code of Laws, particularly concerning administrative agency regulations, a drafter must adhere to established conventions. South Carolina Code Section 1-23-40 outlines the requirements for filing and publishing rules and regulations by state agencies. A core principle in legislative drafting is to clearly indicate which provisions of existing law are being altered, added to, or repealed. This is typically achieved through specific language that denotes amendment or repeal. For instance, if a section of the South Carolina Code of Laws is being modified, the bill must explicitly state which section is being amended and the nature of the amendment. If a new provision is being created, it should be clearly demarcated as such. When a bill proposes to repeal an existing statute or part thereof, the language must be unambiguous in its intent to remove that provision from the law. The question probes the drafter’s understanding of how to properly signal the repeal of a specific statutory provision within a bill. The correct method involves using clear and direct language that explicitly states the intention to repeal the identified section. The phrase “is repealed” is the standard and most direct way to convey this legislative intent. Other options might imply modification, addition, or a less definitive action, failing to meet the requirement of clearly signaling a repeal.

The South Carolina Code of Laws, specifically Title 2, Chapter 1, Section 2-1-230, outlines the process for the enrollment of enrolled bills. This section details the requirement that upon final passage by both the House of Representatives and the Senate, a bill must be immediately presented to the Clerk of the House and the Clerk of the Senate, respectively, for enrollment. Enrollment involves preparing a clean, official copy of the bill, incorporating any amendments agreed upon by both chambers. This process is distinct from the Governor’s review period. The question probes the procedural step immediately following the legislative chambers’ agreement on a bill’s final text, before it reaches the Governor. Therefore, the correct procedural step is the presentation of the bill for enrollment. Other options represent subsequent or unrelated legislative processes. The presentation to the Clerk for enrollment is a mandatory step to create the official legislative record of the enacted law.

The scenario describes a bill that, if enacted, would create a new state agency tasked with environmental protection and regulation within South Carolina. The question probes the constitutional limitations on the legislature’s power to create such an agency, particularly concerning the separation of powers and the delegation of authority. South Carolina, like other states, operates under a framework that divides governmental powers among the legislative, executive, and judicial branches. The legislative branch’s primary role is to make laws. While it can create agencies to implement these laws, it cannot delegate its core legislative function of determining policy or unduly burden the executive branch with tasks that are fundamentally legislative in nature. Article I, Section 8 of the South Carolina Constitution addresses the powers of the General Assembly. The principle of non-delegation of legislative power is a fundamental aspect of constitutional law, preventing the legislature from transferring its law-making authority to another branch or entity without sufficient standards. The creation of a new agency, while a legislative power, must be structured to ensure that the agency’s powers are clearly defined by the statute and that the agency is not effectively usurping legislative or judicial functions. The question tests the understanding that the legislature cannot create an agency that exercises purely judicial powers or that is so broad in its mandate that it effectively becomes a law-making body itself, thereby violating the separation of powers doctrine. Furthermore, the enabling legislation must provide adequate standards and guidelines to direct the agency’s discretion, preventing arbitrary decision-making. The core of the issue lies in ensuring that the agency’s actions remain subordinate to the legislative intent and do not encroach upon the other branches of government.

The South Carolina General Assembly operates under a bicameral system, with bills progressing through both the House of Representatives and the Senate. For a bill to become law, it must pass both chambers in identical form and then be signed by the Governor, or the Governor’s veto must be overridden. A bill can be introduced in either chamber, but certain types of legislation, such as revenue-raising bills, must originate in the House of Representatives, as stipulated by the South Carolina Constitution. Once introduced, a bill typically undergoes committee review, floor debate, and voting in both chambers. Amendments can be proposed and adopted during this process. If the House and Senate pass different versions of a bill, a conference committee is usually appointed to reconcile the differences. The conference committee’s report must then be approved by both chambers. If the Governor vetoes a bill, the General Assembly can override the veto with a two-thirds vote in each chamber. The question tests the understanding of the procedural requirements for a bill to become law in South Carolina, specifically focusing on the necessity of identical passage in both legislative chambers and the Governor’s assent or veto override. The scenario describes a bill that passed the House with amendments and the Senate passed the original version. This procedural disconnect means the bill has not passed both chambers in identical form. Therefore, further action, such as a conference committee or reconsideration, is required before it can be presented to the Governor. The absence of identical passage means it cannot be presented to the Governor for signature at this stage.

