reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 7 - Elections › Chapter 25 - Offenses Against The Election Laws › Section 7-25-210. Vandalizing or removing political campaign sign; exceptions; penalty.

(A) It is unlawful to deface, vandalize, tamper with, or remove a lawfully placed political campaign sign prior to the election without the permission of the candidate or party.
(B) This section does not apply to a governmental entity when a political campaign sign is removed because of noncompliance with applicable law, or because an employee of the governmental entity removing the sign is working within the course and scope of his employment.
(C) A person who violates the provisions of subsection (A) is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned not more than thirty days, or both.
HISTORY: 2005 Act No. 116, Section 1, eff June 3, 2005.
2023 South Carolina Code of Laws › Title 7 - Elections › Chapter 25 - Offenses Against The Election Laws › Section 7-25-220. Immunity of poll workers.

A poll worker, whether or not compensated, while acting pursuant to or in furtherance of the holding or conduct of an election, shall be immune from personal civil liability for any act or omission when the act or omission is done or made in good faith and does not constitute gross negligence, recklessness, willfulness, or wantonness.
HISTORY: 2006 Act No. 284, Section 2, eff May 19, 2006.
Editor's Note
2006 Act No. 284, Section 5, provides as follows:
"This act takes effect upon approval by the Governor and must not be put into practice until it receives preclearance by the United States Department of Justice." [preclearance received September 5, 2006]
2023 South Carolina Code of Laws › Title 8 - Public Officers and Employees › Chapter 1 - General Provisions › Section 8-1-10. "Public officers" defined.

The term "public officers" shall be construed to mean all officers of the State that have heretofore been commissioned and trustees of the various colleges of the State, members of various State boards and other persons whose duties are defined by law.
HISTORY: 1962 Code Section 50-1; 1952 Code Section 50-1; 1942 Code Sections 1512, 3042; 1932 Code Sections 1512, 3042; Civ. C. '22 Section 733; Cr. C. '22 Section 460; Civ. C. '12 Section 649; Cr. C. '12 Section 535; 1901 (23) 754.
2023 South Carolina Code of Laws › Title 8 - Public Officers and Employees › Chapter 1 - General Provisions › Section 8-1-20. Illegal collecting and retaining rebates, commissions, or discounts.

A state or county officer who receives or collects a rebate, commission, or discount from a person upon the purchase of books or other property or supplies or from printing or advertising, whether for use of the State or a county, and fails or refuses to pay it to the proper state or county authority at the time of receiving it is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years. A person convicted under this section must forfeit his office.
HISTORY: 1962 Code Section 50-2; 1952 Code Section 50-2; 1942 Code Section 1254; 1932 Code Section 1254; Cr. C. '22 Section 149; Cr. C. '12 Section 303; Cr. C. '02 Section 223; 1897 (22) 519; 1993 Act No. 184, Section 14, eff January 1, 1994.
2023 South Carolina Code of Laws › Title 8 - Public Officers and Employees › Chapter 1 - General Provisions › Section 8-1-30. Knowingly allowing false claims by witnesses or jurors of mileage traveled.

It is unlawful for an officer, whose duty it is to certify to the mileage of any juror, witness, or other person required to attend court or to travel to perform any legal duty, to knowingly allow a claim for mileage other than prescribed by law.
A person who violates the provisions of this section is guilty of a misdemeanor. Upon conviction, the officer must be fined in the discretion of the court or imprisoned not more than one year, or both. The officer is liable in a civil action to pay to the county a penalty equal to ten times the amount which the county may lose by reason of the excess payment for mileage.
HISTORY: 1962 Code Section 50-3; 1952 Code Section 50-3; 1942 Code Section 1517; 1932 Code Section 1517; Cr. C. '22 Section 465; Cr. C. '12 Section 302; Cr. C. '02 Section 222; 1897 (22) 732; 1993 Act No. 184, Section 143, eff January 1, 1994.
2023 South Carolina Code of Laws › Title 8 - Public Officers and Employees › Chapter 1 - General Provisions › Section 8-1-40. Failure of clerk, sheriff, or magistrate to pay over fines or penalties.

Any clerk of the circuit court, county sheriff or magistrate who shall neglect or refuse immediately to pay over, as required, any and all fines and penalties collected by him in any criminal cause or proceeding shall, on conviction thereof, be subject to a fine of not less than one hundred nor more than one thousand dollars and imprisonment for not less than three nor more than six months and shall be dismissed from office and disqualified from holding any office of trust and profit under this State.
HISTORY: 1962 Code Section 50-4; 1952 Code Section 50-4; 1942 Code Section 1519; 1932 Code Section 1519; Cr. C. '22 Section 467; Cr. C. '12 Section 540; Cr. C. '02 Section 383; G. S. 2553; R. S. 300; 1871 (15) 656.
2023 South Carolina Code of Laws › Title 8 - Public Officers and Employees › Chapter 1 - General Provisions › Section 8-1-50. Allowing records to be taken from office.

