South Carolina 2025-2026 Regular Session

South Carolina House Bill H3999

Introduced
2/13/25  

Caption

A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3, ARTICLE VI AND SECTION 1A, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, BOTH RELATING TO DUAL OFFICE HOLDING, BOTH SO AS TO PROVIDE THAT ANY OFFICE HOLDER OR APPOINTEE WHOSE POSITION IS WHOLLY UNCOMPENSATED, EXCEPT FOR PER DIEM AND EXPENSE REIMBURSEMENT AS MAY BE PROVIDED BY LAW, IS EXEMPT FROM DUAL OFFICE HOLDING PROVISIONS.

Summary

H3999 is a joint resolution proposing a constitutional amendment to South Carolina’s dual office-holding provisions. The measure would amend Article VI, Section 3 and Article XVII, Section 1A of the South Carolina Constitution to clarify that the prohibition on holding two offices of honor or profit at the same time does not apply to any office holder or appointee whose position is wholly uncompensated, except for any per diem or expense reimbursement authorized by law. The bill preserves existing exceptions for militia officers, notaries public, members of organized fire departments, constables, and delegates to a constitutional convention, while adding a broader exemption for unpaid public service roles. Because this is a constitutional amendment, the proposal would not change state law immediately; instead, it would be submitted to voters at the next general election for representatives, with ballot language specified in the resolution. If approved by the electorate, the amendment would become part of the state constitution and expand the categories of public officials who may serve in more than one office without violating dual office-holding rules.

Impact

The bill would affect South Carolina’s constitutional restrictions on dual office holding by creating a new exception for uncompensated office holders and appointees. It would likely make it easier for volunteers and unpaid board or commission members to serve in public roles without risking a constitutional conflict, while leaving the general prohibition on holding two offices of honor or profit in place for compensated positions. The measure does not itself alter statutes, but it would amend the state constitution if ratified by voters, thereby controlling how state and local offices are interpreted and administered going forward.

Sentiment

The available record shows no committee transcript, vote tally, or recorded opposition, so there is no documented debate to gauge broad support or resistance. Based on the text alone, the proposal appears technical and administrative in nature, aimed at removing an apparent barrier to unpaid civic service rather than changing substantive policy. The absence of recorded votes or discussion suggests the bill had not yet generated a visible public or legislative controversy in the materials provided.

Contention

The main policy question is whether the dual office-holding exemption should be expanded beyond the existing narrow list of exceptions to include any wholly uncompensated office holder or appointee. Supporters would likely view the change as a practical fix that recognizes volunteer public service and avoids unnecessary constitutional conflicts. Potential critics could worry that the broader exemption might blur the line between offices and create ambiguity about what counts as “wholly uncompensated,” especially where per diem or expense reimbursement is involved, but no specific objections are recorded in the provided materials.

Companion Bills

No companion bills found.

Previously Filed As

SC H3491

Constitutional amendment

SC H4926

Constitutional Amendment

SC HB130

Constitutional officers; dual office holding, prohibited for deputies and other persons.

SC SB1091

Dual office-holding; adding exemption for campus police officers serving in certain offices. Emergency.

SC SB1091

Dual office-holding; adding exemption for campus police officers serving in certain offices. Emergency.

SC H5360

Term limits for members of General Assembly

SC H4930

Constitution, Governor to appoint Judicial Merit Selection Commission

SC H4148

Constitutional amendment, healthcare

SC HB2083

Dual-office-holding; adding exemption for campus police officers serving in certain office; effective date.

SC HB2083

Dual-office-holding; adding exemption for campus police officers serving in certain office; effective date.

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