reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 7 - Attorney General And Solicitors › Section 1-7-408. Repealed by 2005 Act No. 164, Section 37, eff June 10, 2005.

Editor's Note
Former Section 1-7-408 was entitled "Report of expenditures" and was derived from 1979 Act No. 191, Section 3.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 7 - Attorney General And Solicitors › Section 1-7-410. Additional duties of solicitor for fourteenth judicial circuit.

The circuit solicitor of the fourteenth judicial circuit shall advise with and aid the grand jury of Colleton County in its duties and the coroner or magistrate of Colleton County in inquisitions.
HISTORY: 1962 Code Section 1-257.1; 1959 (51) 81.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 7 - Attorney General And Solicitors › Section 1-7-420. Assistant solicitor for first judicial circuit.

The solicitor of the first judicial circuit may, upon the approval of a majority of the Dorchester County legislative delegation, appoint an attorney who is a resident of Dorchester County as his assistant who shall perform any of the duties and functions imposed by law upon the circuit solicitor relating to Dorchester County. The term of the assistant solicitor shall be coterminous with that of the solicitor and he shall receive such compensation as may be provided by law. The compensation of the assistant solicitor and any other expenses incurred pursuant to the provisions of this section shall be borne by Dorchester County.
In Dorchester County, appointments made pursuant to this section are governed by the provisions of Act 512 of 1996.
HISTORY: 1962 Code Section 1-257.1:1; 1970 (56) 2073.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 7 - Attorney General And Solicitors › Section 1-7-430. Additional assistant solicitor for first judicial circuit.

The solicitor of the first judicial circuit may appoint an assistant solicitor, who shall be a licensed attorney-at-law residing in the circuit, to serve at the pleasure of the solicitor and have such responsibility as the solicitor shall direct. The salary to be paid such assistant solicitor shall be paid from funds provided by Public Law 90-351, The Omnibus Crime Control and Safe Streets Act of 1968, as amended.
HISTORY: 1962 Code Section 1-257.1:2; 1974 (58) 2989.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 7 - Attorney General And Solicitors › Section 1-7-440. Assistant solicitor for third judicial circuit.

The solicitor of the third judicial circuit may appoint an assistant solicitor, who shall be a licensed attorney at law residing in the circuit, to serve at the pleasure of the solicitor and have such responsibility as the solicitor shall direct. The solicitor shall also determine the salary to be paid such assistant solicitor and such salary shall be paid from funds provided by Public Law 90-351, The Omnibus Crime Control and Safe Streets Act of 1968, as amended.
HISTORY: 1962 Code Section 1-257.1:3; 1971 (57) 24.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 7 - Attorney General And Solicitors › Section 1-7-450. Assistant solicitor for fourth judicial circuit.

The solicitor of the fourth judicial circuit may appoint an attorney, who is a resident of the circuit, as an assistant solicitor, who shall perform such duties and functions as may be assigned him by the solicitor. His term shall be coterminous with that of the solicitor and he shall receive as compensation for his services such salary as may provided by the General Assembly, one fourth of which shall be paid by each county of the circuit.
HISTORY: 1962 Code Section 1-257.2; 1966 (54) 2014.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 7 - Attorney General And Solicitors › Section 1-7-460. Assistant solicitors for fifth judicial circuit.

The circuit solicitor of the fifth judicial circuit may appoint competent attorneys, who are residents of the circuit, as assistant solicitors who shall perform any and all of the duties and functions imposed by law upon the circuit solicitor as the solicitor shall authorize, designate and direct. The solicitor shall designate in which county of the circuit such assistant solicitors shall perform their duties. The assistant solicitors shall be appointed by the solicitor to serve for the same term as the solicitor. The assistant solicitors performing services in Kershaw County shall receive as compensation for their services such annual salary as may be provided by the Kershaw County Council and the assistant solicitors performing services in Richland County shall receive as compensation for their services such annual salary as may be provided by the Richland County Council.
HISTORY: 1962 Code Section 1-258; 1959 (48) 139; 1975 (59) 819.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 7 - Attorney General And Solicitors › Section 1-7-470. Assistant solicitor for seventh judicial circuit.