If any clerk of any court of record, judge of probate, master, register of deeds or sheriff shall allow any record, or any part thereof, to be taken or removed from their respective offices by any person whomsoever, he shall be guilty of a misdemeanor and upon conviction thereof he shall be punished by a fine of fifty dollars for the first offense and for the second and any subsequent offense by a fine of one hundred dollars. Nothing herein contained shall be held to apply to the attendance of any of such officers with any of the records of their respective offices in any court when the actual production of such record is required by the proper process of such court for the purpose of evidence in any trial then proceeding therein nor shall the provisions of this section apply to the taking or removal of any books or records when done under any order of a circuit judge for the better preservation or protection of such books or records.
HISTORY: 1962 Code Section 50-5; 1952 Code Section 50-5; 1942 Code Section 1526; 1932 Code Section 1526; Cr. C. '22 Section 473; Cr. C. '12 Section 547; Cr. C. '02 Section 390; G. S. 2557; R. S. 307; 1882 (18) 871; 1885 (19) 415; 1997 Act No. 34, Section 1, eff January 1, 1998.
2023 South Carolina Code of Laws › Title 8 - Public Officers and Employees › Chapter 1 - General Provisions › Section 8-1-60. Neglect of duty.

Any clerk of the court of common pleas and general sessions, sheriff, judge of probate or register of deeds in this State who shall wilfully fail or neglect to discharge all the duties and perform all the services which are required of him by law shall, in addition to his liability to the person aggrieved, be liable to be indicted as for a misdemeanor and upon conviction thereof shall be fined, at the discretion of the court, not exceeding five hundred dollars.
HISTORY: 1962 Code Section 50-6; 1952 Code Section 50-6; 1942 Code Section 1527; 1932 Code Section 1527; Cr. C. '22 Section 474; Cr. C. '12 Section 548; Cr. C. '02 Section 391; G. S. 2558; R. S. 308; 1837 (6) 577; 1997 Act No. 34, Section 1, eff January 1, 1998.
2023 South Carolina Code of Laws › Title 8 - Public Officers and Employees › Chapter 1 - General Provisions › Section 8-1-70. Officers reported by circuit solicitor for neglect of duty; indictment.

If any clerk of the court of common pleas and general sessions, sheriff, judge of probate or register of deeds in this State shall be reported by a circuit solicitor as having wilfully failed or neglected to discharge any of the duties or to perform any of the services appertaining to his office which are required of him by law, the court shall order a bill of indictment to be preferred against such delinquent officer.
HISTORY: 1962 Code Section 50-7; 1952 Code Section 50-7; 1942 Code Section 1528; 1932 Code Section 1528; Cr. C. '22 Section 475; Cr. C. '12 Section 549; Cr. C. '02 Section 392; G. S. 2559; R. S. 309; 1837 (6) 577; 1997 Act No. 34, Section 1, eff January 1, 1998.
2023 South Carolina Code of Laws › Title 8 - Public Officers and Employees › Chapter 1 - General Provisions › Section 8-1-80. Misconduct of public officer; office declared vacant.

Any public officer whose authority is limited to a single election or judicial district who is guilty of any official misconduct, habitual negligence, habitual drunkenness, corruption, fraud, or oppression shall be liable to indictment and, upon conviction thereof, shall be fined not more than one thousand dollars and imprisoned not more than one year.
The presiding judge before whom any public officer convicted under this section is tried shall order a certified copy of the indictment to be immediately transmitted to the Governor who must, upon receipt of the indictment, by executive order declare the office to be vacant. The office must be filled as in the case of the death or resignation of the officer.
HISTORY: 1962 Code Section 50-8; 1952 Code Section 50-8; 1942 Code Section 1525; 1932 Code Section 1525; Cr. C. '22 Section 472; Cr. C. '12 Section 545; Cr. C. '02 Section 388; R. S. 305; 1829 (6) 391; 1993 Act No 181 Section 66, eff July 1, 1993.
2023 South Carolina Code of Laws › Title 8 - Public Officers and Employees › Chapter 1 - General Provisions › Section 8-1-100. Suspension of officer indicted for crime.

Except as provided in Section 8-1-110, any state or county officer who is indicted in any court for any crime may, in the discretion of the Governor, be suspended by the Governor, who in event of suspension shall appoint another in his stead until he shall be acquitted. In case of conviction, the office shall be declared vacant by the Governor and the vacancy filled as provided by law.
HISTORY: 1962 Code Section 50-10; 1956 (49) 1841; 1993 Act No 181, Section 67, eff July 1, 1993.
2023 South Carolina Code of Laws › Title 8 - Public Officers and Employees › Chapter 1 - General Provisions › Section 8-1-110. Suspension of officer charged with embezzlement or misappropriation of funds; removal upon conviction.

Whenever it shall be brought to the notice of the Governor by affidavit that any officer who has the custody of public or trust funds is probably guilty of embezzlement or the appropriation of public or trust funds to private use then the Governor shall direct his immediate prosecution by the proper officer and, upon true bill found, the Governor shall suspend such officer and appoint one in his stead until he shall have been acquitted by the verdict of a jury. In case of conviction the office shall be declared vacant and the vacancy filled as may be provided by law.
HISTORY: 1962 Code Section 50-205; 1952 Code Section 50-205; 1942 Code Section 985; 1932 Code Section 985; Cr. P. '22 Section 76; Cr. C. '12 Section 546; Cr. C. '02 Section 389; G. S. 2556; R. S. 306; 1896 (22) 312.
2023 South Carolina Code of Laws › Title 8 - Public Officers and Employees › Chapter 1 - General Provisions › Section 8-1-120. County health employees entitled to same employee benefits as other public employees.

