South Carolina General Assembly
116th Session, 2005-2006

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H. 4239

STATUS INFORMATION

Joint Resolution
Sponsors: Reps. Umphlett, Dantzler, Hinson and Jefferson
Document Path: l:\council\bills\dka\3375dw05.doc

Introduced in the House on May 31, 2005
Rejected by the House on February 14, 2006

Summary: Dual office holding

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   5/31/2005  House   Introduced and read first time HJ-85
   5/31/2005  House   Referred to Committee on Judiciary HJ-85
    2/1/2006  House   Committee report: Favorable Judiciary HJ-7
    2/7/2006  House   Debate adjourned until Wednesday, February 8, 2006 HJ-22
    2/8/2006  House   Read second time HJ-18
    2/8/2006  House   Roll call Yeas-50  Nays-46 HJ-22
    2/9/2006  House   Debate adjourned until Tuesday, February 14, 2006 HJ-11
   2/14/2006  House   Rejected HJ-8
   2/14/2006  House   Roll call Yeas-72  Nays-33 HJ-10
   2/14/2006  House   Failed to receive necessary 2/3 vote on second or third 
                        reading HJ-10

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

5/31/2005
2/1/2006

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

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COMMITTEE REPORT

February 1, 2006

H. 4239

Introduced by Reps. Umphlett, Dantzler, Hinson and Jefferson

S. Printed 2/1/06--H.

Read the first time May 31, 2005.

            

THE COMMITTEE ON JUDICIARY

To whom was referred a Joint Resolution (H. 4239) proposing an amendment to Section 24 of Article III, Section 3 of Article VI, and Section 1A of Article XVII, to the Constitution of South Carolina, 1895, relating to dual officeholding, etc., respectfully

REPORT:

That they have duly and carefully considered the same and recommend that the same do pass:

JAMES H. HARRISON for Committee.

            

A JOINT RESOLUTION

PROPOSING AN AMENDMENT TO SECTION 24 OF ARTICLE III, SECTION 3 OF ARTICLE VI, AND SECTION 1A OF ARTICLE XVII, TO THE 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 COMMISSIONED LAW ENFORCEMENT OFFICERS EMPLOYED BY A COUNTY AND MUNICIPAL POLICE OFFICERS EMPLOYED IN A COUNTY IN WHICH THEY DO NOT RESIDE WHO HOLD ANOTHER OFFICE.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1. It is proposed that Section 24 of Article III of the Constitution of this State be 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, commissioned law enforcement officers employed by a county and municipal police officers employed in a county in which they do not reside, and notaries public. If any member accepts or exercises any of the disqualifying offices or positions he shall vacate his seat."

SECTION    2.    The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:

"Must Section 24 of Article III of the Constitution of this State be amended so as to add commissioned law enforcement officers employed by a county and municipal police officers employed in a county in which they do not reside as persons who are exempt from the prohibition against members of the General Assembly holding two offices?

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'."

SECTION    3.    It is proposed that Section 3 of Article VI 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, commissioned law enforcement officers employed by a county and municipal police officers employed in a county in which they do not reside, or delegates to a Constitutional Convention."

SECTION    4.    The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:

"Must Section 3, Article VI of the Constitution of this State be amended so as to provide that the prohibition against dual officeholding does not apply to commissioned law enforcement officers employed by a county and municipal police officers employed in a county in which they do not reside who hold another office?

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'."

SECTION    5.    It is proposed that Section 1A of Article XVII 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. 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, commissioned law enforcement officers employed by a county and municipal police officer employed in a county in which they do not reside, 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    6.    The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:

"Must Section 1A of Article XVII of the Constitution of this State be amended so as to provide that the prohibition against dual officeholding does not apply to commissioned law enforcement officers employed by a county and municipal police officers employed in a county in which they do not reside who hold another office?

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'."

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