The circuit solicitor of the seventh judicial circuit may appoint a competent attorney, who is a resident of Spartanburg County, as assistant solicitor. He shall perform any and all of the duties and functions now or hereafter imposed by law upon the circuit solicitor in Spartanburg County, as the solicitor of the circuit shall authorize, designate and direct. The assistant solicitor shall be appointed by the solicitor of the seventh judicial circuit and shall after appointment be commissioned by the Governor; provided, however, the solicitor of the seventh judicial circuit shall have the right to remove the assistant solicitor from office at his pleasure, and in no event can the assistant solicitor be appointed for a period beyond the term of office of the circuit solicitor. The assistant solicitor shall receive from Spartanburg County as compensation for his services such sum per year as may be provided by the General Assembly, payable the first and fifteenth of each month, and eight hundred dollars per year for travel.
The assistant solicitor shall appear and represent the State in magistrates' courts when requested by the sheriff's department or the highway patrol located in Spartanburg County. He shall further prosecute appeals from magistrates' courts in that county.
HISTORY: 1962 Code Section 1-260; 1953 (48) 401.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 7 - Attorney General And Solicitors › Section 1-7-480. Assistant solicitor for eighth judicial circuit.

There is hereby created the office of assistant solicitor for the eighth judicial circuit, the qualifications for which shall be the same as those of a solicitor. The assistant solicitor shall be appointed by and serve at the pleasure of the circuit solicitor and shall perform such duties as may be assigned to him by the solicitor.
The assistant solicitor shall receive an annual salary equal to one half of that received by the solicitor. He shall also receive the same amount for expenses as received by the solicitor. Each county in the circuit shall pay its pro rata share of such salary and expense allowance based upon population according to the latest official United States census. Such amounts shall be paid monthly in equal payments by the treasurer of each county in the circuit from the general fund of the county.
HISTORY: 1962 Code Section 1-260.01; 1970 (56) 2276.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 7 - Attorney General And Solicitors › Section 1-7-490. Assistant solicitors for ninth judicial circuit.

The Circuit Solicitor for the Ninth Judicial Circuit may appoint seven competent attorneys, each of whom are residents of the circuit, as his assistants who shall perform any and all of the duties and functions now or hereafter imposed by law upon the circuit solicitor as the solicitor of the circuit shall authorize, designate and direct. The assistant circuit solicitors shall be designated in their appointment as first, second, third, fourth, fifth and sixth assistants for Charleston County and assistant circuit solicitor for Berkeley County. The first and second assistants shall enter upon their duties upon the approval of the majority of the Charleston County Legislative Delegation. The first assistant shall receive such compensation for his services as may be provided by law and the second assistant such compensation as may be provided by law to be paid by the County of Charleston. The third assistant shall receive such compensation for his services as may be provided by law, such compensation to be paid from federal funds or from funds appropriated by the Governing Body of Charleston County. The fourth assistant shall devote full time to his duties as assistant solicitor and shall receive such compensation for his services as may be provided by law to be paid from funds appropriated by the Governing Body of Charleston County. The fifth assistant shall receive such compensation for his services as may be provided by law to be paid from funds appropriated by the Governing Body of Charleston County. The sixth assistant shall devote full time to his duties as assistant solicitor and shall receive such compensation for his services as may be provided by law to be paid from funds appropriated by the Governing Body of Charleston County or from federal funds made available to the Governing Body of Charleston County for such purpose. The assistant circuit solicitor for Berkeley County shall enter upon his duties upon the approval of the majority of the Berkeley County Legislative Delegation and shall receive such compensation for his services as may be provided by law to be paid by the County of Berkeley.
HISTORY: 1962 Code Section 1-260.1; 1952 (47) 2076; 1966 (54) 2154; 1969 (56) 2; 1975 (59) 74; 1975 (59) 574; 1976 Act No. 480, Section 1; 1976 Act No. 660, Section 1.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 7 - Attorney General And Solicitors › Section 1-7-500. Assistant solicitor for tenth judicial circuit.

The solicitor of the tenth judicial circuit may employ a lawyer residing in his circuit to assist in performing the duties of his office. The term of office shall be at the pleasure of the solicitor; however, such term shall not extend beyond the term of office of the employing solicitor; provided, that the person named by the solicitor shall be confirmed by a majority of the members of the Anderson and Oconee delegations.
The salary for the person provided by this section shall be such sum annually as may be provided by the General Assembly, to be paid as follows: Seventy per cent shall be paid by Anderson County and thirty per cent shall be paid by Oconee County and such sum shall be paid by the two counties in the same manner that county officers are paid by such counties. The assistant solicitor may receive from time to time such further compensation as the General Assembly may provide.
HISTORY: 1962 Code Section 1-260.2; 1957 (50) 325.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 7 - Attorney General And Solicitors › Section 1-7-510. Assistant solicitor for thirteenth judicial circuit.

