reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 9 - County Government › Section 4-9-140. Designation of fiscal and budget years; annual reports; adoption of budgets; levying and collection of taxes; supplemental appropriations; obtaining reports, estimates, and statistics.

The fiscal year of the county government shall begin on the first day of July of each year and shall end on the thirtieth day of June next following, and the fiscal year shall constitute the budget year of the county government. All county offices, departments, boards, commissions or institutions receiving county funds shall make a full, detailed annual fiscal report to the county council at the end of the fiscal year.
County council shall adopt annually and prior to the beginning of the fiscal year operating and capital budgets for the operation of county government and shall in such budgets identify the sources of anticipated revenue including taxes necessary to meet the financial requirements of the budgets adopted. Council shall further provide for the levy and collection of taxes necessary to meet all budget requirements except as provided for by other revenue sources.
Council may make supplemental appropriations which shall specify the source of funds for such appropriations. The procedure for approval of supplemental appropriations shall be the same as that prescribed for enactment of ordinances.
For the purposes of this section a supplemental appropriation shall be defined as an appropriation of additional funds which have come available during the fiscal year and which have not been previously obligated by the current operating or capital budget. The provisions of this section shall not be construed to prohibit the transfer of funds appropriated in the annual budget for purposes other than as specified in such annual budget when such transfers are approved by the council.
In the preparation of annual budgets or supplemental appropriations, council may require such reports, estimates and statistics from any county agency or department as may be necessary to perform its duties as the responsible fiscal body of the county.
HISTORY: 1962 Code Section 14-3711; 1975 (59) 692; 1977 Act No. 56.
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 9 - County Government › Section 4-9-145. Litter control officers; custodial arrest authority; number of officers; powers and duties.

(A) Except as provided in subsection (B), the governing body of a county may appoint and commission as many code enforcement officers as may be necessary for the proper security, general welfare, and convenience of the county. These officers are vested with all the powers and duties conferred by law upon constables in addition to duties imposed upon them by the governing body of the county. However, no code enforcement officer commissioned under this section may perform a custodial arrest, except as provided in subsection (B). These code enforcement officers must exercise their powers on all private and public property within the county. The governing body of the county may limit the scope of a code enforcement officer's authority or the geographic area for which he is authorized to exercise the authority granted.
(B)(1) The number of litter control officers vested with custodial arrest authority who are appointed and commissioned pursuant to subsection (A) must not exceed the greater of:
(a) the number of officers appointed and commissioned by the county on July 1, 2001; or
(b) one officer for every twenty-five thousand persons in the county, based upon the 2000 census. Each county may appoint and commission at least one officer, without regard to the population of the county.
(2)(a) A litter control officer appointed and commissioned pursuant to subsection (A) may exercise the power of arrest with respect to his primary duties of enforcement of litter control laws and ordinances and other state and local laws and ordinances as may arise incidental to the enforcement of his primary duties only if the officer has been certified as a law enforcement officer pursuant to Article 9, Chapter 6, Title 23.
(b) In the absence of an arrest for a violation of the litter control laws and ordinances, a litter control officer authorized to exercise the power of arrest pursuant to subitem (a) may not stop a person or make an incidental arrest of a person for a violation of other state and local laws and ordinances.
(3) For purposes of this section, the phrase "litter control officer" means a code enforcement officer authorized to enforce litter control laws and ordinances.
HISTORY: 1990 Act No. 598, Section 3, eff June 25, 1990; 1992 Act No. 411, Section 1, eff June 1, 1992; 1996 Act No. 373, Section 1, eff May 29, 1996; 2001 Act No. 109, Section 1, eff October 4, 2001.
Effect of Amendment
The 1992 amendment deleted language at the end of the second sentence relative to noninterference with the sheriff's department, added the third sentence, and inserted "code" preceding "enforcement officers" in two places.
The 1996 amendment added the last sentence beginning "The governing body of the county."
The 2001 amendment designated the former section as subsection (A), inserted references to subsection (B), and made language changes; and added subsection (B).
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 9 - County Government › Section 4-9-150. Audits of county records; designation of auditors; public inspection of report.

