S 175 Session 112 (1997-1998)
S 0175 Joint Resolution, By Martin
A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE VI, SECTION 3, OF THE
CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO DUAL OFFICEHOLDING, SO AS TO
DEFINE AN OFFICE OF HONOR OR PROFIT FOR DUAL OFFICE HOLDING PURPOSES AS A
POSITION WHERE THE HOLDER EXERCISES THE SOVEREIGN POWER OF THE STATE,
INCLUDING THE POWER TO LEVY AND COLLECT TAXES, COMPEL THE ISSUANCE OF BONDS
BACKED BY THE FULL FAITH AND CREDIT OF THE STATE, REGULATE, GRANT OR REVOKE
LICENSES, IMPOSE FINES, BRING CIVIL PROCEEDINGS IN THE NAME OF A GOVERNMENTAL
ENTITY AGAINST PRIVATE CITIZENS, ARREST, IMPRISON, ADJUDICATE DISPUTES, OR
BRING EMINENT DOMAIN PROCEEDINGS; TO CLARIFY WHEN A PERSON IS NOT A DUAL
OFFICEHOLDER; TO PROVIDE THAT A PERSON MAY BE AN OFFICEHOLDER FOR A POLITICAL
SUBDIVISION ON A COUNTY OR MUNICIPAL LEVEL AND HOLD ANOTHER OFFICE FOR A
SEPARATE AND DISTINCT POLITICAL SUBDIVISION AS LONG AS TEH EXERCISE OF POWERS
IN ONE OFFICE DOES NOT AFFECT THE EXERCISE OF POWERS IN THE OTHER OFFICE; AND
PROPOSING AN AMENDMENT TO ARTICLE XVII, SECTION 1A, RELATING TO QUALIFICATIONS
FOR OFFICE, SO AS TO DELETE THE REDUNDANT REFERENCE TO HOLDING TOW OFFICES AT
THE SAME TIME.
01/15/97 Senate Introduced and read first time SJ-4
01/15/97 Senate Referred to Committee on Judiciary SJ-4
A JOINT RESOLUTION
PROPOSING AN AMENDMENT TO ARTICLE VI, SECTION 3,
OF THE CONSTITUTION OF SOUTH CAROLINA, RELATING
TO DUAL OFFICEHOLDING, SO AS TO DEFINE AN OFFICE
OF HONOR OR PROFIT FOR DUAL OFFICE HOLDING
PURPOSES AS A POSITION WHERE THE HOLDER
EXERCISES THE SOVEREIGN POWER OF THE STATE,
INCLUDING THE POWER TO LEVY AND COLLECT TAXES,
COMPEL THE ISSUANCE OF BONDS BACKED BY THE FULL
FAITH AND CREDIT OF THE STATE, REGULATE, GRANT OR
REVOKE LICENSES, IMPOSE FINES, BRING CIVIL
PROCEEDINGS IN THE NAME OF A GOVERNMENTAL
ENTITY AGAINST PRIVATE CITIZENS, ARREST, IMPRISON,
ADJUDICATE DISPUTES, OR BRING EMINENT DOMAIN
PROCEEDINGS; TO CLARIFY WHEN A PERSON IS NOT A
DUAL OFFICEHOLDER; TO PROVIDE THAT A PERSON MAY
BE AN OFFICEHOLDER FOR A POLITICAL SUBDIVISION ON
A COUNTY OR MUNICIPAL LEVEL AND HOLD ANOTHER
OFFICE FOR A SEPARATE AND DISTINCT POLITICAL
SUBDIVISION AS LONG AS THE EXERCISE OF POWERS IN
ONE OFFICE DOES NOT AFFECT THE EXERCISE OF POWERS
IN THE OTHER OFFICE; AND PROPOSING AN AMENDMENT
TO ARTICLE XVII, SECTION 1A, RELATING TO
QUALIFICATIONS FOR OFFICE, SO AS TO DELETE THE
REDUNDANT REFERENCE TO HOLDING TWO OFFICES AT
THE SAME TIME.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. It is proposed that Article VI, Section 3, of the
Constitution of this State be amended to read:
"Section 3. No person may hold two offices of honor or profit
at the same time. This limitation does not apply to officers in the
militia, notaries public, members of lawfully and regularly organized
fire departments, constables, or delegates to a constitutional
convention.