The solicitor of the thirteenth judicial circuit may appoint an attorney who is a resident of Greenville County as his full-time assistant who shall perform any of the duties and functions imposed by law upon the circuit solicitor relating to Greenville County. The term of the assistant solicitor shall be coterminous with that of the solicitor and he shall receive such compensation as may be provided by the county council for Greenville County. The compensation of the assistant solicitor and any other expenses incurred pursuant to the provisions of this section shall be borne by Greenville County.
HISTORY: 1962 Code Section 1-260.6; 1973 (58) 219.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 7 - Attorney General And Solicitors › Section 1-7-520. Assistant solicitor for fourteenth judicial circuit.

There is hereby created the office of assistant solicitor for the fourteenth circuit, the qualifications for which shall be the same as those of a solicitor. The assistant solicitor shall be appointed by and serve at the pleasure of the circuit solicitor and shall perform such duties as may be assigned to him by the solicitor.
The assistant solicitor shall receive an annual salary equal to one half of that received by the solicitor. He shall also receive the same amount for expenses as received by the solicitor. Each county in the circuit shall pay its pro rata share of such salary and expense allowance based upon population according to the latest official United States census. Such amounts shall be paid monthly in equal payments by the treasurer of each county in the circuit from the general fund of the county.
HISTORY: 1962 Code Section 1-260.7; 1969 (56) 716.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 7 - Attorney General And Solicitors › Section 1-7-530. Assistant solicitor for sixteenth judicial circuit.

The solicitor of the sixteenth judicial circuit may appoint an attorney who is a resident of the circuit as an assistant solicitor who shall perform such duties and functions as may be assigned to him by the solicitor. The term of office shall be for a period of one year and the assistant solicitor shall receive for his services such compensation as is provided for in the appropriations acts of Union and York Counties.
HISTORY: 1962 Code Section 1-260.9; 1971 (57) 26.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 7 - Attorney General And Solicitors › Section 1-7-533. Special investigator for third judicial circuit.

The solicitor of the third judicial circuit may appoint a special investigator to serve at the pleasure of the solicitor and have such responsibility as the solicitor shall direct. The solicitor shall determine the salary to be paid the investigator which shall be paid from such funds as may be provided by law. The investigator, while engaged in official duties of his office, is authorized to carry a pistol or other handgun. He shall give a bond in the sum of two thousand dollars which shall be in the same form and under the same conditions as required for police officers. He shall be commissioned by the Governor and shall have all the powers and duties provided for constables in Section 23-1-60, Code of Laws of South Carolina, 1976, and shall be a "police officer" as defined in Section 9-11-10.
HISTORY: 1976 Act No. 491, Section 1.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 7 - Attorney General And Solicitors › Section 1-7-540. Special investigator and assistant special investigator for ninth judicial circuit.

The circuit solicitor for the ninth judicial circuit may appoint two competent residents of the circuit who shall be designated as special investigator and assistant special investigator for his office. The special investigator and assistant special investigator shall work under the direction of the solicitor as full-time employees. Their appointment shall be for a period not exceeding the term for which the solicitor was elected. The special investigator and assistant special investigator shall each give a bond in the sum of two thousand dollars, which shall be in the same form and provide the same conditions as required by law of peace officers. The special investigator and assistant special investigator shall be commissioned by the Governor and shall have all the powers, rights and duties, within the ninth judicial circuit, as any State constable, as provided in Section 23-1-60. The special investigator and assistant special investigator shall be "police officers," as defined in Section 9-11-10. The special investigator shall receive such salary as may be provided by law, and an expense allowance of not less than fifteen hundred dollars, such sums to be paid by the Governing Body of Charleston County. The assistant special investigator shall receive such compensation for his services as may be provided by law, such compensation to be paid from federal funds or from funds appropriated by the Governing Body of Charleston County.
HISTORY: 1962 Code Section 1-260.3; 1966 (54) 2155; 1969 (56) 656; 1975 (59) 74.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 7 - Attorney General And Solicitors › Section 1-7-710. Defense of persons claiming under State.

In all cases wherein the right of the State may be involved, the persons claiming under the State shall call on the Attorney General, or on the solicitors in their respective districts, to defend the right of the State; on failure whereof, the record of such case shall not be adduced as evidence to substantiate any claim against the State.
HISTORY: 1962 Code Section 1-261; 1952 Code Section 1-261; 1942 Code Section 3129; 1932 Code Section 3129; Civ. C. '22 Section 811; Civ. C. '12 Section 726; Civ. C. '02 Section 652; G. S. 507; R. S. 569; 1808 (5) 571.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 7 - Attorney General And Solicitors › Section 1-7-720. Suits for penalties.