The council shall provide for an independent annual audit of all financial records and transactions of the county and any agency funded in whole by county funds and may provide for more frequent audits as it considers necessary. Special audits may be provided for any agency receiving county funds as the county governing body considers necessary. The audits must be made by a certified public accountant or public accountant or firm of these accountants who have no personal interest, direct or indirect, in the fiscal affairs of the county government or any of its officers. The council may, without requiring competitive bids, designate the accountant or firm annually or for a period not exceeding three years. The designation for any particular fiscal year must be made no later than thirty days after the beginning of the fiscal year. The report of the audit must be made available for public inspection. A copy of the report of the audit must be submitted to the State Treasurer no later than January first each year following the close of the books of the previous fiscal year. Upon a showing of proper cause, as determined by the State Treasurer, the State Treasurer shall grant a county an extension of ninety days. To be considered, a request for extension must be signed by the chair of the council before the deadline for filing.
If the report is not filed with the State Treasurer by January first, or within the time extended for filing the report, funds distributed by the State Treasurer to the county in the current fiscal year must be withheld pending receipt of a copy of the report.
HISTORY: 1962 Code Section 14-3712; 1975 (59) 692; 1977 Act No. 96; 1988 Act No. 365, Part II, Section 3, eff July 1, 1988; 2002 Act No. 356, Section 1, Pt XI.P, eff July 1, 2002; 2005 Act No. 164, Section 36, eff June 10, 2005; 2023 Act No. 71 (S.31), Section 3, eff June 7, 2023.
Effect of Amendment
The 1988 amendment made grammatical changes, and added the last sentence, relating to a copy of the report of audit being submitted to the Comptroller General.
The 2002 amendment added the second undesignated paragraph relating to failure to file the report on time.
The 2005 amendment, in the first undesignated paragraph, at the end of the fourth sentence substituted "three years" for "one year".
2023 Act No. 71, Section 3, In the first undesignated paragraph, in the seventh sentence, substituted "State Treasurer" for "Comptroller General", and added the eighth and ninth sentences, and in the second undesignated paragraph, substituted "filed with the State Treasurer by January first" for "timely filed" and "State Treasurer" for "Comptroller General".
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 9 - County Government › Section 4-9-155. Repealed by 1994 Act No. 516, Section 36, eff August 31, 1994.

Editor's Note
Former Section 4-9-155 was entitled "Audit standards; penalties" and was derived from 1990 Act No. 603, Section 2; 1992 Act No. 361, Section 1; 1993 Act No. 181, Section 53; 1993 Act No. 115, Section 1.
1990 Act No. 603, Section 1, eff July 1, 1991, provides as follows:
"SECTION 1. The General Assembly finds that there is a lack of uniformity in the annual audits of the offices of the county assessor, auditor, treasurer, and tax collector and that on occasion important facts are overlooked or not considered. The purpose of this act is to establish the minimum standard of accounting to be followed so as to increase the accuracy of the audits of these offices."
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 9 - County Government › Section 4-9-170. Council shall provide for appointment of certain boards, committees, and commissions; appointive powers of council.

The council shall provide by ordinance for the appointment of all county boards, committees and commissions whose appointment is not provided for by the general law or the Constitution. Each council shall have such appointive powers with regard to existing boards and commissions as may be authorized by the General Assembly except as otherwise provided for by the general law and the Constitution, but this authority shall not extend to school districts, special purpose districts or other political subdivisions created by the General Assembly; provided, however, that beginning January 1, 1980, the council shall provide by ordinance for the appointment of all county boards, committees and commissions whose appointment is not provided for by the general law or the Constitution, but this authority shall not extend to school districts, special purpose districts or other political subdivisions created by the General Assembly.
HISTORY: 1962 Code Section 14-3714; 1975 (59) 692.
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 9 - County Government › Section 4-9-175. Per diem, travel, and other expenses authorized for travel by board or commission members outside county.

The governing body of a county may pay per diem, travel, or any other expenses, in an amount it considers necessary, to any member of a county board or commission when the member travels outside of the county and incurs expenses relating to his duties while serving on the board.
HISTORY: 1993 Act No. 147, Section 1, eff June 14, 1993.
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 9 - County Government › Section 4-9-180. Officers and employees shall disclose personal interests in county business and refrain from voting on or participating in such matters.

