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Indicates Matter Stricken
Indicates New Matter
H. 3511
STATUS INFORMATION
General Bill
Sponsors: Reps. Umphlett, G. Brown, Clemmons, Dantzler, Leach, M.A. Pitts and Viers
Document Path: l:\council\bills\dka\3125ssp07.doc
Introduced in the House on February 13, 2007
Introduced in the Senate on April 25, 2007
Last Amended on April 24, 2007
Currently residing in the Senate Committee on Judiciary
Summary: Dual officeholders
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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2/13/2007 House Introduced and read first time HJ-38
2/13/2007 House Referred to Committee on Judiciary HJ-38
4/18/2007 House Committee report: Favorable with amendment Judiciary
HJ-26
4/24/2007 House Amended HJ-115
4/24/2007 House Read second time HJ-116
4/25/2007 House Read third time and sent to Senate HJ-25
4/25/2007 Senate Introduced and read first time SJ-21
4/25/2007 Senate Referred to Committee on Judiciary SJ-21
4/26/2007 Senate Referred to Subcommittee: Moore (ch), Ford, Rankin, Scott
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
Indicates Matter Stricken
Indicates New Matter
AMENDED
April 24, 2007
H. 3511
Introduced by Reps. Umphlett, G. Brown, Clemmons, Dantzler, Leach, M.A. Pitts and Viers
S. Printed 4/24/07--H.
Read the first time February 13, 2007.
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 AN OFFICER IN THE MILITIA, A NOTARY PUBLIC, A DELEGATE TO A CONSTITUTIONAL CONVENTION, A LAW ENFORCEMENT OFFICER WHO HOLDS A LOCAL OFFICE AND A CORRECTIONS OFFICER WHO HOLDS A LOCAL OFFICE ARE NOT CONSIDERED A DUAL OFFICEHOLDER FOR THE PURPOSES OF THE CONSTITUTION OF SOUTH CAROLINA, 1895.
Amend Title To Conform
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 another 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) an officer in the militia;
(2) a notary public;
(3) a delegate to a constitutional convention;
(4) a law enforcement officer who holds a local office in a political subdivision other than the one in which he serves as a law enforcement officer;
(5) a corrections officer of a political subdivision who holds a local office in a political subdivision other than the one in which he serves as a corrections officer;
(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 a political subdivision other than the one in which he sits as a judge."
SECTION 3. This act takes effect upon approval by the Governor and upon ratification of the constitutional amendment exempting from the prohibition against holding two offices of honor or profit in the Constitution of the State a law enforcement officer and corrections officer employed by a political subdivision other than the one in which they serve as a law enforcement or corrections officer.
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