All county health department employees, without regard to whether they are compensated partially or wholly by the State or county, shall be entitled to all benefits to which other state or county employees are entitled including, but not limited to, group insurance benefits.
HISTORY: 1962 Code Section 32-108.1; 1974 (58) 2184.
2023 South Carolina Code of Laws › Title 8 - Public Officers and Employees › Chapter 1 - General Provisions › Section 8-1-130. Holding certain offices and serving as city attorney not dual officeholding.

Any member of a lawfully and regularly organized fire department, county veterans affairs officer, constable, or municipal judge serving as attorney for another city is not considered to be a dual officeholder, by virtue of serving in that capacity, for the purposes of the Constitution of this State.
HISTORY: 1987 Act No. 127 Section 1, eff June 8, 1987.
2023 South Carolina Code of Laws › Title 8 - Public Officers and Employees › Chapter 1 - General Provisions › Section 8-1-145. Irrevocable resignation of elected office holder to take effect in future; election to fill vacancy.

(A) A person holding an office in this State filled by a vote of qualified electors may submit a written irrevocable resignation from that office which is effective on a specific date.
(B) An election must be held in accordance with the provisions of Section 7-13-190 or other applicable provisions of law to fill the office to be vacated as if the vacancy occurred on the date the written irrevocable resignation is submitted.
(C) The newly elected official may not take office until the vacancy actually occurs.
HISTORY: 1990 Act No. 382, Section 1, eff March 19, 1990.
2023 South Carolina Code of Laws › Title 8 - Public Officers and Employees › Chapter 1 - General Provisions › Section 8-1-150. Filling vacancies.

Whenever a vacancy occurs in the membership of the governing body of a special purpose district or public service district, and the duties of the governing body are prescribed by law, and there is no provision for filling the vacancy, it must be filled in the same manner of original appointment or election for the remainder of the unexpired term.
HISTORY: 1988 Act No. 652, eff June 3, 1988.
2023 South Carolina Code of Laws › Title 8 - Public Officers and Employees › Chapter 1 - General Provisions › Section 8-1-155. Preference to resident of state.

Notwithstanding another provision of law, if a vacancy occurs in a state agency, other than an institution of higher learning, or if an agency acts to fill a new position, the agency shall give preference to a resident of this State, if the applicants are equally qualified for the vacancy or new position.
HISTORY: 2008 Act No. 353, Section 2, Pt 20D, eff July 1, 2008.
2023 South Carolina Code of Laws › Title 8 - Public Officers and Employees › Chapter 1 - General Provisions › Section 8-1-160. Performance increase or decrease in salary; redress for decrease.

Notwithstanding other provisions of law, state agencies may increase or decrease individual employee salaries based upon performance. Such increase or decrease shall be determined by the agency. Performance increases shall not place an employee's salary above the maximum of the grade or executive compensation level. Performance decreases may not place an employee's salary below the minimum of the grade or executive compensation level. Performance decreases shall be based on the results of an EPMS evaluation. Employees assessed salary decreases may seek redress through the state employees' grievance system.
HISTORY: 1993 Act No. 178, Section 7, eff July 1, 1993.
2023 South Carolina Code of Laws › Title 8 - Public Officers and Employees › Chapter 1 - General Provisions › Section 8-1-170. Group productivity incentive programs.

State agencies are authorized to develop group productivity incentive programs for the recognition and award of team accomplishments through group performance. Employees of any organizational unit within each of the various agencies are eligible to share equally twenty-five percent of the identified savings resulting from reduced operational costs in the unit up to a maximum of two thousand dollars per employee in a fiscal year. The agency shall adopt policies and procedures to determine unit expenses or base data and for the year of participation in the group productivity incentive program. Records of proposals, actual dollar savings, and employee awards will be reported to the Department of Administration or its designee. Any bonus or cash award paid as a group productivity incentive shall not become a part of the employee's base salary and shall not be considered as compensation in terms of contributions to and determination of benefits for any of the state's retirement systems.
HISTORY: 1993 Act No. 178, Section 7, eff July 1, 1993.
2023 South Carolina Code of Laws › Title 8 - Public Officers and Employees › Chapter 1 - General Provisions › Section 8-1-180. Tokens of recognition and other rewards; limit on amount per individual.

State agencies and institutions shall be allowed to spend public funds on employee plaques, certificates, and other events, including meals and similar types of recognition to reward innovations or improvements by individual employees or employee teams that enhance the quality of work or productivity or as a part of employee development programs of their agency or institution. Awards shall be limited to fifty dollars for each individual.
HISTORY: 1993 Act No. 178, Section 7, eff July 1, 1993.
2023 South Carolina Code of Laws › Title 8 - Public Officers and Employees › Chapter 1 - General Provisions › Section 8-1-190. Pilot programs to create innovation in state government.

Notwithstanding other provisions of law, the Budget and Control Board is authorized to enter into pilot programs with individual agencies or groups of agencies in order to create innovations in State Government. The Budget and Control Board will monitor the findings and results of pilot programs to determine if legislative recommendations should be provided to the General Assembly.
HISTORY: 1993 Act No. 178, Section 7, eff July 1, 1993.
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.
2023 South Carolina Code of Laws › Title 8 - Public Officers and Employees › Chapter 3 - Commissions, Oaths And Bonds › Section 8-3-10. Oath and commission prerequisite to assumption of duties.

