A referendum must be held to approve the creation of a county police department prior to the implementation of an ordinance adopted by a county council which would duplicate or replace the law enforcement functions of a sheriff. As used in this section, the term law enforcement means those activities and duties which require the exercise of custodial arrest authority by a sheriff or his duly appointed and sworn deputy or the performance of duties conferred by state law upon a sheriff and those activities incidental to the performance of law enforcement duties.
Nothing in this section shall be construed as a limitation on the authority of a county council to provide litter control and animal control, to appoint and commission code enforcement officers as provided for in Section 4-9-145, to provide other services not directly related to law enforcement, to exercise the powers conferred by general law upon counties to protect the public health, safety, and general welfare of the community, or to adopt capital and operating budgets for the operation of the county as provided for in Section 4-9-140.
A county council may provide for E-911 services as provided for in Chapter 47 of Title 23; provided, however, that access to criminal records databases and other similar restricted databases relating to law enforcement functions must remain under the supervision of the sheriff or his designee unless law enforcement functions are transferred to a county police department pursuant to a referendum provided for in this section.
HISTORY: 1993 Act No. 12, Section 1, eff March 23, 1993.
Structure South Carolina Code of Laws
Section 4-9-20. Designation of permissible alternative forms of government.
Section 4-9-25. Powers of counties.
Section 4-9-33. Referendum required to approve creation of county police department.
Section 4-9-35. County public library systems; boards of trustees.
Section 4-9-36. Duties of boards of trustees.
Section 4-9-37. Additional duties of boards of trustees.
Section 4-9-38. Status of donations for tax purposes; applicability of state laws.
Section 4-9-39. Funding of systems; transfer of assets of former libraries.
Section 4-9-40. Power of county to contract for services within municipalities.
Section 4-9-45. Police jurisdiction of coastal counties.
Section 4-9-81. Authority for increasing size of governing body of district; procedure.
Section 4-9-100. Council members shall not hold other offices; salaries and expenses of members.
Section 4-9-150. Audits of county records; designation of auditors; public inspection of report.
Section 4-9-155. Repealed by 1994 Act No. 516, Section 36, eff August 31, 1994.
Section 4-9-160. Council shall provide for centralized purchasing system.
Section 4-9-190. Certain provisions inapplicable to board of commissioners form of government.
Section 4-9-410. Membership of council; election, term, and compensation of supervisor.
Section 4-9-420. Powers and duties of supervisor.
Section 4-9-440. Applicability of Article 1.
Section 4-9-610. Membership of council; election and term of members.
Section 4-9-630. Powers and duties of administrator.
Section 4-9-640. Preparation and submission of budget and descriptive statement.
Section 4-9-650. Authority of administrator over certain elected officials.
Section 4-9-660. Authority of council and its members over county officers and employees.
Section 4-9-670. Applicability of Article 1.
Section 4-9-810. Membership of council; election and terms of members.
Section 4-9-830. Powers and duties of manager.
Section 4-9-840. Preparation and submission of budget and descriptive statement.
Section 4-9-860. Election or appointment of county treasurer and auditor.
Section 4-9-870. Applicability of Article 1.
Section 4-9-1010. Membership of county board of commissioners.
Section 4-9-1030. Board shall be county governing body; duties of board.
Section 4-9-1040. Time and place of meetings; special meetings; notice.
Section 4-9-1050. Board may elect clerk; duties, salary, and term of office.
Section 4-9-1070. Commissioners may administer oaths and punish for contempt of their proceedings.
Section 4-9-1080. Commissioners shall not be interested in certain contracts.
Section 4-9-1090. Commissioners must give bond.
Section 4-9-1100. Governor shall make certain appointments.
Section 4-9-1220. Electors may petition for repeal of certain ordinances.
Section 4-9-1230. Election shall be held where council fails to adopt or repeal ordinance.