If the Governor wants to appoint someone who already holds a state office to the Health Planning Committee, does the dual office holding ban block it?

Plain-English summary

The Governor's appointments office wanted to put someone on the State Health Planning Committee, but worried that the candidate already holding another office might violate Article VI, Section 3 of the South Carolina Constitution. That clause forbids holding "two offices of honor or profit at the same time."

The AG concluded that committee membership is not an office for dual-office-holding purposes. While the Health Planning Committee is statutory (created by Section 44-7-180), and its members serve fixed four-year terms with a two-consecutive-term cap and are appointed by the Governor (factors that could point toward "office"), the Committee's role is advisory. It advises the Department of Public Health in preparing the South Carolina Health Plan, which feeds into the Certificate of Need program. Members get mileage and subsistence but no salary. They take no oath and post no bond. Most importantly under the AG's analysis: the Committee does not exercise sovereign power. The Department's board makes final revisions and adopts the Plan.

The AG has consistently concluded that members of advisory bodies are not officeholders, and the Health Planning Committee fits that pattern.

What this means for you

If you handle gubernatorial appointments

The AG's analysis supports treating a Health Planning Committee seat as outside the constitutional count of offices. The opinion is advisory and does not bind a court. Review any other positions a candidate holds on their own terms; this opinion addresses the committee seat.

If you have been asked to serve on the Health Planning Committee

The AG says committee membership does not itself count as holding an office for dual-office-holding purposes. It does not decide whether every other position you hold is an office or whether another rule affects your appointment. Section 44-7-180 provides mileage and subsistence rather than a salary and specifies four-year terms for gubernatorial appointees.

If you work on health planning

The committee advises the Department of Public Health in preparing the South Carolina Health Plan. The Department's board makes final revisions and adopts it. That division of duties is central to the AG's conclusion.

Common questions

Why isn't the Health Planning Committee an “office” in the AG's view?

The AG weighs the committee's statutory appointment and term structure against its advisory duties, lack of sovereign power, and absence of an oath, bond, or salary.

Who adopts the State Health Plan?

The opinion says the committee submits a draft, while the Department's board makes final revisions and adopts the Plan.

Does the opinion classify a planning commissioner or city council member's position?

No. Its conclusion concerns the Health Planning Committee seat. Another position needs its own analysis.

Is the AG's answer binding?

No. An AG opinion is advisory and persuasive, not a controlling court decision.

Background and statutory framework

The dual office holding clause, Article VI, Section 3 of the South Carolina Constitution, allows holding only one "office of honor or profit," with explicit exceptions for notaries, militia officers, constables, constitutional delegates, and fire department members.

The Sanders, Willis, Segars-Andrews, and Crenshaw decisions supply the test: an "office" requires sovereign power exercised in a continuing way, with a state-derived appointment, statutory authority, public-benefit purpose, and (in the typical case) statutorily prescribed qualifications, tenure, oath, bond, and salary.

The Health Planning Committee was created by S.C. Code Ann. § 44-7-180. The statute provides:

• 14 members total, 12 of whom are appointed by the Governor
• One member from each congressional district
• One member from each of five specified groups related to healthcare
• Four-year terms, two consecutive-term cap on Governor-appointed members
• Mileage and subsistence allowance, but no salary
• No oath of office or bond required
• The Committee advises the Department of Public Health in preparing the South Carolina Health Plan, which is used in administering the Certificate of Need program
• The Plan, once Committee-approved, must be submitted every two years to the Department's board for final revision and adoption

Under the Crenshaw multi-factor test, the AG identified factors pulling both ways:

Toward office: statutory creation, fixed terms, gubernatorial appointment, statutory term-limit structure.

Against office: no salary, no oath, no bond, no sovereign power. The Committee's outputs are advisory; binding action comes from the Department's board.

Pattern of AG opinions on advisory bodies (all conclude not an office):

• 2023 WL 6445003 (Sept. 21, 2023), Palmetto College Board of Visitors
• 2023 WL 2358257 (Feb. 23, 2023), Richland County Conservation Commission
• 2021 WL 303801 (Jan. 14, 2021), Respiratory Care Committee
• 2006 WL 1877113 (Jun. 1, 2006), Regional Education Center Advisory Board
• 2004 WL 439320 (Feb. 24, 2004), Beaufort County Solid Waste and Recycling Board
• 2003 WL 21040133 (Jan. 15, 2003), Hilton Head Accommodations Tax Advisory Committee
• 1977 WL 24461 (Apr. 26, 1977): Waccamaw Regional Planning and Development Council

The Health Planning Committee fits the same advisory-body model.