It shall be unlawful for any person to assume the duties of any public office until he has taken the oath provided by the Constitution and been regularly commissioned by the Governor.
HISTORY: 1962 Code Section 50-51; 1952 Code Section 50-51; 1942 Code Sections 1512, 3042; 1932 Code Sections 1512, 3042; Civ. C. '22 Section 733; Cr. C. '22 Section 460; Civ. C. '12 Section 649; Cr. C. '12 Section 535; 1901 (23) 754.
2023 South Carolina Code of Laws › Title 8 - Public Officers and Employees › Chapter 3 - Commissions, Oaths And Bonds › Section 8-3-30. Form of bond by all public officers.

The bond given by any person elected or appointed to any office for which bond is required shall be of the form following:
"State of South Carolina.
"Know all men by these presents, that we (here insert the names of the person and his sureties) are held and firmly bound unto the State of South Carolina in the penal sum of (insert the amount required by law) dollars, to the payment of which, well and truly to be made, we bind ourselves and each and every of us, our heirs, executors and administrators, firmly by these presents. Sealed with our seal and dated this (insert the day) day of (insert the month) Anno Domini one thousand nine hundred and (insert the year) and in the (insert the year) year of the Independence of the United States of America.
"Whereas, The above bound (insert the name of the person appointed or elected) hath been appointed (or elected, as the case may be) to the office of (insert the office).
"Now the condition of the above obligation is such that if the above bound (insert the name of the person appointed or elected) shall well and truly perform the duties of said office, as now or hereafter required by law, during the whole period he may continue in said office, then the above obligation to be void and of none effect or else to remain in full force and virtue.
"Sealed and delivered in the presence of:
"__________, (L.S.) "(Here place name of witness.)"
HISTORY: 1962 Code Section 50-55; 1952 Code Section 50-55; 1942 Code Section 3045; 1932 Code Section 3045; Civ. C. '22 Section 736; Civ. C. '12 Section 652; Civ. C. '02 Section 584; G. S. 443; R. S. 504; 1829 (6) 383.
2023 South Carolina Code of Laws › Title 8 - Public Officers and Employees › Chapter 3 - Commissions, Oaths And Bonds › Section 8-3-40. Secretary of State to supply blank forms of bonds.

The Secretary of State shall ascertain the number of officers in this State for whom bonds are required and cause an equal number of such bonds to be printed annually at the expense of the State. Such forms shall include space for the proper officers to approve securities and for probate. The Secretary of State shall distribute to each county, annually, the number of such bonds equal to the number of officers for whom bonds are required in that county.
HISTORY: 1962 Code Section 50-56; 1952 Code Section 50-56; 1942 Code Section 3046; 1932 Code Section 3046; Civ. C. '22 Section 737; Civ. C. '12 Section 655; Civ. C. '02 Section 587; G. S. 444; R. S. 505; 1829 (6) 384; 1982 Act No. 329.
2023 South Carolina Code of Laws › Title 8 - Public Officers and Employees › Chapter 3 - Commissions, Oaths And Bonds › Section 8-3-50. Clerks shall receive blank forms and give to officers.

Each county clerk shall receive the bonds for his county and deliver one to each person elected or appointed to any such office, whenever called for.
HISTORY: 1962 Code Section 50-57; 1952 Code Section 50-57; 1942 Code Section 3047; 1932 Code Section 3047; Civ. C. '22 Section 738; Civ. C. '12 Section 656; Civ. C. '02 Section 588; G. S. 445; R. S. 506.
2023 South Carolina Code of Laws › Title 8 - Public Officers and Employees › Chapter 3 - Commissions, Oaths And Bonds › Section 8-3-60. Assumption of office before giving bond.

It shall be unlawful for any person to assume or attempt to assume the duties of any office for which a bond is required, without having given the bond required. Any person assuming or attempting to assume the duties of any office as aforesaid shall be guilty of a misdemeanor and shall be subject to a fine of five hundred dollars or imprisonment for not less than three months, in the discretion of the court.
HISTORY: 1962 Code Section 50-58; 1952 Code Section 50-58; 1942 Code Section 1513; 1932 Code Section 1513; Cr. C. '22 Section 461; Cr. C. '12 Section 536; Cr. C. '02 Section 379; 1901 (23) 750.
2023 South Carolina Code of Laws › Title 8 - Public Officers and Employees › Chapter 3 - Commissions, Oaths And Bonds › Section 8-3-70. Prohibition on pay until bond given.

No executive, judicial or other officer, elected or appointed to any office in the State, shall be entitled to receive any pay or emoluments of office until he shall have been duly commissioned and qualified and shall have given bond when so required to do by law.
HISTORY: 1962 Code Section 50-59; 1952 Code Section 50-59; 1942 Code Section 3077; 1932 Code Section 3077; Civ. C. '22 Section 764; Civ. C. '12 Section 680; Civ. C. '02 Section 610; G. S. 582; R. S. 529; 1901 (23) 750.
2023 South Carolina Code of Laws › Title 8 - Public Officers and Employees › Chapter 3 - Commissions, Oaths And Bonds › Section 8-3-80. Certain county officials required to give corporate surety.