Any county officer or employee who has a substantial financial interest in any business which contracts with the county for sale or lease of land, materials, supplies, equipment or services or who personally engages in such matters shall make known that interest and refrain from voting upon or otherwise participating in his capacity as a county officer or employee in matters related thereto.
Any county officer or employee who wilfully violates the requirements of this section shall be deemed guilty of malfeasance in office and upon conviction shall forfeit his office or position. Violation of this section with the knowledge express or implied of the person or corporation contracting with or making a sale to the county shall render the contract or sale voidable by the county governing body.
HISTORY: 1962 Code Section 14-3715; 1975 (59) 692.
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 9 - County Government › Section 4-9-190. Certain provisions inapplicable to board of commissioners form of government.

The sections of this article, except Sections 4-9-10 and 4-9-20 shall not apply to the board of commissioners form of government provided for in Article 11.
HISTORY: 1962 Code Section 14-3716; 1975 (59) 692.
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 9 - County Government › Section 4-9-310. Responsibility for policy making and administration; membership of council; applicability of Article 1.

In those counties adopting the council form of government provided for in this article, the responsibility for policy making and administration of county government shall be vested in the county council which shall consist of not less than three nor more than twelve members who are qualified electors of the county. The structure, organization, powers, duties, functions and responsibilities of county government under the council form shall be as prescribed in Article 1 of this chapter.
HISTORY: 1962 Code Section 14-3720; 1975 (59) 692.
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 9 - County Government › Section 4-9-410. Membership of council; election, term, and compensation of supervisor.

The council in those counties adopting the council-supervisor form of government provided for in this article shall consist of not less than two nor more than twelve members who are qualified electors of the county. The supervisor shall serve as chairman and vote only to break tie votes. The supervisor shall be a qualified elector of the county, elected at large from the county in the general election for a term of two or four years.
The compensation for the supervisor shall be prescribed by the council by ordinance. The council shall not reduce or increase the compensation of the supervisor during the term of office for which he was elected.
HISTORY: 1962 Code Section 14-3730; 1975 (59) 692.
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 9 - County Government › Section 4-9-420. Powers and duties of supervisor.

The powers and duties of the supervisor shall include, but not be limited to, the following:
(1) to serve as the chief administrative officer of the county government;
(2) to execute the policies and legislative actions of the council;
(3) to direct and coordinate operational agencies and administrative activities of the county government;
(4) to prepare annual operating and capital improvement budgets for submission to the council;
(5) to supervise the expenditure of funds appropriated by council;
(6) to prepare annual, monthly and other reports for council on finances and administrative activities of the county;
(7) to recommend measures for adoption;
(8) to serve as presiding officer of the council, voting in case of council ties;
(9) to serve as official spokesman for the council with respect to council's policies and programs;
(10) to inspect books, accounts, records, or documents pertaining to the property, money or assets of the county;
(11) to be responsible for the administration of county personnel policies approved by the council including salary and classification plans;
(12) to be responsible for employment and discharge of personnel subject to the provisions of subsection (7) of Section 4-9-30 and subject to the appropriation of funds by the council for that purpose.
HISTORY: 1962 Code Section 14-3731; 1975 (59) 692.
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 9 - County Government › Section 4-9-430. Powers of council and its members; authority of supervisor over certain elected officials.

The council shall not remove any county administrative officers or employees whom the county supervisor or any of his subordinates are empowered to appoint, unless by two-thirds vote of the members present and voting.
Except for the purposes of inquiries and official investigations, neither the council nor its members shall give direct orders to any county officer or employee, either publicly or privately.
With the exception of organizational policies established by the governing body, the county supervisor shall exercise no authority over any elected officials of the county whose offices were created either by the Constitution or by general law of the State.
HISTORY: 1962 Code Section 14-3732; 1975 (59) 692.
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 9 - County Government › Section 4-9-440. Applicability of Article 1.

Except as specifically provided for in this article, the structure, organization, powers, duties, functions, and responsibilities of county government under the council-supervisor form shall be as prescribed in Article 1 of this chapter.
HISTORY: 1962 Code Section 14-3733; 1975 (59) 692.
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 9 - County Government › Section 4-9-610. Membership of council; election and term of members.

The council in those counties adopting the council-administrator form of government provided for in this article shall consist of not less than three nor more than twelve members who are qualified electors of the county. Council members shall be elected in the general election for terms of two or four years commencing on the first of January next following their election.
HISTORY: 1962 Code Section 14-3740; 1975 (59) 692.
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 9 - County Government › Section 4-9-620. Employment and qualifications of administrator; compensation; term of employment; procedure for removal.

