South Carolina General Assembly
124th Session, 2021-2022

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Indicates Matter Stricken
Indicates New Matter

H. 3276

STATUS INFORMATION

General Bill
Sponsors: Reps. Gilliam, Haddon and Pope
Document Path: l:\council\bills\cc\15820zw21.docx

Introduced in the House on January 12, 2021
Currently residing in the House Committee on Judiciary

Summary: Sheriff, vacancy

HISTORY OF LEGISLATIVE ACTIONS 

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   12/9/2020  House   Prefiled
   12/9/2020  House   Referred to Committee on Judiciary
   1/12/2021  House   Introduced and read first time (House Journal-page 142)
   1/12/2021  House   Referred to Committee on Judiciary 
                        (House Journal-page 142)

View the latest legislative information at the website

VERSIONS OF THIS BILL

12/9/2020

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

A BILL

TO AMEND SECTION 23-11-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VACANCIES IN THE OFFICE OF SHERIFF, SO AS TO PROVIDE THAT WHEN THE GOVERNOR HAS APPOINTED AN INTERIM SHERIFF WHO THEN RUNS UNSUCCESSFULLY FOR SHERIFF IN THE ENSUING PRIMARY, PRIMARY RUNOFF, SPECIAL ELECTION, OR GENERAL ELECTION, THE GOVERNOR MAY, WITH THE ADVICE AND CONSENT OF THAT COUNTY'S LEGISLATIVE DELEGATION, DECLARE THE OFFICE VACANT, REMOVE THE INTERIM APPOINTEE FROM OFFICE, AND APPOINT THE SHERIFF-ELECT TO FILL THE REMAINDER OF THE ORIGINAL UNEXPIRED TERM.

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

SECTION    1.    Section 23-11-40 of the 1976 Code is amended by adding an appropriately lettered subsection at the end read:

    "( )    Notwithstanding another provision of law or of this section, if the Governor has appointed an interim sheriff pursuant to this section and the Governor's appointee runs unsuccessfully for sheriff in the ensuing primary, primary runoff, special election, or general election, then upon certification of the election results, the Governor may, with the advice and consent of that county's legislative delegation, declare the office vacant, remove the interim appointee from office, and appoint the sheriff-elect to fill the remainder of the original unexpired term."

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

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This web page was last updated on January 26, 2021 at 9:41 AM