The South Carolina Code of Laws, specifically Title 1, Chapter 1, Section 1-1-10, establishes the official English language for all official proceedings within the state. This foundational statute dictates that English is the language in which all laws, legislative acts, and official documents of South Carolina must be written and published. Consequently, any legislative drafting must adhere to this requirement, ensuring all enacted statutes, resolutions, and other official legislative outputs are in English. This principle is crucial for accessibility, uniformity, and the legal enforceability of South Carolina’s laws, aligning with the broader legal framework that requires clarity and public understanding of governmental actions. The intent is to maintain a common linguistic standard for all official state business.

The South Carolina General Assembly, when enacting legislation, must adhere to specific constitutional and procedural requirements. One such requirement, often tested in legislative drafting, involves the proper amendment of existing statutes. When a bill proposes to amend a section of the South Carolina Code of Laws, the bill must clearly indicate which section is being amended and the nature of the amendment. Specifically, if a section is to be repealed and reenacted with changes, the bill should explicitly state this intent. The South Carolina Code of Laws, Section 1-1-10, governs the construction of statutes and generally requires that amendments clearly express the intent of the legislature. Furthermore, legislative practice and rules often dictate that amendments to existing law must be presented in a manner that makes the changes apparent, typically by striking out deleted text and underscoring new text. However, the question focuses on the *repeal and reenactment* of an entire section. In such cases, the bill should clearly state that the section is repealed and then set forth the new section in its entirety. The concept being tested is the procedural accuracy required for amending statutes, particularly when the amendment involves a complete replacement of a section. The legislative drafting manual for South Carolina would emphasize the clarity needed to avoid ambiguity regarding the operative law. The act of repealing a section and enacting a new one is a distinct legislative action that requires precise language to ensure the legal effect is as intended, thereby preventing potential confusion or challenges to the validity of the statute. This process ensures that the public and legal practitioners can readily ascertain the current state of the law.

The South Carolina Code of Laws, specifically Title 2, Chapter 1, Section 2-1-150, outlines the requirements for the preparation and introduction of bills. This section mandates that a bill must be prepared by the Legislative Council and presented to the Clerk of the House of Representatives or the Clerk of the Senate, as appropriate. The bill must then be formally introduced in either chamber. Subsequent sections within Title 2 detail the legislative process, including committee review, readings, and voting. For a bill to become law, it must successfully navigate these procedural steps in both the House and the Senate and receive the Governor’s approval or have a veto overridden. The drafting of legislation in South Carolina is a meticulous process that adheres to established rules and statutes to ensure clarity, constitutionality, and proper legal effect. This involves not only articulating policy intent but also ensuring procedural compliance from inception through enactment. The Legislative Council plays a crucial role in this initial phase, providing expert drafting services to legislators. The question tests the understanding of the foundational procedural steps for introducing legislation in South Carolina, emphasizing the role of the Legislative Council and the initial introduction into a legislative chamber, as stipulated by state law.

The scenario involves drafting a bill that amends existing South Carolina law. Specifically, it concerns the process of codifying a new regulation that impacts the South Carolina Department of Natural Resources (SCDNR). When drafting legislation that modifies the South Carolina Code of Laws, particularly sections administered by state agencies like SCDNR, it is crucial to ensure that the amendment is clear, precise, and legally sound. The process of codification involves assigning a unique identifying number to the new or amended section within the South Carolina Code. This involves consulting the existing structure of the Code, identifying the appropriate title and chapter where the new provision logically fits, and then assigning a new section number. For instance, if the bill creates a new regulatory framework for coastal fishing licenses, it might be placed within Title 50, which deals with Fish, Game, and Watercraft, under a relevant chapter pertaining to marine resources. The drafting must consider whether the new provision supersedes, supplements, or repeals existing sections. The act of codification itself is a mechanical process of assigning a place within the organized body of law, but the substance of the amendment must be carefully crafted to achieve the legislative intent without creating unintended consequences or conflicts with other statutes. The question tests the understanding of how a legislative amendment is integrated into the existing legal framework of South Carolina, focusing on the procedural aspect of assigning a new section number within the official code.

