H*3112 Session 108 (1989-1990)
H*3112(Rat #0014, Act #0009 of 1989) General Bill, By Sheheen and Wilkins
A Bill to ratify amendments to Section 24 of Article III, Section 3 of Article
VI, and Section 1A of Article XVII, Constitution of South Carolina, 1895,
relating to dual officeholding and qualification for office, so as to provide
that the prohibition against holding two offices does not apply to members of
lawfully and regularly organized fire departments and constables who hold
another office.
01/10/89 House Introduced, read first time, placed on calendar
without reference HJ-53
01/11/89 House Read second time HJ-8
01/12/89 House Read third time and sent to Senate HJ-15
01/12/89 Senate Introduced and read first time SJ-85
01/12/89 Senate Referred to Committee on Judiciary SJ-85
01/18/89 Senate Committee report: Favorable Judiciary SJ-20
01/19/89 Senate Read second time SJ-23
01/24/89 Senate Read third time and enrolled SJ-13
02/08/89 Ratified R 14
02/08/89 No signature required
02/08/89 Act No. 9
02/27/89 Copies available
(A9, R14, H3112)
AN ACT TO RATIFY AMENDMENTS TO SECTION 24 OF ARTICLE III, SECTION 3 OF ARTICLE
VI, AND SECTION 1A OF ARTICLE XVII, CONSTITUTION OF SOUTH CAROLINA, 1895,
RELATING TO DUAL OFFICE HOLDING AND QUALIFICATION FOR OFFICE, SO AS TO PROVIDE
THAT THE PROHIBITION AGAINST HOLDING TWO OFFICES DOES NOT APPLY TO MEMBERS OF
LAWFULLY AND REGULARLY ORGANIZED FIRE DEPARTMENTS AND CONSTABLES WHO HOLD ANOTHER
OFFICE.
Be it enacted by the General Assembly of the State of South Carolina:
Constitutional amendment ratified
SECTION 1. The amendment to Section 24, Article III of the Constitution of
South Carolina, 1895, prepared under the terms of Joint Resolution 207 of 1987,
having been submitted to the qualified electors at the general election of 1988
as prescribed in Section 1, Article XVI of the Constitution of South Carolina,
1895, and a favorable vote having been received on the amendment, is ratified and
declared to be a part of the Constitution so that the section is amended to read:
"Section 24. No person is eligible to a seat in the General Assembly
while he holds any office or position of profit or trust under this State, the
United States of America, or any of them, or under any other power, except
officers in the militia, members of lawfully and regularly organized fire
departments, constables, and notaries public. If any member accepts or exercises
any of the disqualifying offices or positions he shall vacate his seat."
Constitutional amendment ratified
SECTION 2. The amendment to Section 3, Article VI of the Constitution of South
Carolina, 1895, prepared under the terms of Joint Resolution 207 of 1987, having
been submitted to the qualified electors at the general election of 1988 as
prescribed in Section 1, Article XVI of the Constitution of South Carolina, 1895,
and a favorable vote having been received on the amendment, is ratified and
declared to be a part of the Constitution so that the section is 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."
Constitutional amendment ratified
SECTION 3. The amendment to Section 1A, Article XVII of the Constitution of
South Carolina, 1895, prepared under the terms of Joint Resolution 207 of 1987,
having been submitted to the qualified electors at the general election of 1988
as prescribed in Section 1, Article XVI of the Constitution of South Carolina,
1895, and a favorable vote having been received on the amendment, is ratified and
declared to be a part of the Constitution so that the section is 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. 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." |