South Carolina General Assembly
114th Session, 2001-2002

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Bill 410


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Indicates New Matter


                    Current Status

Bill Number:                      410
Type of Legislation:              General Bill GB
Introducing Body:                 Senate
Introduced Date:                  20010306
Primary Sponsor:                  Grooms
All Sponsors:                     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
Drafted Document Number:          l:\council\bills\pt\1226dw01.doc
Residing Body:                    House
Current Committee:                Judiciary Committee 25 HJ
Date of Last Amendment:           20020214
Subject:                          Political subdivisions, law enforcement 
                                  officer of; provisions regarding dual 
                                  officeholder; Ethics


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   20020605  Recommitted to Committee               25 HJ
House   20020604  Debate adjourned until
                  Wednesday, 20020605
House   20020529  Recalled from Committee                25 HJ
House   20020220  Introduced, read first time,           25 HJ
                  referred to Committee
Senate  20020219  Read third time, sent to House
Senate  20020214  Amended, read second time
Senate  20020213  Committee report: Favorable with       11 SJ
                  amendment
Senate  20010306  Introduced, read first time,           11 SJ
                  referred to Committee


              Versions of This Bill
Revised on February 13, 2002 - Word format
Revised on February 14, 2002 - Word format
Revised on May 29, 2002 - Word format

View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Indicates Matter Stricken

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.

            

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.

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.

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