Before any county official, other than a magistrate, constable or rural county policeman, who is required by law to give bond shall enter into the discharge of the duties of his office he shall secure bond in some reliable surety company authorized to do business in this State, except that if any official be refused bond by any of such surety companies, after proper application, a personal bond shall be accepted when approved as provided by law.
HISTORY: 1962 Code Section 50-60; 1952 Code Section 50-60; 1942 Code Section 3058; 1932 Code Section 3058; Civ. C. '22 Section 749; Civ. C. '12 Section 667; Civ. C. '02 Section 599; R. S. 517; 1892 (21) 76; 1894 (21) 757; 1896 (22) 28; 1912 (27) 703.
2023 South Carolina Code of Laws › Title 8 - Public Officers and Employees › Chapter 3 - Commissions, Oaths And Bonds › Section 8-3-90. Surety company bonds authorized.

Solvent guaranty companies, surety companies, fidelity insurance companies and fidelity and deposit companies incorporated and organized under the laws of this State or any other state of the United States or foreign governments for the purpose of transacting the business of fidelity insurance which have a paid-up capital or surplus of two hundred fifty thousand dollars and which shall have complied with all the requirements of law as to a license required by this State may, upon proper proof thereof and upon production of evidence of solvency, be accepted upon the bonds of all city, county and State officers of this State. The various officers of this State whose duty it is to approve the sureties upon such bonds may accept such a company as one of the sureties or the only surety upon such bond as the solvency of such company may warrant. But no person having the approval of any bond shall exact that it be furnished by a guaranty company or by any particular guaranty company. Any such bond shall be made payable to the State.
HISTORY: 1962 Code Section 50-61; 1952 Code Section 50-61; 1942 Code Section 3058; 1932 Code Section 3058; Civ. C. '22 Section 749; Civ. C. '12 Section 667; Civ. C. '02 Section 599; R. S. 517; 1892 (21) 76; 1894 (21) 757; 1896 (22) 28; 1912 (27) 703; 1947 (45) 322.
2023 South Carolina Code of Laws › Title 8 - Public Officers and Employees › Chapter 3 - Commissions, Oaths And Bonds › Section 8-3-100. Cost of bonds from corporate surety.

When the official of any county secures bond from a surety company the cost of such bond shall be paid by the governing body of the county out of the ordinary county funds.
HISTORY: 1962 Code Section 50-63; 1952 Code Section 50-63; 1942 Code Section 3058; 1932 Code Section 3058; Civ. C. '22 Section 749; Civ. C. '12 Section 667; Civ. C. '02 Section 599; R. S. 517; 1892 (21) 76; 1894 (21) 757; 1896 (22) 28; 1912 (27) 703.
2023 South Carolina Code of Laws › Title 8 - Public Officers and Employees › Chapter 3 - Commissions, Oaths And Bonds › Section 8-3-110. Distribution of liability among sureties.

Each surety on a personal official bond may state in writing the amount of the liability assumed by him, beyond which amount he shall not be held. The aggregate of the amounts assumed by all the sureties shall not be less than the penalty of the bond. In case of loss or default, the sureties will be entitled, as between each other, to contribution in the proportion of their liability.
HISTORY: 1962 Code Section 50-65; 1952 Code Section 50-65; 1942 Code Section 3048; 1932 Code Section 3048; Civ. C. '22 Section 739; Civ. C. '12 Section 657; Civ. C. '02 Section 589; G. S. 452; R. S. 507; 1866 (13) 469; 1868 (14) 19.
2023 South Carolina Code of Laws › Title 8 - Public Officers and Employees › Chapter 3 - Commissions, Oaths And Bonds › Section 8-3-120. Residence of sureties for county officers.

The sureties, other than corporate sureties, on bonds of all county officers must be citizens of the county in which their principal resides.
HISTORY: 1962 Code Section 50-66; 1952 Code Section 50-66; 1942 Code Section 3048; 1932 Code Section 3048; Civ. C. '22 Section 739; Civ. C. '12 Section 657; Civ. C. '02 Section 589; G. S. 452; R. S. 507; 1866 (13) 469; 1868 (14) 19.
2023 South Carolina Code of Laws › Title 8 - Public Officers and Employees › Chapter 3 - Commissions, Oaths And Bonds › Section 8-3-130. Examination and approval of bonds.

The official bond of each officer of the executive department must be submitted to the Governor for his approval. The official bonds of all county officers must be examined and approved or disapproved by the governing body of the county, except the bonds of the members of such governing body which must be examined and approved or disapproved by the clerk of court or the Attorney General. In all cases in which the governing body of the county refuses to approve the bond of any county officer, such officer may refer the bond to the Attorney General and, if approved by him, after hearing evidence, the bond shall be accepted by the governing body of the county.
HISTORY: 1962 Code Section 50-67; 1952 Code Section 50-67; 1942 Code Section 3049; 1932 Code Section 3049; Civ. C. '22 Section 740; Civ. C. '12 Section 658; Civ. C. '02 Section 590; G. S. 453, 466, 611; R. S. 508; 1868 (14) 70; 1872 (15) 106; 1875 (15) 986; 1893 (21) 481.
2023 South Carolina Code of Laws › Title 8 - Public Officers and Employees › Chapter 3 - Commissions, Oaths And Bonds › Section 8-3-140. Approval by Attorney General of form and execution of bonds of officers of State; recordation.

