South Carolina General Assembly
115th Session, 2003-2004

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S. 574

STATUS INFORMATION

General Bill
Sponsors: Senator Moore
Document Path: l:\s-jud\bills\moore\jud0088.tlm.doc

Introduced in the Senate on April 9, 2003
Currently residing in the Senate Committee on Judiciary

Summary: Sheriffs, provisions for temporary replacement when called to active duty

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
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    4/9/2003  Senate  Introduced and read first time SJ-16
    4/9/2003  Senate  Referred to Committee on Judiciary SJ-16

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

4/9/2003

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

A BILL

TO AMEND SECTION 8-7-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS CONCERNING ABSENCES IN THE MILITARY, SO AS TO ADD A DEFINITION OF SHERIFF; TO AMEND SECTION 8-7-40, RELATING TO AN APPOINTMENT OF A PERSON TO FILL A TEMPORARY VACANCY, SO AS TO AUTHORIZE A SHERIFF TO TEMPORARILY FILL HIS OFFICE IF THE SHERIFF IS ABSENT DUE TO MILITARY SERVICE; TO AMEND SECTION 23-11-40, RELATING TO VACANCIES IN THE OFFICE OF SHERIFF, SO AS TO AUTHORIZE A SHERIFF TO TEMPORARILY FILL HIS OFFICE IF THE SHERIFF IS ABSENT DUE TO MILITARY SERVICE; AND TO AMEND SECTION 23-11-50, RELATING TO A CORONER ACTING AS SHERIFF DURING A VACANCY, SO AS TO INCLUDE A REFERENCE TO THE SHERIFF'S ABILITY TO TEMPORARILY FILL HIS OFFICE IF THE SHERIFF IS ABSENT DUE TO MILITARY SERVICE.

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

SECTION    1.    Section 8-7-10 of the 1976 Code is amended to read:

"Section 8-7-10.    For the purpose of Sections 8-7-10 to 8-7-80, the following terms shall have the meanings ascribed to them by this section, unless the context clearly requires otherwise:

(1)    'Officer' means any officer or employee of the State or any political subdivision thereof who is elected or appointed for a definite term which is fixed by law;.

(2)    'Military service' means service in the Army, Navy, or Marine Corps of the United States or any compulsory service in any capacity to the Federal Government for the purpose of national defense; and.

(3)    'Appointive authority' means: (a) the person, board, commission, or other authority originally electing or appointing the officer, (b) if the officer was elected to his office in a general election or nominated in a primary, the Governor of the State, with the advice and consent of the Senate, if the officer is a State state official or employee, (c) the Governor, upon the recommendation of the county legislative delegation, if the officer is an official or employee of a county or any of its political subdivisions, and (d) the Governor, upon the recommendation of the mayor and city council or other governing body of a city or town if the officer is an official or employee of a municipality.

(4)    'Sheriff' means a person elected in each county as provided in Article V, Section 24 of the State Constitution."

SECTION 2.    Section 8-7-40 of the 1976 Code is amended to read:

"Section 8-7-40.    (A) In Except as provided in subsection (B), in case a temporary vacancy is created in any office or position by reason of the absence of the officer in the military service, the appointive authority shall must appoint some person to fill temporarily the office or position to which such the officer was elected or appointed. All such appointees shall hold the office or position which they are temporarily to fill during the absence of the officer in the military service or until the expiration of the term for which such the officer in the military service was elected or appointed, whichever period of time is the shorter.

(B)    In case a temporary vacancy is created in the office of sheriff by reason of the absence of the sheriff in the military service, the sheriff must designate some person to temporarily fill the office. All these designees shall hold the office during the absence of the sheriff in the military service or until the expiration of the term for which the officer in the military service was elected or appointed, whichever period of time is shorter. For purposes of this subsection, military service includes service with the South Carolina National Guard, the United States Army Reserve, the United States Air Force Reserve, the United States Naval Reserve, the United States Marine Corps Reserve, or the United States Coast Guard Reserve for periods longer than provided for in Section 8-7-90."

SECTION    3.    Section 23-11-40 of the 1976 Code is amended to read:

"Section 23-11-40.    (A)    If any vacancy occurs in the office of sheriff in any county of this State less than one year prior to the next general election for county sheriffs, the Governor may appoint some suitable person who must be an elector of the county and who, upon qualifying, according to law, is entitled to enter upon and hold the office until a sheriff is elected and qualifies in the election and is subject to all the duties and liabilities incident to the officer during the term of his service in the office.

(B)    If any vacancy occurs in the office more than one year prior to the next general election for county sheriffs, the Governor shall must appoint some suitable person as provided in subsection (A) until a special election is held to elect a sheriff to hold the office until a sheriff is elected and qualifies in the next general election for county sheriffs.

(C)    If any vacancy occurs in the office at any time and is created by suspension by the Governor upon any sheriff's indictment, the Governor shall must appoint some suitable person, as provided for in subsection (A), to hold the office until the suspended sheriff is acquitted, or the indictment is otherwise disposed of, or until a sheriff is elected and qualifies in the next general election for county sheriffs, whichever event occurs first.

(D)    The chief deputy or second-in-command of the sheriff's office shall must act as sheriff until the vacancy is filled, except in the case when a vacancy occurs as a result of an indictment, where the vacancy will be filled as provided in Section 23-11-50. While acting as sheriff, the chief deputy or second-in-command is subject to the duties and liabilities incident to the office of sheriff.

(E)    If a sheriff is absent in office due to military service, the sheriff must designate some person to temporarily fill the office as provided in Section 8-7-40(B)."

SECTION    4.    Section 23-11-50 of the 1976 Code is amended to read:

"Section 23-11-50.    The Except as provided in Section 8-7-40(B), the coroner, during the continuance of any such vacancy occurring as a result of the indictment of the sheriff and until the office is filled by appointment or election, shall assume the office, discharge its duties, incur its liabilities, and be entitled to its fees and emoluments. He shall The coroner must, for such purpose, take charge of the books and papers of the office, and occupy the apartment allowed to the sheriff for transacting the business of his office."

SECTION    5.    This act takes effect upon approval by the Governor.

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