Proposal would set rules for interim appointments and department leaders

The governor could make an interim appointment to a covered vacant office only during the same interim period in which it became vacant. This applies to offices filled by the governor with the Senate’s advice and consent. The governor must report the appointment to the Senate and submit a formal appointment at its next regular session. If the Senate rejects an appointee serving in an interim, acting, or other role, the office becomes vacant. The governor may not make another interim appointment for that vacancy. The interim period runs from the second Thursday in May through the second Tuesday in January. The Senate must receive the formal appointment at its next regular session.

The bill would tie many executive department leaders’ terms to the governor who appointed them. This covers directors or secretaries of executive branch departments listed in Section 1-30-10(A), when appointed by the governor with Senate approval. A leader may stay until a successor is appointed and qualifies, but must leave if not reappointed with Senate approval before the end of the regular session after the governor’s election. These rules do not apply to the Department of Public Safety, the South Carolina Military Department, or the State Law Enforcement Division. A leader’s term would end with the appointing governor’s term. The reappointment deadline is the end of the regular session following the governor’s election.

The bill would declare the Department of Public Health director’s office vacant and allow the governor to name an acting director. This provision concerns the director of the South Carolina Department of Public Health and a possible acting director. The governor may name a current department employee as acting director until a new director is appointed and confirmed by the Senate. The person serving as director on January 1, 2026, may not be named acting or interim director. The director must stop doing the job and leave the office by May 14, 2026. The acting director could serve until a new director is appointed and confirmed.