The council shall employ an administrator who shall be the administrative head of the county government and shall be responsible for the administration of all the departments of the county government which the council has the authority to control. He shall be employed with regard to his executive and administrative qualifications only, and need not be a resident of the county at the time of his employment. The term of employment of the administrator shall be at the pleasure of the council and he shall be entitled to such compensation for his services as the council may determine. The council may, in its discretion, employ the administrator for a definite term. If the council determines to remove the county administrator, he shall be given a written statement of the reasons alleged for the proposed removal and the right to a hearing thereon at a public meeting of the council. Within five days after the notice of removal is delivered to the administrator he may file with the council a written request for a public hearing. This hearing shall be held at a council meeting not earlier than twenty days nor later than thirty days after the request is filed. The administrator may file with the council a written reply not later than five days before the hearing. The removal shall be stayed pending the decision at the public hearing.
HISTORY: 1962 Code Section 14-3741; 1975 (59) 692.
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 9 - County Government › Section 4-9-630. Powers and duties of administrator.

The powers and duties of the administrator shall include, but not be limited to, the following:
(1) to serve as the chief administrative officer of the county government;
(2) to execute the policies, directives and legislative actions of the council;
(3) to direct and coordinate operational agencies and administrative activities of the county government;
(4) to prepare annual operating and capital improvement budgets for submission to the council and in the exercise of these responsibilities he shall be empowered to require such reports, estimates and statistics on an annual or periodic basis as he deems necessary from all county departments and agencies;
(5) to supervise the expenditure of appropriated funds;
(6) to prepare annual, monthly and other reports for council on finances and administrative activities of the county;
(7) to be responsible for the administration of county personnel policies including salary and classification plans approved by council;
(8) to be responsible for employment and discharge of personnel subject to the provisions of subsection (7) of Section 4-9-30 and subject to the appropriation of funds by the council for that purpose; and
(9) to perform such other duties as may be required by the council.
HISTORY: 1962 Code Section 14-3742; 1975 (59) 692.
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 9 - County Government › Section 4-9-640. Preparation and submission of budget and descriptive statement.

The county administrator shall prepare the proposed operating and capital budgets and submit them to the council at such time as the council determines. At the time of submitting the proposed budget, the county administrator shall submit to the council a statement describing the important features of the proposed budgets including all sources of anticipated revenue of the county government and the amount of tax revenue required to meet the financial requirements of the county.
HISTORY: 1962 Code Section 14-3743; 1975 (59) 692.
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 9 - County Government › Section 4-9-650. Authority of administrator over certain elected officials.

With the exception of organizational policies established by the governing body, the county administrator shall exercise no authority over any elected officials of the county whose offices were created either by the Constitution or by the general law of the State.
HISTORY: 1962 Code Section 14-3744; 1975 (59) 692.
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 9 - County Government › Section 4-9-660. Authority of council and its members over county officers and employees.

Except for the purposes of inquiries and investigations, the council shall deal with county officers and employees who are subject to the direction and supervision of the county administrator solely through the administrator, and neither the council nor its members shall give orders or instructions to any such officers or employees.
HISTORY: 1962 Code Section 14-3745; 1975 (59) 692.
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 9 - County Government › Section 4-9-670. Applicability of Article 1.

Except as specifically provided for in this article, the structure, organization, powers, duties, functions and responsibilities of county government under the council-administrator form shall be as prescribed in Article 1 of this chapter.
HISTORY: 1962 Code Section 14-3746; 1975 (59) 692.
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 9 - County Government › Section 4-9-810. Membership of council; election and terms of members.

The council in those counties adopting the council-manager form of government provided for in this article shall consist of not less than five nor more than twelve members who are qualified electors of the county. Council members shall be elected in the general election for terms of two or four years commencing on the first of January next following their election.
HISTORY: 1962 Code Section 14-3770; 1975 (59) 692.
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 9 - County Government › Section 4-9-820. Employment and qualifications of manager; term of office; compensation; procedure for removal.