The Attorney General and solicitors shall sue for the penalties incurred by any public officer or board of public officers.
HISTORY: 1962 Code Section 1-262; 1952 Code Section 1-262; 1942 Code Section 3130; 1932 Code Section 3130; Civ. C. '22 Section 812; Civ. C. '12 Section 727; Civ. C. '02 Section 653; G. S. 508; R. S. 570; 1813 (5) 709; 1814 (5) 733; 1815 (6) 9; 1844 (11) 295.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 7 - Attorney General And Solicitors › Section 1-7-730. Examination of offices of county officers.

The Attorney General and solicitors shall annually, at such times as they may deem expedient, examine into the condition of the offices of the clerk of the court of common pleas and general sessions, of the sheriff and of the register of deeds in the counties of the respective solicitors and ascertain if such officers have discharged the duties which now are, or shall be, required of them; and they shall make a report of the condition of said offices and of the manner in which said officers have discharged their duties to the circuit court in each county, respectively, at the fall term in each year, and also to the General Assembly at its annual session.
HISTORY: 1962 Code Section 1-263; 1952 Code Section 1-263; 1942 Code Section 3131; 1932 Code Section 3131; Civ. C. '22 Section 813; Civ. C. '12 Section 728; Civ. C. '02 Section 654; G. S. 509; R. S. 571; 1837 (6) 577; 1997 Act No. 34, Section 1.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 7 - Attorney General And Solicitors › Section 1-7-750. Circuit solicitors authorized to employ outside counsel.

A circuit solicitor may employ outside counsel, in his discretion, without approval of the Attorney General, for civil forfeiture proceedings arising from criminal activity or from estreatment of bail bonds. In any other matter, the circuit solicitor must obtain written approval of the Attorney General prior to retaining counsel to or filing a civil cause of action.
HISTORY: 2011 Act No. 52, Section 3, eff January 1, 2012.
Editor's Note
2011 Act No. 52, Section 7, provides as follows:
"SECTION 7. This act takes effect January 1, 2012, and applies to all actions that accrue on or after the effective date except the provisions of SECTION 3 do not apply to any matter pending on the effective date of this act."
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 7 - Attorney General And Solicitors › Section 1-7-920. Commission membership.

The commission is composed of the following persons for terms as indicated:
(1) the Chairmen of the Senate and House Judiciary Committees for the terms for which they are elected or their legislative designees;
(2) the Chief of the South Carolina Law Enforcement Division for the term for which he is appointed;
(3) the Director of the Department of Public Safety shall serve during the term for which he is appointed;
(4) a director of a Judicial Circuit Pretrial Intervention Program appointed by the Governor for a term of two years;
(5) a Judicial Circuit Victim-Witness Assistance Advocate appointed by the Governor for a term of two years;
(6) five judicial circuit solicitors appointed by the Governor for a term of four years. However, upon initial appointment, the Governor shall select one for a two-year term, two for a three-year term, and two for a four-year term. If a solicitor appointed to the commission is not re-elected, a vacancy occurs and it must be filled pursuant to the provisions of Section 1-7-930.
HISTORY: 1990 Act No. 485, Section 1; 1996 Act No. 337, Section 1.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 7 - Attorney General And Solicitors › Section 1-7-940. Duties.

(A) The commission has the following duties:
(1) coordinate all administrative functions of the offices of the solicitors and any affiliate services operating in conjunction with the solicitors' offices;
(2) submit the budgets of the solicitors and their affiliate services to the General Assembly;
(3) encourage and develop legal education programs and training programs for solicitors and their affiliate services, organize and provide seminars to help increase the effectiveness and efficiency of the prosecution of criminal cases in this State, and act as a clearinghouse and distribution source for publications involving solicitors and their affiliate services and provide legal updates on matters of law affecting the prosecution of cases in this State;
(4) provide blank indictments for the circuit solicitors.
(B) Nothing in this section may be construed to displace or otherwise affect the functions and responsibilities of the State Victim/Witness Assistance Program as established in Section 16-3-1410.
HISTORY: 1990 Act No. 485, Section 1; 1992 Act No. 347, Section 2.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 7 - Attorney General And Solicitors › Section 1-7-950. Election of chairman and officers.

The chairman of the commission must be elected by a majority vote of the membership of the commission for a two-year term. A majority of the entire membership constitutes a quorum. Other officers as needed by the commission must be elected in the same manner.
HISTORY: 1990 Act No. 485, Section 1.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 7 - Attorney General And Solicitors › Section 1-7-960. Executive director; staff.