The bonds of all public officers of the State shall, before they are accepted or recorded, be examined by the Attorney General or by one of the solicitors, who must certify in writing upon the bond that he approves the form and execution thereof. When so examined, approved and certified the bonds of State, district or circuit officers shall be filed with the Secretary of State and shall be recorded by him, without charge, in suitable books kept by him for the purpose and when so recorded shall be filed with the State Treasurer except that the bond of the State Treasurer shall be filed with the Governor.
HISTORY: 1962 Code Section 50-68; 1952 Code Section 50-68; 1942 Code Section 3050; 1932 Code Section 3050; Civ. C. '22 Section 741; Civ. C. '12 Section 659; Civ. C. '02 Section 591; G. S. 446; R. S. 509; 1877 (16) 301; 1901 (23) 750.
2023 South Carolina Code of Laws › Title 8 - Public Officers and Employees › Chapter 3 - Commissions, Oaths And Bonds › Section 8-3-150. Recordation and filing of bonds of county officers.

Every county officer who is required to give bond for the faithful performance of the duties of his office shall, within thirty days after notification of his election or appointment, have his bond recorded in the office of the register of deeds or, if there be no such officer, in the office of the clerk of the circuit court for the county in which such officer resides and the register or clerk shall keep a separate book, properly indexed, for the purpose of recording such bonds, which shall be provided by the governing body of the county. The register or clerk shall be entitled to exact a fee from the public officer of one dollar for recording his bond. But no such bond shall be recorded until first approved as to surety by the proper officials as prescribed by law and as to execution and form by the Attorney General or such other official as may be designated for this purpose. Such bonds when recorded shall be immediately transmitted to the Secretary of State who, after recording them as required by Section 8-3-140, shall file them with the State Treasurer.
HISTORY: 1962 Code Section 50-69; 1952 Code Section 50-69; 1942 Code Section 3051; 1932 Code Section 3051; Civ. C. '22 Section 742; Civ. C. '12 Section 660; Civ. C. '02 Section 592; G. S. 449; R. S. 510; 1866 (13) 382; 1901 (23) 749; 1920 (31) 785; 1997 Act No. 34, Section 1, eff January 1, 1998.
2023 South Carolina Code of Laws › Title 8 - Public Officers and Employees › Chapter 3 - Commissions, Oaths And Bonds › Section 8-3-160. Governing body of county to examine sufficiency of county officers' bonds and correct deficiencies.

The governing body of each county in the State shall make an annual examination into the sufficiency of all the county officers' bonds within their respective counties and take action to correct any deficiencies with regard to any bond which, in its judgment, may be insufficient.
HISTORY: 1962 Code Section 50-70; 1952 Code Section 50-70; 1942 Code Section 3053; 1932 Code Section 3053; Civ. C. '22 Section 744; Civ. C. '12 Section 662; Civ. C. '02 Section 594; R. S. 512; 1876 (16) 699; 1982 Act No. 326.
2023 South Carolina Code of Laws › Title 8 - Public Officers and Employees › Chapter 3 - Commissions, Oaths And Bonds › Section 8-3-180. Procedure when bond becomes unsatisfactory.

If any surety on any such official bond should die or depart permanently from the State or if such board or the Governor, respectively, should, at the time of the annual examination or at any other time, be of opinion that any of the sureties is not worth as much clear of debt as his proportion of the obligation to which his name is affixed, the board or the Governor, as the case may be, shall cause the public officer whose surety has departed this life or removed from the State or is objected to for insufficiency of estate to be notified of such exception. Any such officer shall, within thirty days after the service of such notification, procure other surety satisfactory to the board or the Governor, as the case may be, but so as not to cancel or at all impair the original bond or produce satisfactory evidence to the board or the Governor, as the case may be, that the surety objected to as owning insufficient property, as aforesaid, is worth as much as his proportion of the obligation, clear of debt; or else the officer shall procure such additional and sufficient surety or sureties as the board or the Governor, respectively, shall approve. And in default of compliance with either of such requirements within thirty days the office of the defaulting officer shall be regarded as vacant.
HISTORY: 1962 Code Section 50-72; 1952 Code Section 50-72; 1942 Code Section 3052; 1932 Code Section 3052; Civ. C. '22 Section 743; Civ. C. '12 Section 661; Civ. C. '02 Section 593; G. S. 447; R. S. 511; 1820 (6) 147; 1886 (19) 381.
2023 South Carolina Code of Laws › Title 8 - Public Officers and Employees › Chapter 3 - Commissions, Oaths And Bonds › Section 8-3-190. Execution of new bond when surety demands relief; release of prior sureties.

When any of the sureties of any officer elected or appointed to any office shall, in writing, notify the proper officer whose duty it is to approve the bond of such officer that they desire to be relieved from their suretyship, the officer authorized by law to approve such bond shall require the officer to execute a new bond with surety, which, when approved, shall be as valid as the bond given on the original election of appointment of such officer. And the sureties upon the prior bond shall be released from responsibility for all acts or defaults of such officer which may be done or committed subsequent to the approval of such new bond.
HISTORY: 1962 Code Section 50-73; 1952 Code Section 50-73; 1942 Code Section 3056; 1932 Code Section 3056; Civ. C. '22 Section 747; Civ. C. '12 Section 665; Civ. C. '02 Section 597; R. S. 515; 1887 (19) 783.
2023 South Carolina Code of Laws › Title 8 - Public Officers and Employees › Chapter 3 - Commissions, Oaths And Bonds › Section 8-3-200. Effect of failure to submit satisfactory new bond.