The council shall employ a manager who shall be the administrative head of the county government and shall be responsible for the administration of all the departments of the county government which the council has the authority to control. He shall be employed with regard to his executive and administrative qualifications only, and need not be a resident of the county at the time of his employment. The term of employment of the manager shall be at the pleasure of the council and he shall be entitled to such compensation for his services as the council may determine. The council may, in its discretion, employ the manager for a definite term. If the council determines to remove the county manager, he shall be given a written statement of the reasons alleged for the proposed removal and the right to a hearing thereon at a public meeting of the council.
Within five days after the notice of removal is delivered to the manager, he may file with the council a written request for a public hearing. This hearing shall be held at a council meeting not earlier than twenty days nor later than thirty days after the request is filed. The manager may file with the council a written reply not later than five days before the hearing. The removal shall be stayed pending the decision at the public hearing.
HISTORY: 1962 Code Section 14-3771; 1975 (59) 692.
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 9 - County Government › Section 4-9-830. Powers and duties of manager.

The powers and duties of the manager shall include, but not be limited to, the following:
(1) to serve as the chief administrative officer of the county government;
(2) to execute the policies, directives and legislative actions of the council;
(3) to direct and coordinate operational agencies and administrative activities of the county government;
(4) to prepare annual operating and capital improvement budgets for submission to the council and, in the exercise of that authority, he shall be empowered to require such reports, estimates and statistics on an annual or periodic basis as he deems necessary from all county departments and agencies for the performance of his duties in budget preparation;
(5) to supervise the expenditure of appropriated funds;
(6) to prepare annual, monthly and other reports for council on finances and administrative activities of the county;
(7) to be responsible for the administration of county personnel policies including salary and classification plans approved by council;
(8) to be responsible for employment and discharge of personnel subject to the provisions of subsection (7) of Section 4-9-30 and subject to the appropriation of funds by the council for that purpose; and
(9) to perform such other duties as may be required by the council.
HISTORY: 1962 Code Section 14-3772; 1975 (59) 692.
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 9 - County Government › Section 4-9-840. Preparation and submission of budget and descriptive statement.

The county manager shall prepare the proposed operating and capital budgets and submit them to the council at such time as the council determines. At the time of submitting the proposed budget, the county manager shall submit to the council a statement describing the important features of the proposed budgets including all sources of anticipated revenue of the county government and the amount of tax revenue required to meet the financial requirements of the county.
HISTORY: 1962 Code Section 14-3773; 1975 (59) 692.
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 9 - County Government › Section 4-9-850. Authority of county manager over elected officials; authority of council and its members over county officers and employees.

With the exception of organizational policies established by the governing body, the county manager shall exercise no authority over any elected officials of the county.
Except for the purposes of inquiries and investigations, neither the council nor its members shall give orders or instructions to county officers or employees.
HISTORY: 1962 Code Section 14-3774; 1975 (59) 692.
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 9 - County Government › Section 4-9-860. Election or appointment of county treasurer and auditor.

The county treasurer and county auditor, or their counterparts, by whatever terms those officials are designated may be elected or appointed by council as the council may determine by ordinance. If such officials are appointed, they shall be subject to control by council and the manager in the same manner as other appointed county department heads.
HISTORY: 1962 Code Section 14-3775; 1975 (59) 692.
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 9 - County Government › Section 4-9-870. Applicability of Article 1.

Except as specifically provided for in this article, the structure, organization, powers, duties, functions and responsibilities of county government under the council-manager form shall be as prescribed in Article 1 of this chapter.
HISTORY: 1962 Code Section 14-3776; 1975 (59) 692.
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 9 - County Government › Section 4-9-1010. Membership of county board of commissioners.

The governing body in those counties adopting the county board of commissioners form of government provided for in this article shall consist of not less than four nor more than twelve commissioners, as may be determined by the General Assembly for each county electing to adopt the form of government provided for in this article, all of whom shall be qualified electors of the county.
HISTORY: 1962 Code Section 14-3785; 1975 (59) 692.
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 9 - County Government › Section 4-9-1020. Supervisor as administrator; method of election and terms of office of supervisor and commission members; vacancies.

Those counties presently electing the supervisor shall continue to do so and he shall serve as chairman of the board of commissioners. Those counties presently hiring or appointing the supervisor or administrator shall continue to do so. Method of election and terms of office of either two years or four years for the supervisor and board of commissioners shall be as the General Assembly shall provide when a form of government is selected for the county concerned. In the event terms for commission members are established for four years, terms of office shall be staggered so that not more than one-half of the board of commissioners shall be elected at any single general election except the initial election at which time one-half of the membership shall be elected for two years only.
Terms shall commence on the Monday following their election. Vacancies shall be filled in the same manner for the unexpired portion of the term only. Provided, that any vacancy having less than one year of the term remaining shall be filled in the manner provided for boards, committees and commissions in Section 4-9-1100.
HISTORY: 1962 Code Section 14-3785.1; 1975 (59) 692.
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 9 - County Government › Section 4-9-1030. Board shall be county governing body; duties of board.