Citations

Cases:

• Sanders v. Belue, 78 S.C. 171, 174, 58 S.E. 762, 763 (1907)
• Segars-Andrews v. Jud. Merit Selection Comm'n, 387 S.C. 109, 124, 691 S.E.2d 453, 461 (2010)
• Willis v. Aiken County, 203 S.C. 96, 103, 26 S.E.2d 313, 316 (1943)
• State v. Crenshaw, 274 S.C. 475, 478, 266 S.E.2d 61, 62 (1980)

Constitution and statutes:

• S.C. Const. art. VI, § 3, dual office holding ban
• S.C. Code Ann. § 44-7-180, Health Planning Committee creation and structure

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/opinion-regarding-whether-a-member-of-the-state-s-health-planning-committee-holds-an-office-for-dual-office-holding-purposes/
• Original PDF: https://www.scag.gov/media/x2wjobuj/t-mcbride-final.pdf

Original opinion text

ALAN WILSON
ATTORNEY GENERAL

November 25, 2025

Tyra S. McBride
Deputy Legal Counsel
Director of Appointments
Office of the Governor
1100 Gervais Street
Columbia, SC 29201

Dear Ms. McBride:

You have requested an opinion from this office on whether a member of the state's Health Planning Committee holds an office and is therefore prohibited from serving on the Committee while holding another office. It is our understanding this information is needed to determine whether an individual is eligible for an appointment to the Committee by the Governor. It is our opinion that a member of the Health Planning Committee does not hold an office, and thus, membership on that Committee does not trigger a dual office holding violation.

Law/Analysis

Article VI, Section 3 of the South Carolina Constitution prohibits any person from simultaneously holding "two offices of honor or profit." The limitation does not apply to notaries, militia officers, constables, constitutional delegates, or members of lawfully and regularly organized fire departments. S.C. Const. art. VI, § 3. "One who is charged by law with duties involving an exercise of some part of the sovereign power, either small or great, in the performance of which the public is concerned, and which are continuing, and not occasional or intermittent, is a public officer." Sanders v. Belue, 78 S.C. 171, 174, 58 S.E. 762, 763 (1907). A position is considered an office for purposes of dual office holding when "'the power of appointment comes from the state, the authority is derived from the law, and the duties are exercised for the benefit of the public.'" Segars-Andrews v. Jud. Merit Selection Comm'n, 387 S.C. 109, 124, 691 S.E.2d 453, 461 (2010) (quoting Willis v. Aiken County, 203 S.C. 96, 103, 26 S.E.2d 313, 316 (1943)). When determining whether a position is an office under our constitution, relevant considerations include "whether the position was created by the legislature; whether the qualifications for appointment are established; whether the duties, tenure, salary, bond and oath are prescribed or required; [and] whether the one occupying the position is a representative of the sovereign; among others." State v. Crenshaw, 274 S.C. 475, 478, 266 S.E.2d 61, 62 (1980). No single characteristic is conclusive, and it is not necessary that all criteria be met. Id.

The Health Planning Committee was created by South Carolina Code Section 44-7-180. The statute provides for the size of the committee and the process by which each member is appointed. Of the Committee's fourteen members, twelve are appointed by the Governor. S.C. Code Ann. § 44-7-180(A) (Rev. 2018). The statute specifies that the members appointed by the Governor must include at least one person from each congressional district and one person from each of five specified groups related to health care. Id. The members appointed by the Governor serve four-year terms and may only serve two consecutive terms. Id. All members of the Committee "are allowed the usual mileage and subsistence" provided to members of boards, commissions, and committees, but no salary is established. Id. There is no statutory requirement that members take the oath of office or post a bond. The Committee advises the Department of Public Health in the Department's preparation of the South Carolina Health Plan for use in the administration of the state's Certificate of Need program. § 44-7-180(B). Upon approval by the Committee, the plan must be submitted once every two years to the Department of Public Health's board for final revision and adoption. § 44-7-180(C). Once adopted, the plan may be later revised using the same planning and approval process.

The Health Planning Committee was created by statute. The statute provides that members appointed by the Governor serve for four-year terms and may not serve more than two consecutive terms. Although those factors weigh in favor of viewing a Governor-appointed member as an office holder, other factors run counter to that view. The statute provides for subsistence, but not a salary. Additionally, members are not required to take the oath of office or post a bond. Most significantly, the Health Planning Committee does not exercise any part of the power of the sovereign but rather it advises the Department of Public Health in the creation of and updates to the South Carolina Health Plan. This office has consistently opined that a member of a body that possesses purely advisory responsibilities is not an office holder. See Op. S.C. Att'y Gen., 2023 WL 6445003 (September 21, 2023) (Palmetto College Board of Visitors); Op. S.C. Att'y Gen., 2023 WL 2358257 (February 23, 2023) (Richland County Conservation Commission); Op. S.C. Att'y Gen., 2021 WL 303801 (January 14, 2021) (Respiratory Care Committee); Op. S.C. Att'y Gen., 2006 WL 1877113 (June 1, 2006) (Regional Education Center Advisory Board); Op. S.C. Att'y Gen., 2004 WL 439320 (February 24, 2004) (Beaufort County Solid Waste and Recycling Board); Op. S.C. Att'y Gen., 2003 WL 21040133 (January 15, 2003) (Town of Hilton Head's Accommodations Tax Advisory Committee); Op. S.C. Att'y Gen., 1977 WL 24461 (April 26, 1977) (Waccamaw Regional Planning and Development Council). Considering all of these factors, it is the opinion of this office that a member of the Health Planning Committee, including one appointed by the Governor, does not hold an office of honor or profit. Thus, assuming a person currently holds an office, the Governor's appointment of that person to the Health Planning Committee would not trigger a dual office holding violation.

Conclusion

Although the Health Planning Committee was created by our General Assembly and the members appointed by the Governor serve statutorily established terms, it is the opinion of this office that a member of the Committee serves an advisory role and does not hold an office.

Sincerely,

Sabrina C. Todd
Assistant Attorney General

REVIEWED AND APPROVED BY:

Robert D. Cook
Solicitor General