(A) A county may not be bound by any general law requiring it to spend funds or to take an action requiring the expenditure of funds unless the General Assembly has determined that the law fulfills a state interest and the law requiring the expenditure is approved by two-thirds of the members voting in each house of the General Assembly provided a simple majority of the members voting in each house is required if one of the following applies:
(1) funds have been appropriated that have been estimated by the Revenue and Fiscal Affairs Office at the time of enactment to be sufficient to fund the expenditures;
(2) the General Assembly authorizes or has authorized a county to enact a funding source not available for the county on July 1, 1993, that can be used to generate the amount of funds estimated to be sufficient to fund the expenditure by a simple majority vote of the governing body of the county;
(3) the expenditure is required to comply with a law that applies to all persons similarly situated, including the state and local governments;
(4) the law is either required to comply with a federal requirement or required for eligibility for a federal entitlement.
(B) Except upon approval of each house of the General Assembly by two-thirds of the members voting in each house, the General Assembly may not enact, amend, or repeal any general law if the anticipated effect of doing so would be to reduce the authority that counties have to raise revenues in the aggregate, as the authority exists on July 1, 1993.
(C) The provisions of this section do not apply to:
(1) laws enacted to require funding of pension benefits existing on the effective date of this section;
(2) laws relating to the judicial department;
(3) criminal laws;
(4) election laws;
(5) the Department of Education;
(6) laws reauthorizing but not expanding then-existing statutory authority;
(7) laws having a fiscal impact of less than ten cents per capita on a statewide basis; laws creating, modifying, or repealing noncriminal infractions.
(D) The duties, requirements, and obligations imposed by general laws in effect on July 1, 1993, are not suspended by the provisions of this section.
(E) A provision of, or amendment to, an appropriation bill that contains a permanent or temporary provision of law must be adopted by a separate vote of the General Assembly in the manner provided in subsections (A) through (D) of this section. Provided, however, that once a provision or amendment to an appropriation bill is adopted, the vote to adopt or reject an appropriation bill on second reading, third reading, or adoption of the conference committee or free conference committee report is not subject to the provisions of subsections (A) through (D) of this section.
HISTORY: 1993 Act No. 157, Section 1, eff June 15, 1993; 1997 Act No. 138, Section 1, eff July 1, 1997.
Validity
For the validity of (A) and (B) of this section, see Pinckney v. Peeler, 862 S.E.2d 906 (S.C. 2021).
Effect of Amendment
The 1997 amendment, in the introductory paragraph of subsection (A), substituted "A county may not" for "No county may"; in subsection (C), deleted former item (5), renumbered former item (6) as item (5), deleted former item (7), and renumbered former items (8) and (9) as items (6) and (7); and added subsection (E).
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.