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Indicates Matter Stricken
Indicates New Matter
February 13, 2002
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 2/13/02--S.
Read the first time March 6, 2001.
To whom was referred a Bill (S. 410) 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, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ 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;
Any a member of a lawfully and regularly organized fire department ,;
(7) a county veterans affairs officer
(8) a constable
(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. /
Renumber sections to conform.
Amend title to conform.
LARRY A. MARTIN for Committee.
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. Chapter 1, Title 8 of the 1976 Code is amended by adding:
"Section 8-1-135. A law enforcement officer of a political subdivision is not considered to be 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."
SECTION 2. This act takes effect upon approval by the Governor.
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