SC 2025-health-planning-committee-dual-office-holding November 25, 2025

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?

Short answer: No. The AG concluded that members of South Carolina's Health Planning Committee are not officeholders for dual office holding purposes because the Committee plays a purely advisory role to the Department of Public Health on the State Health Plan and Certificate of Need program. So the Governor can appoint someone who already holds another office without triggering the constitutional ban.

Disclaimer: This is an official South Carolina Attorney General opinion. AG opinions are persuasive authority but not binding precedent. This summary is for informational purposes only and is not legal advice. Consult a licensed South Carolina attorney for advice on your specific situation.

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 said the appointment is fine. 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 purely 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. It recommends, the Department writes the Plan, and the Department's board 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

Use this opinion as the controlling analysis when reviewing candidates for the Health Planning Committee. The dual office holding ban does not block a sitting officeholder from accepting an appointment. Document the analysis briefly when seating a new member who also holds another office. The AG's opinion gives you direct citation cover.

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

You can serve even if you already hold a "real" state or local office (city council, county council, special purpose district commissioner, planning commission, etc.). The dual office holding ban does not reach you because the Committee is advisory, not sovereign-power-wielding. You will not get a salary, just mileage and subsistence reimbursement, and you will be expected to attend meetings and weigh in on the South Carolina Health Plan. Terms are four years, capped at two consecutive terms.

If you work in healthcare and care about Certificate of Need policy

The Committee's recommendations feed the State Health Plan, which the Certificate of Need (CON) program uses. If you advocate for changes to CON policy, knowing that Committee members are easier to recruit (because the dual office holding ban is a non-issue) may inform your engagement strategy. The Committee's purely advisory status is also a tactical fact in CON debates: the actual decision-making on the Plan happens at the Department of Public Health board level, not in the Committee.

If you are a state legislator

This opinion is the latest in a long line of AG opinions reaching the same conclusion about advisory bodies. If your interest is in restructuring the Committee to give it real teeth (binding decisions, regulatory authority), be aware that doing so would likely transform Committee membership into a true "office" and make recruitment harder for sitting officeholders. The current advisory framing is what allows the appointment pool to be flexible.

Common questions

Why isn't the Health Planning Committee an "office" if it has fixed terms and Governor appointment?

Those factors lean toward "office," but the Crenshaw test is multi-factor with no single dispositive element. The AG weighed those factors against four counterweights: no statutory salary, no oath, no bond, and most importantly no exercise of sovereign power. Advisory committees produce recommendations; the Department of Public Health board produces binding decisions. That separation is the heart of the analysis.

Has the AG always treated advisory committees this way?

Yes, the AG cites a long pattern: 2023 WL 6445003 (Palmetto College Board of Visitors), 2023 WL 2358257 (Richland County Conservation Commission), 2021 WL 303801 (Respiratory Care Committee), 2006 WL 1877113 (Regional Education Center Advisory Board), 2004 WL 439320 (Beaufort County Solid Waste and Recycling Board), 2003 WL 21040133 (Town of Hilton Head's Accommodations Tax Advisory Committee), 1977 WL 24461 (Waccamaw Regional Planning and Development Council). Same conclusion across decades.

Are Health Planning Committee members paid?

Section 44-7-180 provides only "the usual mileage and subsistence" allowed to members of boards, commissions, and committees. No salary.

What is the Committee actually doing?

The Committee advises the Department of Public Health in preparing the South Carolina Health Plan. Once the Committee approves a draft Plan, it goes to the Department's board for final revision and adoption every two years. The Plan is used to administer the Certificate of Need program.

Can someone who is already a planning commissioner accept this appointment?

Yes. A planning commissioner holds an "office" (per longstanding AG opinions on planning commissions), and serving simultaneously on the Health Planning Committee does not put them above the one-office maximum because the Committee seat is not an office.

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

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain — the linked PDF is authoritative.

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