South Carolina 2025-2026 Regular Session

South Carolina Senate Bill S0035

Introduced
1/14/25  
Refer
1/14/25  

Caption

Constitutional amendment

Summary

S. 35 is a proposed constitutional amendment that would remove the Comptroller General from South Carolina’s Constitution as an elected constitutional officer and abolish the office 60 days after ratification. The bill directs the General Assembly to assign the Comptroller General’s duties and responsibilities by law, rather than leaving those functions tied to a constitutionally created office. It also makes a related change to the Adjutant General provision, shifting that office to gubernatorial appointment with Senate advice and consent after the current term expires. The resolution also revises two other constitutional sections to conform to the elimination of the Comptroller General. In the governor-disability provision, it removes the Comptroller General from the group of officers who can initiate a declaration that the Governor is unable to serve. In the state debt provision, it replaces the Comptroller General with the Governor as the official who must levy an ad valorem tax if general obligation debt service is not paid when due. The measure would be submitted to voters at the next general election for representatives, with a single ballot question covering all three constitutional changes.

Impact

If ratified, the amendment would change South Carolina’s Constitution by eliminating the Comptroller General as a constitutional office, shifting its duties to statutory law, and revising related constitutional references in the governor-succession/disability and state debt enforcement provisions. It would also alter the method of selecting the Adjutant General from election to appointment. The practical effect would be to give the General Assembly greater flexibility over the accounting and fiscal oversight functions currently associated with the Comptroller General, while also updating constitutional procedures that currently depend on that office.

Sentiment

The available record shows a favorable committee recommendation, with the Senate Judiciary Committee reporting that the resolution should pass. No floor votes or public transcripts are included in the provided materials, so there is no broader recorded debate here. Based on the bill’s advancement out of committee and the absence of recorded opposition in the supplied context, the immediate legislative sentiment appears generally supportive.

Contention

The main point of contention is likely the elimination of an elected constitutional office and the transfer of its duties to statute, which reduces the office’s independent constitutional status and gives the legislature more control over its functions. A second issue is the related change to the governor-disability process, because removing the Comptroller General narrows the group of officers who can trigger a declaration of gubernatorial incapacity. The debt-service provision also raises a structural concern by shifting the tax-levy duty from the Comptroller General to the Governor. Supporters likely view these changes as modernization and consolidation; opponents would likely focus on loss of independence, checks and balances, and voter control over a constitutional office.

Companion Bills

No companion bills found.

Previously Filed As

SC H3491

Constitutional amendment

SC H4716

Constitutional Amendment

SC H3999

Constitutional Amendment, dual office holding exclusions

SC S0590

Term Limits Constitutional Amendment

SC S0815

Constitutional amendment

SC H3499

Constitutional amendment

SC S0248

Constitutional amendment proposed, Commissioner of Agriculture

SC H4926

Constitutional Amendment

SC S0153

Constitutional amendment

SC H3507

Constitutional Amendment

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