2001-2002 Bill 410: Political Subdivisions, Law Enforcement Officer Of; Provisions Regarding

BIL:410

TYP:General Bill GB

INB:Senate

IND:20010306

PSP:Grooms

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

DDN:l:\council\bills\pt\1226dw01.doc

RBY:House

COM:Judiciary Committee 25 HJ

LAD:20020214

SUB:Political subdivisions, law enforcement officer of; provisions regarding dual officeholder; Ethics

HST:

BodyDateAction DescriptionComLeg Involved

______

House20020605Recommitted to Committee25 HJ

House20020604Debate adjourned until

Wednesday, 20020605

House20020529Recalled from Committee25 HJ

House20020220Introduced, read first time,25 HJ

referred to Committee

Senate20020219Read third time, sent to House

Senate20020214Amended, read second time

Senate20020213Committee report: Favorable with11 SJ

amendment

Senate20010306Introduced, read first time,11 SJ

referred to Committee

Versions of This Bill

Revised on 20020213

Revised on 20020214

Revised on 20020529

TXT:

Indicates Matter Stricken

Indicates New Matter

RECALLED

May 29, 2002

S.410

Introduced by Senators Grooms, Bauer, Mescher, Holland, Ryberg, Ford, Wilson, Leatherman, J.VerneSmith, 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.

[410-1]

A BILL

TO AMEND CHAPTER 1, TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC OFFICERS, BY ADDING SECTION 81135 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:

SECTION1.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.

SECTION2.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)Anya 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 Statepolitical subdivision.”

SECTION3.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.

[410]1