(A) A person may not hold more than one office of honor or
profit in this State at the same time. An 'office of honor or profit' is
defined as a position where the holder exercises sovereign powers on
behalf of the state or its political subdivisions, including the power to:
(1) levy and collect taxes;
(2) compel the issuance of bonds backed by the full faith and
credit of the state;
(3) regulate;
(4) grant or revoke licenses;
(5) impose fines;
(6) bring civil proceedings in the name of a governmental entity
against private citizens;
(7) arrest;
(8) imprison;
(9) adjudicate disputes, whether judicial, administrative, or
quasi-judicial; or
(10) bring eminent domain proceedings.
(B) Notwithstanding subsection (A), a person is not holding an
office for the purposes of dual officeholding if the person:
(1) acts in a purely advisory capacity, either individually or as
part of a committee, board, or other group;
(2) is an employee, acting solely on behalf of the officeholder,
as defined by this section;
(3) is a constable;
(4) is a notary public;
(5) is an officer of the militia;
(6) is a member of an organized fire department;
(7) is a delegate to a constitutional convention;
(8) is a circuit judge of this State designated by the Chief Justice
or, in his stead, the Senior Associate Justice, to preside over a hearing
because any or all of the Justices of the Supreme Court are
disqualified or otherwise prevented from presiding for the reasons set
forth in Section 6, Article V of this Constitution; or
(9) is otherwise exempted by this Constitution.
(C) A person may be an officeholder for a political subdivision on
a county or municipal level and hold another office for a separate and
distinct political subdivision as long as the exercise of powers in one
office does not affect the exercise of powers in the other office."
SECTION 2. It is further proposed that Article XVII, Section 1A,
of the Constitution of this State be amended to read:
"Section 1A. Every qualified elector is eligible to any office to be
voted for, unless disqualified by age, as prescribed in this
Constitution or other requirements of this Constitution.
No person may hold two offices of honor or profit at the same
time, but any person holding another office may at the same time be
an officer in the militia, member of a lawfully and regularly
organized fire department, constable, or a notary public. The
limitation above set forth "No person may hold two offices of
honor or profit at the same time," does not apply to the circuit
judges of the State under the circumstances stated in this section, but
whenever it appears that any or all of the Justices of the Supreme
Court are disqualified or otherwise prevented from presiding in any
cause for the reasons set forth in Section 6 of Article V of the
Constitution, the Chief Justice or in his stead the Senior Associate
Justice when available shall designate the requisite number of circuit
judges for the hearing and determination of the hearing. The
limitation above set forth does not prohibit any officeholder from
being a delegate to a constitutional convention."
SECTION 3. The proposed amendment must be submitted to the
qualified electors at the 1998 general election. Ballots must be
provided at the various voting precincts with the following words
printed or written on the ballots:
"Must Article VI, Section 3, of the Constitution of this State be
amended by defining an office of honor or profit for dual
officeholding purposes as a position where the holder exercises the
sovereign power of the State including the power to levy and collect
taxes, compel the issuance of bonds backed by the full faith and
credit of the state, regulate, grant or revoke licenses, impose fines,
bring civil proceedings in the name of a governmental entity against
private citizens, arrest, imprison, adjudicate disputes, or bring
eminent domain proceedings; to clarify when a person is not a dual
officeholder; to provide that a person may be an officeholder for a
political subdivision on a county or municipal level and hold another
office for a separate and distinct political subdivision as long as the
exercise of powers in one office does not affect the exercise of
powers in the other office; and must Article XVII, Section 1A of the
Constitution of this State be amended by deleting the redundant
reference to holding two offices at the same time?
Yes []
No []
Those voting in favor of the question shall deposit a ballot with a
check or cross mark in the square after the word 'Yes', and those
voting against the question shall deposit a ballot with a check or cross
mark in the square after the word 'No'."
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