S 0410 General Bill, By Grooms, Bauer, Mescher, Holland, Ryberg, Ford, Wilson, 
Leatherman, J.V. Smith, Verdin, Hutto, Reese, Passailaigue, Leventis, Alexander, 
Gregory, McConnell, Waldrep, Giese, Martin, Drummond, Moore, Anderson, Land, 
McGill, Ritchie, Elliott, Glover, Pinckney, Hawkins, Branton and Fair
 A BILL TO AMEND CHAPTER 1, TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO PUBLIC OFFICERS, BY ADDING SECTION 8-1-135 SO AS TO PROVIDE THAT A
 LAW ENFORCEMENT OFFICER OF A POLITICAL SUBDIVISION 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.

   03/06/01  Senate Introduced and read first time SJ-13
   03/06/01  Senate Referred to Committee on Judiciary SJ-13
   02/13/02  Senate Committee report: Favorable with amendment
                     Judiciary SJ-10
   02/14/02  Senate Amended SJ-23
   02/14/02  Senate Read second time SJ-23
   02/19/02  Senate Read third time and sent to House SJ-17
   02/20/02  House  Introduced and read first time HJ-7
   02/20/02  House  Referred to Committee on Judiciary HJ-7
   05/29/02  House  Recalled from Committee on Judiciary HJ-139
   06/04/02  House  Debate adjourned until Wednesday, June 5, 2002 HJ-43
   06/05/02  House  Recommitted to Committee on Judiciary HJ-10

Indicates New Matter

RECALLED

May 29, 2002

    S. 410

Introduced by Senators Grooms, Bauer, Mescher, Holland, Ryberg, Ford, Wilson, Leatherman, J. Verne Smith, Verdin, Hutto, Reese, Passailaigue, Leventis, Alexander, Gregory, McConnell, Waldrep, Giese, Martin, Drummond, Moore, Anderson, Land, McGill, Ritchie, Elliott, Glover, Pinckney, Hawkins, Branton and Fair

S. Printed 5/29/02--H.

Read the first time February 20, 2002.

TO AMEND CHAPTER 1, TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC OFFICERS, BY ADDING SECTION 8-1-135 SO AS TO PROVIDE THAT A LAW ENFORCEMENT OFFICER OF A POLITICAL SUBDIVISION 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)    a law enforcement officer of one political subdivision who holds office in another political subdivision;

    (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.