The South Carolina General Assembly, when drafting legislation, must adhere to established principles of statutory construction and constitutional limitations. A key consideration in drafting is ensuring that a bill is germane to its stated purpose and does not encompass unrelated matters, a principle often rooted in constitutional provisions that require single subjects in legislative acts or prohibit “riders.” When a bill is introduced, it undergoes committee review, public hearings, and floor debate, with amendments potentially being offered. If an amendment introduces a subject entirely foreign to the original bill’s intent and scope, it may be challenged as unconstitutional or violating legislative rules. For instance, if a bill initially addresses the regulation of shellfish harvesting in coastal waters, an amendment that adds provisions for state income tax rates would likely be considered not germane. The Legislative Council, tasked with assisting in bill drafting, would advise against such an amendment to maintain legislative integrity and avoid procedural challenges. The principle of germaneness ensures that legislation is focused and that legislators and the public can reasonably understand the scope of a proposed law without encountering extraneous provisions. This promotes transparency and efficient lawmaking.

The South Carolina General Assembly operates under a bicameral system. Bills must pass both the House of Representatives and the Senate in identical form before being presented to the Governor for approval or veto. The process involves multiple readings, committee reviews, and potential amendments in each chamber. Once a bill has passed one chamber, it is transmitted to the other chamber for consideration. If the second chamber passes the bill with amendments, it must then be sent back to the originating chamber for concurrence on those amendments. If the originating chamber does not agree to the amendments, a conference committee, composed of members from both chambers, can be appointed to reconcile the differences. The report of the conference committee, which must be approved by both chambers without amendment, then becomes the final version of the bill. This meticulous process ensures thorough deliberation and review of proposed legislation, a core principle of legislative drafting.

The South Carolina General Assembly operates under a bicameral system. When a bill is introduced in either the House of Representatives or the Senate, it must pass through a series of stages in both chambers to become law. These stages include introduction, referral to committee, committee review and markup, floor debate and amendment, and finally, a vote. If a bill passes one chamber, it is then sent to the other chamber, where it undergoes a similar process. Disagreements between the chambers on the content of a bill are resolved through a conference committee, which attempts to reconcile the differing versions. Once a reconciled version is agreed upon by both chambers, it is then presented to the Governor for approval or veto. The concept of legislative drafting in South Carolina, as in other states, involves understanding the procedural pathways a bill must traverse, the constitutional requirements for legislation, and the substantive legal principles that guide the creation of statutes. The question tests the understanding of this fundamental legislative process, specifically the point at which a bill’s content is finalized for gubernatorial action after passing both legislative chambers. The correct answer reflects the stage where the identical text has been approved by both the House and the Senate, signifying its readiness for the executive branch’s review.

The South Carolina General Assembly’s legislative drafting process requires adherence to specific rules for bill formatting and content to ensure clarity and enforceability. When a bill proposes to amend an existing statute, the common practice, as outlined in legislative drafting manuals and exemplified in South Carolina Code of Laws, is to indicate deletions with a strike-through and additions with underlining. This convention provides a clear visual distinction between the current law and the proposed changes, facilitating review by legislators and stakeholders. For instance, if a section of South Carolina Code Annotated Section 1-1-10, concerning the official state bird, were to be amended to change the species, the original wording would be struck through, and the new wording would be underlined. This method avoids ambiguity and ensures that the exact nature of the legislative amendment is readily apparent. The purpose is to create a self-contained record of the proposed modification, allowing for easy comparison with the existing text without requiring the reader to cross-reference multiple documents simultaneously for every proposed alteration. This meticulous approach is fundamental to producing legislation that is precise, unambiguous, and legally sound, reflecting the rigorous standards of legislative drafting in South Carolina.