When any officer shall be required to execute a new bond, with surety, as provided for in Section 8-3-190, he shall proceed forthwith to execute such new bond and submit it for approval to the officer authorized by law to approve it. If he shall fail or neglect to so execute and submit such new bond or fail or neglect to execute and submit a bond satisfactory to the officer authorized to approve such bond within thirty days after having been required so to do, the officer authorized to approve such new bond shall forthwith report to the Governor that such officer has been duly required under the provisions of Section 8-3-190 to furnish a new bond and that such officer has failed so to do. Upon being so informed and upon receiving a certified copy of all the papers relative to the case, the Governor, by public proclamation shall forthwith declare the office held by such defaulting officer vacant and such office so made vacant shall be filled in the manner now provided by law.
HISTORY: 1962 Code Section 50-74; 1952 Code Section 50-74; 1942 Code Section 3057; 1932 Code Section 3057; Civ. C. '22 Section 748; Civ. C. '12 Section 666; Civ. C. '02 Section 598; R. S. 516; 1887 (19) 783.
2023 South Carolina Code of Laws › Title 8 - Public Officers and Employees › Chapter 3 - Commissions, Oaths And Bonds › Section 8-3-210. State officers and employees shall advise interested persons as to bonds and furnish copies.

Any officer, agent, servant or employee in any office of the State or any of its boards, bureaus, departments, commissions or other instrumentalities, upon request therefor by any interested person, shall supply such person with information as to whether any person employed in any office, board, bureau, department, commission, agency or other instrumentality of the State is bonded for any purpose and, if so, furnish such interested person with a copy of such bond.
HISTORY: 1962 Code Section 50-75; 1952 Code Section 50-75; 1942 Code Section 3061; 1939 (41) 335.
2023 South Carolina Code of Laws › Title 8 - Public Officers and Employees › Chapter 3 - Commissions, Oaths And Bonds › Section 8-3-220. Bonds of public officers may be sued on.

The bond of any public officer in this State may at all times be sued on by the public, any corporation or private person aggrieved by any misconduct of any such public officer.
HISTORY: 1962 Code Section 50-76; 1952 Code Section 50-76; 1942 Code Section 3054; 1932 Code Section 3054; Civ. C. '22 Section 745; Civ. C. '12 Section 663; Civ. C. '02 Section 595; G. S. 450; R. S. 513; 1901 (23) 750.
2023 South Carolina Code of Laws › Title 8 - Public Officers and Employees › Chapter 3 - Commissions, Oaths And Bonds › Section 8-3-230. Certified copies of bonds delivered to parties to suit on request.

For the purpose of any suit brought under Section 8-3-220 the officer or officers, for the time being, with whom such bond may be filed or recorded, upon application at his or their office, shall deliver to any person applying therefor and paying the fees for doing so an exact and certified copy of the bond of such public officer there deposited or recorded.
HISTORY: 1962 Code Section 50-77; 1952 Code Section 50-77; 1942 Code Section 3054; 1932 Code Section 3054; Civ. C. '22 Section 745; Civ. C. '12 Section 663; Civ. C. '02 Section 595; G. S. 450; R. S. 513; 1901 (23) 750.
2023 South Carolina Code of Laws › Title 8 - Public Officers and Employees › Chapter 3 - Commissions, Oaths And Bonds › Section 8-3-240. Distribution of moneys recovered on bond after defalcation.

Whenever any officer of this State charged with the care, collection or disbursement of public funds is required to give bond to the State and a recovery is had upon such bond or any moneys are seized, levied upon or attached in his hands or turned over or surrendered by such officer to the State Treasurer upon his commitment to jail, under warrant from the State Treasurer, the moneys so recovered, seized, levied upon, attached, surrendered or turned over shall be distributed between the State, county, school or other specific funds, in proportion to the several amounts due by the officer to the State, county, school or other specific funds, at the time of such recovery, seizure, attachment, levy or surrender. The provision of this section shall only apply to suits, seizures, attachments or levies by or surrenders to public officers and not to suits upon the bonds of such officers brought by private individuals.
HISTORY: 1962 Code Section 50-78; 1952 Code Section 50-78; 1942 Code Section 3055; 1932 Code Section 3055; Civ. C. '22 Section 746; Civ. C. '12 Section 664; Civ. C. '02 Section 596; G. S. 451; R. S. 514.
2023 South Carolina Code of Laws › Title 8 - Public Officers and Employees › Chapter 3 - Commissions, Oaths And Bonds › Section 8-3-250. State officers shall not be officers of surety companies.

No State officer shall be an officer of any company issuing bonds for any of the county or State officers.
HISTORY: 1962 Code Section 50-79; 1952 Code Section 50-79; 1942 Code Section 3058; 1932 Code Section 3058; Civ. C. '22 Section 749; Civ. C. '12 Section 667; Civ. C. '02 Section 599; R. S. 517; 1892 (21) 76; 1894 (21) 757; 1896 (22) 28; 1912 (27) 703.
2023 South Carolina Code of Laws › Title 8 - Public Officers and Employees › Chapter 5 - Buying And Selling Of Offices Prohibited › Section 8-5-20. Buying and selling of offices prohibited.