The county board of commissioners shall be the governing body of the county. The board shall be charged with the administration of county affairs, including but not limited to:
(a) The hearing of all budget requests and the submission of a proposed annual budget for the operation of the affairs of the county which shall be submitted to the General Assembly not later than March fifteenth for appropriate action.
(b) The formulation and implementation of personnel policies for county employees including supervision of insurance programs, except that the rights of the constitutional officers of the county, the county tax collector, the auditor and the treasurer to select their own personnel shall not be infringed.
(c) The purchasing of all supplies and equipment by the county and the maintenance of inventory records thereon.
(d) Approval of expenditures from the contingent fund as it may be established from time to time by law.
(e) The supervision of all buildings and grounds owned by the county, including the allocation of office space in all county buildings and the providing of office space for all countywide officers.
(f) The acquisition of property by purchase or gift.
(g) The adoption, use and alteration of a corporate seal.
(h) The leasing or sale of property owned by the county.
(i) The making of contracts for the county.
(j) The exercise of the power of eminent domain within the county.
(k) The performance of such other acts necessary to carry out its responsibilities.
(l) The determination of its own rules and order of business.
HISTORY: 1962 Code Section 14-3785.2; 1975 (59) 692.
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 9 - County Government › Section 4-9-1040. Time and place of meetings; special meetings; notice.

The board shall meet at least once each month at such times, dates and places as set by it at its first meeting following each general election. Special meetings may be called at any time by the chairman or by a majority of the commissioners; provided, that all members shall be notified as to the subject matter and the date, time and place of such meeting.
HISTORY: 1962 Code Section 14-3785.3; 1975 (59) 692.
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 9 - County Government › Section 4-9-1050. Board may elect clerk; duties, salary, and term of office.

The board in each of the counties may elect a clerk who shall perform the duties of secretary and be paid an annual salary as provided by law and whose term of office shall be coterminous with that of the members of the board electing him.
HISTORY: 1962 Code Section 14-3785.4; 1975 (59) 692.
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 9 - County Government › Section 4-9-1060. Commissioners shall account for claims audited and allowed and conform to prescribed system of bookkeeping.

The county commissioners shall keep an account of claims audited and allowed by them against the several funds appropriated for county purposes in accordance with a form to be prescribed by the Comptroller General, and they shall conform to any system of bookkeeping that may be prescribed for use in their office by the Comptroller General.
HISTORY: 1962 Code Section 14-3785.5; 1975 (59) 692.
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 9 - County Government › Section 4-9-1070. Commissioners may administer oaths and punish for contempt of their proceedings.

The members of the county board of commissioners may administer oaths to all persons appearing before them and punish by fine not exceeding ten dollars or imprisonment in the county jail not exceeding twenty hours any and all persons guilty of disorderly conduct amounting to an open or direct contempt or wilful interruption of their proceedings.
HISTORY: 1962 Code Section 14-3785.6; 1975 (59) 692.
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 9 - County Government › Section 4-9-1100. Governor shall make certain appointments.

All appointments to boards, committees and commissions in those counties adopting the county board of commissioners form of government shall be made by the Governor upon approval of a majority of the members of the legislative delegation, including the Senator or Senators of the particular county.
HISTORY: 1962 Code Section 14-3585.10; 1975 (59) 692.
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 9 - County Government › Section 4-9-1110. Inapplicability of certain provisions to county board of commissioners form of government.

The provisions of Sections 6-11-410 to 6-11-650 shall not apply to counties operating under the county board of commissioners form of government.
HISTORY: 1962 Code Section 14-3785.9; 1975 (59) 692.
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 9 - County Government › Section 4-9-1210. Electors may propose and adopt or reject certain ordinances; submission by petition to council.

The qualified electors of any county may propose any ordinance, except an ordinance appropriating money or authorizing the levy of taxes, and adopt or reject such ordinance at the polls. Any initiated ordinance may be submitted to the council by a petition signed by qualified electors of the county equal in number to at least fifteen percent of the qualified electors of the county.
HISTORY: 1962 Code Section 14-3790; 1975 (59) 692; 1977 Act No. 33 Section 1.
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 9 - County Government › Section 4-9-1220. Electors may petition for repeal of certain ordinances.