The commission has the authority to appoint an executive director who shall serve at the pleasure of the commission. He is responsible for the day-to-day operation of the commission and the coordination of the work with other state agencies. The commission has the authority to hire additional staff as provided for in the annual appropriations act in order to perform the duties of the commission.
HISTORY: 1990 Act No. 485, Section 1.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 7 - Attorney General And Solicitors › Section 1-7-970. Compensation; expenses.

Members of the commission shall serve without pay but are allowed the usual mileage, per diem, and subsistence as provided by law for members of state boards, committees, and commissions. The executive director of the commission shall approve all vouchers for necessary expenses which must be paid from an appropriation as provided for by the General Assembly for the operation of the commission.
HISTORY: 1990 Act No. 485, Section 1.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 7 - Attorney General And Solicitors › Section 1-7-1100. Creation of Office of the Attorney General, South Carolina Crime Victim Services Division; transfer of existing crime victim services entities.

The following agencies, boards, and commissions, including all the allied, advisory, affiliated, or related entities, as well as the employees, funds, property, and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Office of the Attorney General, South Carolina Crime Victim Services Division:
(1) State Office of Victim Assistance, provided for in Articles 13 and 14, Chapter 3, Title 16;
(2) South Carolina Crime Victim Ombudsman, provided for in Article 16, Chapter 3, Title 16;
(3) that portion of the Office of Highway Safety and Justice Programs of the Department of Public Safety that administers the Victims of Crime Act grants, the Violence Against Women Act grants, and the State Victim Assistance Program grants.
HISTORY: 2017 Act No. 96 (S.289), Section 2, eff July 1, 2017.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 7 - Attorney General And Solicitors › Section 1-7-1110. Creation of four crime victim services departments under division; confidential information.

(A) There is created the South Carolina Crime Victim Services (SCCVS) Division in the Office of the Attorney General under the Attorney General's authority. The division must be headed by a director appointed by the Attorney General who shall hold office until his successor is appointed and qualified. There are created four departments within the division, the:
(1) Department of Crime Victim Compensation;
(2) Department of Crime Victim Assistance Grants;
(3) Department of Crime Victim Services Training, Provider Certification, and Statistical Analysis; and
(4) Department of Crime Victim Ombudsman.
The director shall appoint the three deputy directors, pursuant to items (1), (2), and (3), and the ombudsman.
(B) Information including, but not limited to, all papers, files, or investigative materials requested or voluntarily provided and received by any department of the Office of the Attorney General, South Carolina Crime Services Division relating to a particular victim of crime, is confidential and retains its confidential status at all times and may not be shared with other divisions or departments within the Office of the Attorney General in order to pursue prosecution of that victim. In addition, confidential information as defined in this section is not subject to release pursuant to Chapter 4, Title 30, the Freedom of Information Act.
HISTORY: 2017 Act No. 96 (S.289), Section 2, eff July 1, 2017.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 9 - Emergency Provisions › Section 1-9-20. Definitions.

Unless otherwise clearly required by the context, as used in this article:
(a) "Unavailable" means either that a vacancy in office exists and there is no deputy authorized to exercise all of the powers and discharge the duties of the office, or that the lawful incumbent of the office (including any deputy exercising the powers and discharging the duties of an office because of a vacancy) and his duly authorized deputy are absent or unable to exercise the powers and discharge the duties of the office.
(b) "Emergency interim successor" means a person designated pursuant to this article, in the event the officer is unavailable, to exercise the powers and discharge the duties of an office until a successor is appointed or elected and qualified as may be provided by the Constitution, statutes, charters and ordinances or until the lawful incumbent is able to resume the exercise of the powers and discharge the duties of the office.
(c) "Office" includes all State and local offices, the powers and duties of which are defined by the Constitution, statutes, charters, and ordinances, except the office of Governor, and except those in the General Assembly and the judiciary.
(d) "Attack" means any attack or series of attacks by an enemy of the United States causing, or which may cause, substantial damage or injury to civilian property or persons in the United States in any manner by sabotage or by the use of bombs, missiles, shellfire, or atomic, radiological, chemical, bacteriological, or biological means or other weapons or processes.
(e) "Political subdivision" includes counties, cities, towns, villages, townships, districts, authorities, and other public corporations and entities whether organized and existing under charter or general law.
HISTORY: 1962 Code Section 1-1002; 1962 (52) 2198.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 9 - Emergency Provisions › Section 1-9-30. Emergency interim successors to office of Governor.