If any person (a) bargain for the purchase or sale of, or sell, any office or deputation thereof, or any part thereof, (b) receive any money, fee, reward or any other profit, directly or indirectly or (c) take any promise, agreement, covenant, bond or assurance for the payment of any money, fee, reward or other profit, directly or indirectly, for any office or deputation thereof, or any part thereof or to the intent that any person should have, exercise or enjoy any office or deputation thereof, or any part thereof, which office, or any part thereof, shall in any wise touch or concern the administration or execution of justice or the receipt, control or payment of any public treasure, money, rent, revenue, account, auditorship or surveying of any public lands or which shall touch or concern any clerkship to be occupied in any court of record wherein justice is administered, such person shall not only lose and forfeit all right and interest in or to such office or deputation thereof, or any part thereof, but shall immediately, upon the payment of such fee, money or reward or upon any such promise, covenant, bond or agreement had or made for the payment of such fee, sum of money or reward, be adjudged a disabled person in law, to all intents and purposes, to have, occupy or enjoy such office or deputation, or any part thereof, for which any such person shall so give or enjoy or make any promise, covenant, bond or other assurance to give or pay any sum of money, fee or reward.
HISTORY: 1962 Code Section 50-102; 1952 Code Section 50-102; 1942 Code Section 3065; 1932 Code Section 3065; Civ. C. '22 Section 752; Civ. C. '12 Section 670; Civ. C. '02 Section 601; G. S. 454; R. S. 520; 1737 (3) 468.
2023 South Carolina Code of Laws › Title 8 - Public Officers and Employees › Chapter 5 - Buying And Selling Of Offices Prohibited › Section 8-5-30. Sales and other agreements void.

Every bargain, sale, promise, bond, agreement, covenant and assurance, as before specified, shall be void to and against him by whom any such bargain, sale, bond, promise, covenant or assurance shall be had or made.
HISTORY: 1962 Code Section 50-103; 1952 Code Section 50-103; 1942 Code Section 3066; 1932 Code Section 3066; Civ. C. '22 Section 753; Civ. C. '12 Section 671; Civ. C. '02 Section 602; G. S. 555; R. S. 521; 1737 (3) 469.
2023 South Carolina Code of Laws › Title 8 - Public Officers and Employees › Chapter 5 - Buying And Selling Of Offices Prohibited › Section 8-5-40. Official acts performed after offense but before removal shall be valid.

If any person shall offend in anything contrary to the tenor and effect of Sections 8-5-20 and 8-5-30, yet, notwithstanding, all judgments given and all other acts executed or done by such person so offending, by authority or color of the office or deputation which ought to be forfeited or not occupied or not enjoyed by the person so offending, after the offense so by such person committed or done and before such person so offending for such offense be removed from the exercise, administration and occupation of such office or deputation, shall be and remain good and sufficient in law to all intents, constructions and purposes.
HISTORY: 1962 Code Section 50-104; 1952 Code Section 50-104; 1942 Code Section 3067; 1932 Code Section 3067; Civ. C. '22 Section 754; Civ. C. '12 Section 672; Civ. C. '02 Section 603; G. S. 556; R. S. 522; 1737 (3) 469.
2023 South Carolina Code of Laws › Title 8 - Public Officers and Employees › Chapter 7 - Absences In Military Service › Section 8-7-10. Definitions.

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 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.
HISTORY: 1962 Code Section 50-151; 1952 Code Section 50-151; 1942 Code Section 3075-1; 1941 (42) 313.
2023 South Carolina Code of Laws › Title 8 - Public Officers and Employees › Chapter 7 - Absences In Military Service › Section 8-7-20. Leaves of absence authorized for public employees serving in armed forces.

Every employee of the State or any political subdivision thereof who, on or after June 25, 1950 has been, or shall be, commissioned, enlisted or selected for service in the armed forces of the United States shall, so long as the requirements and regulations of the armed forces shall prevent his return to his civil employment and for a period of ninety days thereafter, but in no event for a period longer than five years from the date of his entry into the armed forces of the United States, be entitled to leave of absence from his duties as an employee of the State or any political subdivision thereof, without loss of seniority or efficiency or register rating.
The word "employee" as used herein shall not be construed to mean an officer or official elected or appointed to a term pursuant to a statute or the Constitution of this State.
HISTORY: 1962 Code Section 50-151.1; 1952 Code Section 50-151.1; 1951 (47) 195; 1972 (57) 2404.
2023 South Carolina Code of Laws › Title 8 - Public Officers and Employees › Chapter 7 - Absences In Military Service › Section 8-7-30. Absence of public officer in military service creates temporary vacancy; "forfeiture of office" and "vacancy in office" defined.

The absence of any officer from his office or position caused by his being in the military service shall not create a forfeiture of or vacancy in the office or position to which such officer was elected or appointed but shall be construed merely to create a temporary vacancy. Wherever the terms "forfeiture of office" or "vacancy in office" or other words of similar import are used in any law of this State in relation to an officer they shall be construed in accordance with the provisions of Sections 8-7-10 to 8-7-80 and shall not be construed to apply to any absence of such officer who is absent from his office or position by reason of his being in the military service. An officer who is present at and able to perform the duties of his office shall not be considered absent within the meaning of this section.
HISTORY: 1962 Code Section 50-152; 1952 Code Section 50-152; 1942 Code Section 3075-1; 1941 (42) 313.
2023 South Carolina Code of Laws › Title 8 - Public Officers and Employees › Chapter 7 - Absences In Military Service › Section 8-7-40. Appointment of person to fill temporary vacancy; terms.

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 appoint some person to fill temporarily the office or position to which such 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 officer in the military service was elected or appointed, whichever period of time is the shorter.
HISTORY: 1962 Code Section 50-153; 1952 Code Section 50-153; 1942 Code Section 3075-1; 1941 (42) 313.