Within sixty days after the enactment by the council of any ordinance authorizing the issuance of bonds, notes or other evidence of debt the repayment of which requires a pledge of the full faith and credit of the county, or requires the approval of the issuance of bonds by a public service district within the county a petition signed by qualified electors of the county equal in number to at least fifteen percent of the qualified electors of the county, or if such ordinance relates to a bond issue for a public service district, fifteen percent of the qualified electors of the district may be filed with the clerk of the county council requesting that any such ordinance be repealed; provided, however, that this section shall not apply to bond issues approved by referendum or to notes issued in anticipation of taxes.
HISTORY: 1962 Code Section 14-3791; 1975 (59) 692; 1977 Act No. 33 Section 1.
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 9 - County Government › Section 4-9-1230. Election shall be held where council fails to adopt or repeal ordinance.

If the council shall fail to pass an ordinance proposed by initiative petition or shall pass it in a form substantially different from that set forth in the petition therefor or if the council shall fail to repeal an ordinance for which a petition for repeal has been presented, the adoption or repeal of the ordinance concerned shall be submitted to the electors not less than thirty days nor more than one year from the date the council takes its final vote thereon. The council may, in its discretion, and if no regular election is to be held within such period, provide for a special election. All county councils shall be bound by the results of any such referendum.
HISTORY: 1962 Code Section 14-3792; 1975 (59) 692; 1977 Act No. 33 Section 1.
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 10 - Local Sales And Use Tax › Section 4-10-10. Definitions.

For purposes of this chapter:
(1) "County area" means a county and all municipalities within its geographical boundaries.
(2) "County" means the unincorporated areas of a county area or county government as the use of the term dictates.
(3) "Municipality" means a municipal corporation created pursuant to Chapter 1 of Title 5 or a municipal government as the use of the term dictates.
(4) "Minimum distribution" means an amount equal to two million dollars for the first distribution and after that adjusted annually on a cumulative basis by a percentage equal to the increase in revenues credited to the Education Improvement Act Fund for the most recently completed fiscal year over the revenues credited to that fund in the preceding fiscal year.
(5) "Population" means population as determined in the most recent official United States Census.
(6) "General election" means the Tuesday following the first Monday in November in any year.
HISTORY: 1990 Act No. 317, Section 1, eff February 2, 1990; 2016 Act No. 250 (H.5078), Section 1, eff June 6, 2016.
Effect of Amendment
2016 Act No. 250, Section 1, added (6), definition of "general election".
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 10 - Local Sales And Use Tax › Section 4-10-20. Rate of tax; exemptions; reports by utilities; rental units.

A county, upon referendum approval, may levy a sales and use tax of one percent on the gross proceeds of sales within the county area which are subject to tax under Chapter 36 of Title 12 and the enforcement provisions of Chapter 54 of Title 12. The sale of items with a maximum tax levied in accordance with Section 12-36-2110 and Article 17 of Chapter 36 of Title 12 is exempt from the local sales and use tax. The adopted rate also applies to tangible personal property subject to the use tax in Section 12-36-1310. Taxpayers required to remit taxes under Section 12-36-1310 shall identify the county or municipality in the county area in which tangible personal property purchased at retail is stored, used, or consumed in this State. Utilities are required to report sales in the county or municipality in which consumption of the tangible personal property occurs. A taxpayer subject to the tax imposed by Section 12-36-920, who owns or manages rental units in more than one county or municipality, shall report separately in his sales tax return the total gross proceeds from business done in each county or municipality.
HISTORY: 1990 Act No. 317, Section 1, eff February 2, 1990; 1997 Act No. 149, Section 9A, eff for sales or use made on or after December 1, 1992; 1997 Act No. 151, Section 1A, eff for sales or use made on or after December 1, 1992.
Effect of Amendment
The first 1997 amendment (by Act No. 149), in the second sentence, deleted "(A), (B) and (C)" following "Section 12-36-2110"; and, in the sixth sentence, inserted "Section".
The second 1997 amendment (by Act No. 151), effected the same change as the first 1997 amendment.
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 10 - Local Sales And Use Tax › Section 4-10-25. Construction contracts; application.