In the event that the Governor, for any of the reasons specified in the Constitution, is not able to exercise the powers and discharge the duties of his office, or is unavailable, and in the event the Lieutenant Governor, President of the Senate, and the Speaker of the House of Representatives, for any of the reasons specified in the Constitution, are not able to exercise the powers and discharge the duties of the Office of Governor, or are unavailable, the Secretary of State, State Treasurer, or Attorney General, in the order named, if the preceding named officers are unavailable, shall exercise the powers and discharge the duties of the Office of Governor until a new Governor is elected and qualifies, or until a preceding named officer becomes available; provided, however, that no emergency interim successor to the aforementioned offices may serve as Governor.
HISTORY: 1962 Code Section 1-1003; 1962 (52) 2198; 2019 Act No. 1 (S.2), Section 4, eff January 31, 2019.
Effect of Amendment
2019 Act No. 1, Section 4, substituted "President of the Senate" for "President pro tempore of the Senate", and made nonsubstantive changes.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 9 - Emergency Provisions › Section 1-9-40. Designation of successors by State officers; powers; duties; vacancies.

All State officers, subject to such regulations as the Governor (or other official authorized under the Constitution and this article to exercise the powers and discharge the duties of the office of Governor) may issue, shall, upon approval of this article, in addition to any deputy authorized pursuant to law to exercise all of the powers and discharge the duties of the office, designate by title emergency interim successors and specify their order of succession. The officer shall review and revise, as necessary, designations made pursuant to this article to insure their current status. The officer will designate a sufficient number of such emergency interim successors so that there will be not less than three nor more than seven such deputies or emergency interim successors or any combination thereof, at any time. In the event that any State officer is unavailable following an attack, and in the event his deputy, if any, is also unavailable, the powers of his office shall be exercised and the duties of his office shall be discharged by his designated emergency interim successors in the order specified. Such emergency interim successors shall exercise the powers and discharge the duties only until such time as the Governor under the Constitution or authority other than this article (or other official authorized under the Constitution or this article to exercise the powers and discharge the duties of the office of Governor) may, where a vacancy exists, appoint a successor to fill the vacancy or until a successor is otherwise appointed, or elected and qualified as provided by law; or an officer (or his deputy or a preceding named emergency interim successor) becomes available to exercise or resume the exercise of the powers and discharge the duties of his office.
HISTORY: 1962 Code Section 1-1004; 1962 (52) 2198.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 9 - Emergency Provisions › Section 1-9-50. Authorization of qualified local governments to enact ordinances providing for emergency interim successors to local offices.

With respect to local offices for which the governing bodies of cities, towns, villages, townships, and counties may enact resolutions or ordinances relative to the manner in which vacancies will be filled or temporary appointments to office made, such bodies are hereby authorized to enact resolutions or ordinances providing for emergency interim successors to offices of such governmental units. Such resolutions and ordinances shall not be inconsistent with the provisions of the article.
HISTORY: 1962 Code Section 1-1005; 1962 (52) 2198.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 9 - Emergency Provisions › Section 1-9-60. Applicability of emergency interim successor provisions to officers of political subdivisions not included in Section 1-9-50.

The provisions of this section shall be applicable to officers of political subdivisions (including, but not limited to, cities, towns, villages, townships and counties, as well as school, fire, power, water, sewer, watershed conservation, soil conservation, public service and drainage districts) not included in Section 1-9-50. Such officers, subject to such regulations as the executive head of the political subdivision may issue, shall upon approval of this article, designated by title (if feasible) or by named person, emergency interim successors and specify their order of succession. The officer shall review and revise, as necessary, designations made pursuant to this article to insure their current status. The officer will designate a sufficient number of persons so that there will be not less than three, nor more than seven, deputies or emergency interim successors or any combination thereof, at any time. In the event that any officer of any political subdivision (or his deputy provided for pursuant to law) is unavailable, the powers of the office shall be exercised and duties shall be discharged by his designated emergency interim successors in the order specified. The emergency interim successor shall exercise the powers and discharge the duties of the office to which designated until such time as a vacancy which may exist shall be filled in accordance with the Constitution or statutes; or until the officer (or his deputy or a preceding emergency interim successor) again becomes available to exercise the powers and discharge the duties of his office.
HISTORY: 1962 Code Section 1-1006; 1962 (52) 2198.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 9 - Emergency Provisions › Section 1-9-70. Emergency interim successors for judges.

