H 3951 {Rat #90, Act #70 of 2019} General Bill, By Clary, McCoy, Tallon, Bryant, 
Elliott, Martin, Gagnon, Thayer, McCravy, B.Newton, Jefferson and R.Williams

Similar(S 534)
 AN ACT TO AMEND SECTION 23-11-110, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO THE QUALIFICATIONS THAT A SHERIFF MUST POSSESS, SO AS TO PROVIDE
 THESE QUALIFICATIONS ALSO APPLY TO CANDIDATES FOR SHERIFF, TO MAKE TECHNICAL
 CHANGES, TO PROVIDE A SHERIFF HOLDING OFFICE ON THE EFFECTIVE DATE OF THIS
 SECTION IS NOT REQUIRED TO BE AN EXPERIENCED CERTIFIED LAW ENFORCEMENT OFFICER
 OR BE ELIGIBLE TO OBTAIN A CLASS 1 LAW ENFORCEMENT OFFICER CERTIFICATE UPON
 THE COMMENCEMENT OF HIS TERM OF OFFICE, AND TO PROVIDE ADDITIONAL
 QUALIFICATIONS. - ratified title
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   02/12/19  House  Introduced and read first time (House Journal-page 43)
   02/12/19  House  Referred to Committee on Judiciary
                     (House Journal-page 43)
   02/21/19  House  Member(s) request name added as sponsor: Martin
   03/05/19  House  Member(s) request name added as sponsor: Gagnon,
                     Thayer, McCravy
   03/19/19  House  Member(s) request name added as sponsor: B.Newton
   03/20/19  House  Committee report: Favorable with amendment
                     Judiciary (House Journal-page 45)
   03/21/19         Scrivener's error corrected
   03/26/19  House  Member(s) request name added as sponsor:
                     Jefferson, R.Williams
   03/26/19  House  Debate adjourned until  Wed., 3-27-19
                     (House Journal-page 24)
   03/27/19  House  Amended (House Journal-page 19)
   03/27/19  House  Read second time (House Journal-page 96)
   03/27/19  House  Roll call Yeas-100  Nays-1 (House Journal-page 98)
   03/28/19  House  Reconsidered (House Journal-page 54)
   04/02/19  House  Amended (House Journal-page 18)
   04/02/19  House  Read second time (House Journal-page 18)
   04/02/19  House  Roll call Yeas-105  Nays-2 (House Journal-page 19)
   04/03/19  House  Read third time and sent to Senate
                     (House Journal-page 20)
   04/03/19  House  Roll call Yeas-89  Nays-9 (House Journal-page 20)
   04/03/19  Senate Introduced and read first time (Senate Journal-page 10)
   04/03/19  Senate Referred to Committee on Judiciary
                     (Senate Journal-page 10)
   04/04/19  Senate Referred to Subcommittee:  Hutto (ch), Shealy,
                     Young, McLeod, Senn
   04/11/19  Senate Recalled from Committee on Judiciary
                     (Senate Journal-page 2)
   04/12/19         Scrivener's error corrected
   04/23/19  Senate Amended (Senate Journal-page 11)
   04/23/19  Senate Read second time (Senate Journal-page 11)
   04/23/19  Senate Roll call Ayes-41  Nays-0 (Senate Journal-page 11)
   05/02/19  Senate Amended (Senate Journal-page 50)
   05/02/19  Senate Read third time and returned to House with
                     amendments (Senate Journal-page 50)
   05/08/19  House  Senate amendment amended (House Journal-page 39)
   05/08/19  House  Returned to Senate with amendments
                     (House Journal-page 39)
   05/09/19  Senate Concurred in House amendment and enrolled
                     (Senate Journal-page 63)
   05/13/19         Ratified R  90
   05/16/19         Signed By Governor
   05/31/19         Effective date  05/16/19
   06/05/19         Act No.  70

(A70, R90, H3951)

AN ACT TO AMEND SECTION 23-11-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE QUALIFICATIONS THAT A SHERIFF MUST POSSESS, SO AS TO PROVIDE THESE QUALIFICATIONS ALSO APPLY TO CANDIDATES FOR SHERIFF, TO MAKE TECHNICAL CHANGES, TO PROVIDE A SHERIFF HOLDING OFFICE ON THE EFFECTIVE DATE OF THIS SECTION IS NOT REQUIRED TO BE AN EXPERIENCED CERTIFIED LAW ENFORCEMENT OFFICER OR BE ELIGIBLE TO OBTAIN A CLASS 1 LAW ENFORCEMENT OFFICER CERTIFICATE UPON THE COMMENCEMENT OF HIS TERM OF OFFICE, AND TO PROVIDE ADDITIONAL QUALIFICATIONS.

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

Sheriff and candidates for sheriff qualifications

SECTION    1.    Section 23-11-110(A) of the 1976 Code is amended to read:

"(A)    All sheriffs and candidates for sheriff in this State must have the following qualifications:

(1)    be a citizen of the United States;

(2)    be a resident of the county in which he seeks the office of sheriff for at least one year immediately preceding the date of the election for sheriff;

(3)    be a registered voter;

(4)    have attained the age of at least twenty-one years prior to the date of his qualifying for election to the office;

(5)    have:

(a)    obtained a high school diploma, its recognized equivalent in educational training as established by the State Department of Education, and have at least five years experience as a Class 1 certified law enforcement officer; or

(b)    obtained a two-year associate degree and three years experience as a Class 1 certified law enforcement officer; or

(c)    obtained a four-year baccalaureate degree and one year experience as a Class 1 certified law enforcement officer; or

(d)    served as a summary court judge for at least ten years.

For purposes of this section, a 'Class 1 certified law enforcement officer' is a person who has been issued a certificate as a Class 1 law enforcement officer by the South Carolina Law Enforcement Training Council. A sheriff holding office on the effective date of this section is not required to have obtained the necessary experience as a certified law enforcement officer in this State;

(6)    have not been convicted of or pled guilty to a violation of Section 56-1-460 or 56-5-2930, or both, within the past ten years or a felony in this State or another state;

(7)    have not been convicted of or pled guilty to a felony or a crime of moral turpitude in this State or another state;

(8)    be fingerprinted and have the State Law Enforcement Division make a search of local, state, and federal fingerprint files for any criminal record. Fingerprints are to be taken under the direction of any law enforcement agency and must be made available to SLED no later than one hundred thirty days prior to the general election. The results of the records search are to be filed with the county executive committee of the person's political party. A person seeking nomination by petition must file the records search with the county election commission in the county of his residence; and

(9)    be eligible to be issued a certificate as a Class 1 law enforcement officer by the South Carolina Law Enforcement Training Council upon the commencement of the term of office. A sheriff holding office on the effective date of this section is exempt from the provisions in this item."

Time effective

SECTION    2.    This act takes effect upon approval by the Governor.

Ratified the 13th day of May, 2019.

Approved the 16th day of May, 2019.