South Carolina Legislative History

Professor Lisa Smith-Butler Advanced Legal Research Fall 2016

Compiling a South Carolina Legislative History

To begin a limited compilation of a legislative history in South Carolina, begin by visiting South Carolina’s Legislature Online site.

The Process

In South Carolina, the legislative process is similar to that of the federal legislative process.

A bill is introduced in either the House or Senate, read, and then referred to the appropriate committee.

While in committee, there may be hearings on the bill as well as committee reports and staff analysis.

The Process Continued

The bill may be amended or left intact. It is then reported to the floor of the legislative chamber where it is debated.

It is voted on and either fails or passes both the Senate & House. If it passes both chambers, it is engrossed and sent on the Governor. Once the Governor signs it, it is then enrolled as a new law.

Documents Needed

Bill Committee Hearings & Reports Staff Analysis House & Senate Debates Governor Vetoes or Remarks

Process of Compiling a Legislative History Begin by checking the History and Reporter’s Comments at the end of a

statutory provision of the South Carolina Code of Laws. The History note provides a citation to the session laws, the Acts and Joint Resolutions of the State of South Carolina.

South Carolina Legislative Bill Information Once the researcher obtains the bill number from the

South Carolina session laws, consult the South Carolina Legislative Digest.

In this loose leaf, look up the bill by number. It will then list the bill’s sponsor, provide a brief abstract about the purpose of the bill, list the South Carolina Code of Laws to be amended, and the committees to which the bill was sent. This resource also has a subject index, a sponsor report, and cross references.

Consult the South Carolina House and Senate Journals on the dates debate is indicated.

Today, much of South Carolina’s legislative history or bill information is placed on its Internet site, South Carolina Legislature Online, at http://www.scstatehouse.gov/ .

State archives can also be contacted at (803) 896-6104 for additional information.

Consult South Carolina Code of Laws @Legislature Online

A quick look at this resource quickly reflects that while it does publish a code, i.e., a subject arrangement of the laws currently in force, it is not an annotated code.

How do we know this? An annotated code would include citations and

references to the History & Reporter’s Comments, i.e. the legislative history.

South Carolina Code of Laws (West) Annotated

Locate: South Carolina Code of Laws §15-3-20 Last Amended 2002

A Quick Glance at the History Indicates….

This civil procedure statute appears to have first been officially enacted into the 1870 South Carolina code.

Since then, it has been amended 8 times. It was amended in 1902, 1912, 1922, 1932, 1942, 1952, 1962, & 2002. The 2002 amendment included 1 act: Act # 281, Section 1. Use the

session laws to locate the 2002 amendment.

Thus Act 281, Amending Section 15-3-20, began life as House Bill 4656 in the 2002 session.

Any Bill Variations? No.

Debate? Discussion

Committee Reports: Yes

Signed by the Governor in May 24, 2002 & Became Effective on that Date

Conclusion

Questions? Stop by the library’s Reference Desk for help in Room 121, call

843.377.4050 or send an email to reference@charlestonlaw.edu .