In the event that any judge of any court is unavailable to exercise the powers and discharge the duties of his office, and in the event no other judge authorized to act in the event of absence, disability or vacancy or no special judge appointed in accordance with the provisions of the Constitution or statutes is available to exercise the powers and discharge the duties of such office, the duties of the office shall be discharged and the powers exercised by the special emergency judges hereinafter provided for:
(a) The Governor, upon approval of this article, shall designate for each member of the Supreme Court special emergency judges in the number of not less than three nor more than seven for each member of the court, and shall specify the order of their succession.
(b) The Chief Justice of the Supreme Court in consultation with the other members of the court, upon approval of this article, shall designate for each court of record except the Supreme Court, special emergency judges in the number of not less than three nor more than seven for each judge of the courts, and shall specify the order of their succession.
(c) The judge of the circuit court, upon approval of this article, shall designate not less than three special emergency judges for courts not of record within that circuit and shall specify their order of succession.
The special emergency judges shall, in the order specified, exercise the powers and discharge the duties of such office in case of the unavailability of the regular judge or persons immediately preceding them in the designation. The designating authority shall review and revise, as necessary, designations made pursuant to this article to insure their current status.
The special emergency judges shall discharge the duties and exercise the powers of such office until such time as a vacancy which may exist shall be filled in accordance with the Constitution and statutes or until the regular judge or one preceding the designee in the order of succession becomes available to exercise the powers and discharge the duties of the office.
HISTORY: 1962 Code Section 1-1007; 1962 (52) 2198.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 9 - Emergency Provisions › Section 1-9-80. Oath of successors.

At the time of their designation, emergency interim successors and special emergency judges shall take such oath as may be required for them to exercise the powers and discharge the duties of the office to which they may succeed. Notwithstanding any other provision of law, no person, as a prerequisite to the exercise of the powers or discharge of the duties of an office to which he succeeds, shall be required to comply with any other provision of law relative to taking office.
HISTORY: 1962 Code Section 1-1008; 1962 (52) 2198.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 9 - Emergency Provisions › Section 1-9-90. Duration of successors' authority to exercise powers and duties.

Officials authorized to act as Governor pursuant to this article, emergency interim successors and special emergency judges are empowered to exercise the powers and discharge the duties of an office as herein authorized only after an attack upon the United States, as defined herein, has occurred. The General Assembly by concurrent resolution, may at any time terminate the authority of the emergency interim successors and special emergency judges to exercise the powers and discharge the duties of office, as herein provided.
HISTORY: 1962 Code Section 1-1009; 1962 (52) 2198.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 9 - Emergency Provisions › Section 1-9-100. Designated successors shall serve at pleasure of designating authority prior to assuming new duties of an office.

Until such time as the persons designated as emergency interim successors or special emergency judges are authorized to exercise the powers and discharge the duties of an office in accordance with this article, including Section 1-9-90 hereof, the persons shall serve in their designated capacities at the pleasure of the designating authority and may be removed or replaced by the designating authority at any time, with or without cause.
HISTORY: 1962 Code Section 1-1010; 1962 (52) 2198.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 9 - Emergency Provisions › Section 1-9-110. Governor shall adjudicate disputes.

Any dispute concerning a question of fact arising under this article with respect to an office in the executive branch of the State government (except a dispute of fact relative to the office of Governor) shall be adjudicated by the Governor (or other official authorized under the Constitution and this article to exercise the powers and discharge the duties of the office of Governor) and his decision shall be final.
HISTORY: 1962 Code Section 1-1011; 1962 (52) 2198.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 9 - Emergency Provisions › Section 1-9-210. Declaration of emergency seats of government by Governor.

Whenever, due to an emergency resulting from the effects of enemy attack, or the anticipated effects of a threatened enemy attack, it becomes imprudent, inexpedient or impossible to conduct the affairs of State government at the normal location of the seat thereof in the city of Columbia in Richland County, the Governor shall, as often as the exigencies of the situation require, by proclamation, declare an emergency temporary location, or locations, for the seat of government at such place, or places, within or without this State as he may deem advisable under the circumstances, and shall take such action and issue such orders as may be necessary for an orderly transition of the affairs of State government to such emergency temporary location, or locations. Such emergency temporary location, or locations, shall remain as the seat of government until the General Assembly shall by law establish a new location, or locations, or until the emergency is declared to be ended by the Governor and the seat of government is returned to its normal location.
HISTORY: 1962 Code Section 1-1021; 1962 (52) 2196.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 9 - Emergency Provisions › Section 1-9-220. Official acts at emergency location shall be valid.

During such time as the seat of government remains at such emergency temporary location, or locations, all official acts now or hereafter required by law to be performed at the seat of government by any officer, agency, department or authority of this State, including the convening and meeting of the General Assembly in regular, extraordinary, or emergency session, shall be as valid and binding when performed at such emergency temporary location, or locations, as if performed at the normal location of the seat of government.
HISTORY: 1962 Code Section 1-1022; 1962 (52) 2196.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 9 - Emergency Provisions › Section 1-9-230. Provisions of this article shall control.

