SOUTH CAROLINA GENERAL ASSEMBLY 115TH SESSION 20032004 S 247

0 SPATIAL PLANNING TEAM SOUTH GLOUCESTERSHIRE COUNCIL
7 SOUTH AUSTRALIAN MULTICULTURAL AND ETHNIC AFFAIRS
APPLICATION FORM FOR MEMBERSHIP OF INNER SOUTH FAMILY

BHARAT PETROLEUM CORPORATION LTD MATERIALS DEPARTMENT SOUTHERN REGIONAL
CHANGE AND DISADVANTAGE IN THE BARWON SOUTH WEST
LAMBETH AND SOUTHWARK COMMUNITY FOOT HEALTH SERVICES REFERRAL

2003-2004 Bill 247: Dual office holder; definition - South Carolina Legislature Online

South Carolina General Assembly

115th Session, 2003-2004


S. 247


STATUS INFORMATION


General Bill

Sponsors: Senator Grooms

Document Path: l:\council\bills\bbm\9389zw03.doc

Companion/Similar bill(s): 3551


Introduced in the Senate on January 22, 2003

Currently residing in the Senate Committee on Judiciary


Summary: Dual office holder; definition



HISTORY OF LEGISLATIVE ACTIONS


Date Body Action Description with journal page number

1/22/2003 Senate Introduced and read first time SJ‑8

1/22/2003 Senate Referred to Committee on Judiciary SJ‑8



VERSIONS OF THIS BILL


1/22/2003










A BILL


TO AMEND SECTION 8‑1‑130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC OFFICERS NOT CONSIDERED DUAL OFFICEHOLDERS SO AS TO PROVIDE THAT A MUNICIPAL POLICE OFFICER IS NOT CONSIDERED A DUAL OFFICEHOLDER FOR THE PURPOSES OF SECTION 3, ARTICLE VI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, IF HE HOLDS AN OFFICE IN ANOTHER POLITICAL SUBDIVISION.


Be it enacted by the General Assembly of the State of South Carolina:


SECTION 1. The General Assembly finds that the Constitution of South Carolina, 1895, prohibits a person from holding two offices of honor or profit at the same time. The General Assembly further finds that the critical inquiry in analyzing dual office holding is whether each position is a public office. By this act, the General Assembly clarifies that certain named positions are not considered public offices for purposes of the constitutional ban on dual office holding.


SECTION 2. Section 8‑1‑130 of the 1976 Code is amended to read:


“Section 8‑1‑130. Notwithstanding any other provision of law, for purposes of the prohibition against holding two offices of honor or profit provided in the Constitution of this State, the prohibition does not apply to:

(1) officers in the militia;

(2) notaries public;

(3) delegates to a constitutional convention;

(4) municipal police officers;

(5) corrections officers;

(6) Any a member of a lawfully and regularly organized fire department,;

(7) a county veterans affairs officer,;

(8) a constable,; or

(9) a municipal judge serving as attorney for another city is not considered to be a dual officeholder, by virtue of serving in that capacity, for the purposes of the Constitution of this State political subdivision.”


SECTION 3. This act takes effect upon ratification of the amendments to Section 24, Article III; Section 3, Article VI; and Section 1A, Article XVII of the Constitution of this State.

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