5974-S2 AMH DUFA LANG 237

2SSB 5974 - H AMD TO H AMD (H-3747.1/26) 2349

NOT ADOPTED 03/05/2026

On page 17, beginning on line 33 of the striking amendment, after "(1)" strike all material through "(2)" on page 18, line 4 and insert "The office of county sheriff is established in Article XI of the state Constitution as an elected constitutional office accountable directly to the voters of the county.

(2) The executive branch of state government does not possess independent constitutional authority to remove an elected county sheriff from office.

(3) No agency, board, commission, or entity within the executive branch of state government may take final action that results in the removal, termination, or creation of a vacancy in the office of an elected county sheriff unless:

(a) The removal is authorized expressly by the state Constitution; or

(b) A superior court of competent jurisdiction enters a final order, after full judicial proceedings, determining that removal is constitutionally permitted.

(4) Nothing in this act may be construed to delegate to the executive branch the power to remove an elected constitutional officer absent express constitutional authorization.

(5)"

On page 18, beginning on line 14 of the striking amendment, strike all of section 12

Renumber the remaining sections consecutively and correct any internal references accordingly.

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