Current Status Bill Number:175 Type of Legislation:Joint Resolution JR Introducing Body:Senate Introduced Date:19970115 Primary Sponsor:Martin All Sponsors:Martin Drafted Document Number:s-res\martin\res1158.lam Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Dual officeholding, position defined; constitutional amendment, public officers and employees, ethics
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
Senate 19970115 Introduced, read first time, 11 SJ
referred to Committee
View additional legislative information at the LPITS web site.
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'."