The South Carolina Code of Laws, particularly Title 1, Chapter 3, Section 1-3-240, addresses the effective dates of statutes. This section establishes a general rule that acts of the General Assembly become effective on the date of their approval by the Governor, or upon their passage over the Governor’s veto, unless a different date is specified within the act itself. This principle ensures clarity and predictability in the application of new laws. When drafting legislation, drafters must consider whether to include a specific effective date. If no specific date is provided, the statutory default applies. This default is crucial for understanding when a law officially takes effect and binds individuals and entities within South Carolina. Therefore, the absence of a specified effective date in a legislative act means it will take effect upon its approval by the Governor, or upon override of a gubernatorial veto.

The core principle being tested here is the proper application of statutory construction when a conflict arises between a general provision and a specific provision within South Carolina law, or when an amendment alters the original intent of a statute. South Carolina Code of Laws, Section 1-1-90, addresses the effect of amendments on existing statutes, stating that an amendment shall not be construed to revive or reenact any part of a statute that was already expressly repealed. More broadly, when interpreting statutes, courts generally adhere to the principle that a specific provision controls over a general provision when they conflict. This principle, often referred to as “generalia specialibus non derogant” (general things do not derogate from special things), is a fundamental rule of statutory construction. In drafting legislation, drafters must be mindful of how new provisions interact with existing law to avoid unintended consequences or ambiguities. When a new bill is introduced that amends an existing act, the drafter must consider whether the amendment is intended to supersede or clarify the original text. If a bill seeks to modify a specific aspect of a broader statute, the language used should clearly indicate this intent to avoid confusion. For instance, if a general law permits a certain action, but a subsequent, more specific law prohibits it under particular circumstances, the specific law will typically prevail for those circumstances. The legislative intent behind both the original enactment and the amendment is paramount in resolving such conflicts. A drafter’s responsibility includes anticipating these potential conflicts and drafting language that clearly articulates the intended relationship between different statutory provisions.

The scenario presented involves a South Carolina House Bill that proposes to amend Section 1-3-110 of the South Carolina Code of Laws. This section, as it currently stands, dictates the effective date for statutes that do not specify an effective date. The proposed amendment aims to change this default effective date from the date of the Governor’s approval to the first day of the seventh month following the Governor’s approval. To determine the correct effective date under the proposed amendment for a bill approved on July 15, 2024, we must count seven full months from the date of approval. The month of approval, July, is not counted as one of the seven. Therefore, the seven months following July 2024 are August, September, October, November, December, January (2025), and February (2025). The first day of the seventh month after July 2024 is therefore February 1, 2025. This process of counting forward from a specific date to determine a statutory effective date is a fundamental aspect of legislative drafting and statutory interpretation in South Carolina, ensuring clarity and predictability in when new laws take effect, particularly when the legislature has not explicitly stated a different commencement date. The principle is to establish a uniform, predictable delay to allow for public awareness and compliance preparation.

The South Carolina General Assembly, when enacting legislation, must adhere to specific constitutional and procedural requirements. One such requirement relates to the process of amending existing law. When a bill proposes to amend a section of the South Carolina Code of Laws, the bill must clearly indicate which specific section or sections are being amended. This is typically done by referencing the Code section number. For instance, if a bill aims to alter the provisions of Section 12-37-220 of the South Carolina Code of Laws concerning property tax exemptions, the bill itself would explicitly state that it amends that particular section. The purpose of this is to provide clarity and notice to legislators, stakeholders, and the public about the precise legal provisions being modified. Failure to clearly identify the section being amended could render the amendment procedurally defective or ambiguous, potentially leading to challenges in its interpretation and application. The principle is that legislative intent must be discernible from the text of the bill, and this includes identifying the existing law that the proposed legislation modifies. Therefore, a bill proposing to change a specific aspect of the state’s tax code would need to reference the exact Code section governing that aspect.