The provisions of this article shall control and be supreme in the event it shall be employed notwithstanding the provisions or any other law to the contrary or in conflict herewith.
HISTORY: 1962 Code Section 1-1023; 1962 (52) 2196.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 10 - Removal And Placement Of Confederate Flag › Section 1-10-20. Confederate Flags from above rostrums of Senate and House of Representatives chambers to be placed and displayed in State Museum.

The actual Confederate Flags (Naval Jack) removed from above the rostrum in the chambers of the House of Representatives and the Senate must be placed and permanently displayed in a suitable location in the State Museum.
HISTORY: 2000 Act No. 292, Section 1.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 10 - Removal And Placement Of Confederate Flag › Section 1-10-30. Confederate Flag from dome to be placed and displayed in State Museum.

The actual Confederate Flag (Naval Jack) which is flying on the effective date of this act and which is removed from the dome of the State House must be placed and permanently displayed in a suitable location in the State Museum.
HISTORY: 2000 Act No. 292, Section 6.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 11 - Department Of Administration › Section 1-11-20. Transfer of offices, divisions, other agencies from State Budget and Control Board to appropriate entities.

(A) The South Carolina Confederate Relic Room and Military Museum is transferred from the State Budget and Control Board and is governed by the South Carolina Confederate Relic Room and Military Museum Commission, as established in Section 60-17-10.
(B) The State Energy Office is transferred from the State Budget and Control Board to the Office of Regulatory Staff.
(C) The offices, divisions, or components of the State Budget and Control Board named in this subsection are transferred to, and incorporated into, the Rural Infrastructure Authority as established in Section 11-50-30. All functions, powers, duties, responsibilities, and authority vested in the agencies and authorities, including their governing boards, if any, named in this subsection are devolved upon the Rural Infrastructure Authority and the authority shall constitute the agencies and authorities, including their governing boards, if any, named in this subsection:
(1) Local Government Division in support of the local government loan program as established in Section 1-11-25;
(2) Water Resources Coordinating Council as established in Section 11-37-200(A); and
(3) Division of Regional Development as established in Section 11-42-40.
(D) The regulation of minerals and mineral interests on public land, and the regulation of Geothermal Resources as provided in Chapter 9, Title 10 is transferred to, and incorporated into, the Department of Health and Environmental Control.
(E) The Procurement Services Division of the State Budget and Control Board is transferred to, and incorporated into, the State Fiscal Accountability Authority.
(F) The State Auditor is transferred to, and incorporated into, the State Fiscal Accountability Authority.
(G) South Carolina Infrastructure Facilities Authority as established in Chapter 40, Title 11 and the South Carolina Water Quality Revolving Fund Authority in support of water quality projects and federal loan programs as established in Chapter 5, Title 48 are transferred to, and incorporated into, the State Fiscal Accountability Authority.
HISTORY: 1962 Code Section 1-352; 1952 Code Section 1-352; 1950 (46) 3605, 3608; 2005 Act No. 164, Section 2, eff June 10, 2005; 2014 Act No. 121 (S.22), Pt III, Section 4.B, eff July 1, 2015.
Effect of Amendment
The 2005 amendment made nonsubstantive changes in the first sentence and rewrote the second sentence which formerly read "The State Auditor shall be the director of the Finance Division, ex officio, and the directors of the other divisions shall be employed by the State Budget and Control Board for such time and compensation, not greater than the term and compensation for the State Auditor, as shall be fixed by the Board in its judgment".
2014 Act No. 121, Section 4.B, rewrote the section.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 11 - Department Of Administration › Section 1-11-22. Organization of staff.

Notwithstanding any other provision of law, the Department of Administration may organize its staff as it deems most appropriate to carry out the various duties, responsibilities and authorities assigned to it and to its various divisions.
HISTORY: 1983 Act No. 151, Part II, Section 27.
Code Commissioner's Note
At the direction of the Code Commissioner, references in this section to the offices of the former State Budget and Control Board, Office of the Governor, or other agencies, were changed to reflect the transfer of them to the Department of Administration or other entities, pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, Section 5(D)(1), effective July 1, 2015.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 11 - Department Of Administration › Section 1-11-23. Filling vacancy in position of Director of Budget Division.

Vacancies in the position of Director of the Budget Division of the State Budget and Control Board must be filled by appointment of the Budget and Control Board.
HISTORY: 1992 Act No. 501, Part II Section 13E.
Code Commissioner's Note
At the direction of the Code Commissioner, reference in this section to the former Budget and Control Board has not been changed pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, Section 5(D)(1), until further action by the General Assembly.