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H. 3176

STATUS INFORMATION

General Bill
Sponsors: Reps. Umphlett, Vaughn, Mahaffey and M.A. Pitts
Document Path: l:\council\bills\bbm\10485mm05.doc
Companion/Similar bill(s): 182

Introduced in the House on January 11, 2005
Currently residing in the House Committee on Judiciary

Summary: Dual office holder

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
  12/15/2004  House   Prefiled
  12/15/2004  House   Referred to Committee on Judiciary
   1/11/2005  House   Introduced and read first time HJ-112
   1/11/2005  House   Referred to Committee on Judiciary HJ-112
   1/12/2005  House   Member(s) request name added as sponsor: M.A.Pitts

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

12/15/2004

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 WHO HOLDS A LOCAL OFFICE IN A COUNTY OTHER THAN THE ONE IN WHICH HE EXERCISES LAW ENFORCEMENT RESPONSIBILITY OR A CORRECTIONS OFFICER WHO HOLDS A LOCAL OFFICE IN ANOTHER POLITICAL SUBDIVISION IS NOT CONSIDERED A DUAL OFFICEHOLDER FOR THE PURPOSES OF THE CONSTITUTION OF SOUTH CAROLINA, 1895.

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)    officers in the militia;

(2)    notaries public;

(3)    delegates to a constitutional convention;

(4)    a municipal police officer who holds a local office in a county other than the one in which he exercises law enforcement responsibilities;

(5)    a corrections officer of one political subdivision who holds a local office in another political subdivision;

(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.

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