The gross proceeds of sales of tangible personal property delivered after the imposition date of the tax levied under Section 4-10-20 in a county, either under the terms of a construction contract executed before the imposition date, or a written bid submitted before the imposition date, culminating in a construction contract entered into before or after the imposition date, are exempt from the local sales and use tax provided in Section 4-10-20 if a verified copy of the contract is filed with the South Carolina Department of Revenue within six months after the imposition of the local sales and use tax.
HISTORY: 1990 Act No. 317, Section 1, eff February 2, 1990; 1993 Act No 181 Section 54, eff July 1, 1993.
Effect of Amendment
The 1993 amendment changed "Tax Commission" to "Department of Revenue."
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 10 - Local Sales And Use Tax › Section 4-10-30. Referendum on question of implementing local option sales and use tax within county.

(A) The county election commission in each county shall conduct a referendum on the Tuesday following the first Monday in November on the question of implementing the local option sales and use tax within the county area. The state election laws apply to the referendum mutatis mutandis. The county election commission shall publish the results of the referendum and certify them to the county council. The sales and use tax must not be imposed in the county area, unless a majority of the qualified electors voting in the referendum approve the question.
(B) The ballot must read substantially as follows:
"Must a one percent sales and use tax be levied in __________ County for the purpose of allowing a credit against a taxpayer's county and municipal ad valorem tax liability and for the purpose of funding county and municipal operations in the __________ County area?
Yes []
No []"
(C) If the question is not approved at the initial referendum, the county council may call for another referendum on the question. However, following the initial referendum, a referendum for this purpose must not be held more often than once in twelve months and must be held on the Tuesday following the first Monday in November.
(D) Two weeks before the referendum the county council and the municipal councils in the county area shall publish in a newspaper of general circulation within the jurisdiction the anticipated credit against property taxes in the first year of implementation of the property tax credit fund. The notice must show the anticipated credit on the following classes of property:
(1) a primary residence;
(2) personal property including, but not limited to, an automobile;
(3) a commercial facility;
(4) an industrial facility.
HISTORY: 1990 Act No. 317, Section 1, eff February 2, 1990.
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 10 - Local Sales And Use Tax › Section 4-10-35. Petition to rescind tax; referendum.

(A) Upon petition of fifteen percent of the qualified electors of a county presented to the governing body of that county which has implemented the one percent sales and use tax authorized by this chapter requesting that this tax be rescinded, the county governing body shall conduct a referendum on the Tuesday following the first Monday in November next following on the question of rescinding the local option sales and use tax within the county area. The state election laws apply to the referendum mutatis mutandis. The county election commission shall publish the results of the referendum and certify them to the county council. The sales and use tax must be rescinded in the county area upon the certification of the results if a majority of the qualified electors voting in the referendum vote in favor of rescinding the tax.
(B) The ballot must read substantially as follows:
"Must the one percent local option sales and use tax levied in __________ County pursuant to Chapter 10, Title 4 of the 1976 Code be rescinded?
Yes []
No []"
(C) A referendum for rescission of this tax may not be held earlier than two years after the tax has been levied in the county. If a majority of the qualified electors voting in the rescission referendum vote against rescinding the tax, no further rescission referendums may be held for a period of two years. If a majority of the qualified electors vote in favor of rescinding the tax, the tax may not be reimposed in the county for a period of two years. The petition requesting rescission must be presented to the county governing body at least one hundred twenty days before the Tuesday following the first Monday of November of that year or the referendum must be held on the Tuesday following the first Monday of November of the following year.
HISTORY: 1990 Act No. 317, Section 1, eff February 2, 1990.
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 10 - Local Sales And Use Tax › Section 4-10-50. Distribution of revenue set aside for the County/Municipal Revenue Fund.

(A) The revenue generated in a county area and set aside and allocated to the County/Municipal Revenue Fund must be distributed to the county and the municipalities in the county area as follows:
(1) fifty percent based upon the location of the sale;
(2) fifty percent based on population.
(B) The population of the county is the population of the county area, and the population of the municipalities is the population within the corporate boundaries of the municipalities in the county area.
(C) Revenue distributed to a county or municipality under this section may be used to provide an additional property tax credit in the manner provided in Section 4-10-40(B).
HISTORY: 1990 Act No. 317, Section 1, eff February 2, 1990; 1991 Act No. 168, Section 14, eff June 28, 1991.
Effect of Amendment
The 1991 amendment added subsection (C), providing for additional property tax credit from revenue distributed to a county or municipality under this section.