COUNTY GOVERNMENT�PALMETTO BOYS STATE�2026

OVERVIEW

• Legal Nature of a County
• Functions of a County
• Establishing a New County
• Home Rule Act
• Forms of County Government

• Judicial Agencies
• Education
• Public Health and Welfare
• Law Enforcement
• Agriculture
• Finance

46 Counties in SC

• Largest is Horry – square miles
• Smallest is McCormick – square miles

LEGAL NATURE OF A COUNTY

• Counties are considered to be of a lower order politically than cities
• Cities are municipal corporations
• Counties are only quasi-corporations (a county looks and acts like a corporation, but its not)
• Counties are subdivisions of the state and are created to serve the purposes of the state
• Subject to almost unlimited control by the state

LEGAL NATURE OF A COUNTY

• County officials are
• Chosen locally
• Have locally fixed salaries
• The county determines its own tax rate within the limits established by the constitution or state statutes

FUNCTIONS OF THE COUNTY

• Governmental functions
• Insisted by the State
• Items which cannot be charged for on a service basis
• Law enforcement, roads, and schools
• Proprietary functions
• Initiated locally
• Can be charged for on a service basis
• Water, lights, garbage collection, hospitals, libraries, etc.

ESTABLISHING A NEW COUNTY

• 2/3 vote of the electors
• Shall not contain less than 1/124^th of the population of the state

Or

• Less than $1,500,000 assessed taxable property

Or

• Less than 400 square miles

REMAINING COUNTY

• Shall not be reduced below 500 square miles
• Shall not have less than $2,000,000 of assessed taxable property
• Shall not have less than 15,000 inhabitants
• Shall not be cut within 8 miles of the existing court house building

HOME RULE ACT (1976)

• Public hearings to conduct a referendum to determine the form of government for use in the county
• The referendum may be called by
• An act of the General Assembly
• Resolution of the Governing Body of the County; or,
• Petition of not less than 10% of the registered electors

HOME RULE ACT (1980)

• The Legislative Delegation has no authority pertaining to county matters
• The county governing body gained complete financial autonomy in budget and other related matters

FORMS OF COUNTY GOVERNMENT

• Council
• Council-Supervisor
• Council-Administrator
• Council-Manager

COUNCIL

• Abbeville, Allendale, Barnwell, Calhoun, Georgetown, Laurens, and Saluda

COUNCIL

• Contains not less than 3 nor more than 12 councilmen elected for 2 or 4 year terms
• Council has all responsibility for
• Policymaking and administration
• Acquire, lease, sell, and dispose of real and personal property
• Make and execute contracts
• Exercise the power of eminent domain

COUNCIL-SUPERVISOR

• Berkeley, Chester, Oconee, Union, and Williamsburg

COUNCIL-SUPERVISOR

• Not less than 2 nor more than 12 councilmen elected for 2 or 4 year terms
• Supervisor is elected at-large from the county to serve as chairman
• Supervisor is very powerful (CEO of county)

COUNCIL-ADMINISTRATION

• Aiken, Anderson, Bamberg, Beaufort, Charleston, Cherokee, Chesterfield, Clarendon, Colleton, Darlington, Dillon, Dorchester, Edgefield, Fairfield, Florence, Georgetown, Greenville, Hampton, Horry, Jasper, Kershaw, Lancaster, Lee, Lexington, McCormick, Marion, Marlboro, Newberry, Orangeburg, Pickens, Richland, Spartanburg, and Sumter

COUNCIL-ADMINISTRATION

• Not less than 3 nor more than 12 councilmen who serve terms for 2 or 4 years
• Administrator has same authority as the county supervisor except
• Does not serve as a presiding officer
• Does not vote
• Is not spokesperson for the council
• Administrator is appointed and can be removed at any time – weak

COUNCIL-MANAGER

• Greenwood, and York

COUNCIL-MANAGER

• Not less than 5 nor more than 12 councilmen who serve terms of 2 or 4 years
• The offices of Auditor and Treasurer may be filled by county election or appointed by council
• Manager has same duties and responsibilities as a county administrator

LAW ENFORCEMENT

• Sheriff
• Chief law enforcement officer
• Constitutional officer that serves 4 year terms
• Charged with preserving peace and order and arresting criminals

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• Coroner
• Serves 4 year terms
• Charged with holding inquests over bodies which have met with mysterious or violent deaths
• Temporary sheriff when a vacancy occurs in that office
• Only county official who can arrest the sheriff

LAW ENFORCEMENT

• Constables
• Execute the writs and processes issued by the magistrate

JUDICIAL AGENCIES

• Circuit Court
• 2 divisions
• Court of common pleas tries civil cases
• Court of General Session tries criminal cases
• 16 judicial circuits; 49 judges
• Elected for 6 year terms by the General Assembly (House and Senate)
• Judges rotate from circuit to circuit

JUDICIAL AGENCIES

• Family Court
• Jurisdiction over matters involving domestic or family relationships
• 2 divisions
• Juvenile – under 18
• Family – separation, custody, visitation, divorce, adoption, support, alimony, division of marital property
• 60 judges
• Elected for 6 year terms by the General Assembly

JUDICIAL AGENCIES

• Probate Court (county office)
• Supervises disposition of estates of deceased persons
• Resolves disputes arising from contested wills
• Marriage licenses
• Guardians for minors
• Commitments of persons suffering from mental illness and/or chemical dependence
• Elected to 4 year terms by popular vote of the county

JUDICIAL AGENCIES

• Masters in Equity
• Handles any non-jury civil matter
• Real estate, zoning, breach of contract
• Magistrate Court
• Appointed by the Governor for 2 year terms
• Criminal trial jurisdiction over offenses not subject to fines over $500 or imprisonment exceeding 30 days
• Civil jurisdiction over disputes not over $7,500.00.

JUDICIAL AGENCIES

• Clerk of Court
• Constitutional officer elected by voters of the county for a term of 4 years
• Serves the circuit court and family court in each county
• Duties include both civil and criminal areas
• Clerk is the administrative officer of the court and keeps the records and oversees the index of recording of contracts, deeds and mortgages for real estate, liens and other items related to real or personal property

EDUCATION

• Superintendent of Education
• Elected by popular vote for 4 year terms
• Head of public school system
• County Board of Education
• Some appointed by the state board of education, others elected by popular vote
• District School Boards
• Most are elected by popular vote, some appointed by county council
• Employ and discharge teachers, suspend or dismiss pupils, and control school property

EDUCATION

• County Public Library
• Home Rule Act requires a county library system

PUBLIC HEALTH AND WELFARE

• County Health units operate under the State Board of Health
• Each county also has a Department of Social Services to provide welfare assistance

AGRICULTURE

• Each county has a county agricultural agent and a county home demonstration agent
• Both are appointed by the State Director of Extension
• Responsibilities include conducting demonstrations for farmers, home demonstrations for farm women, and club meetings for the agricultural people

FINANCE

• Auditor
• Elected in the primary and appointed by the Governor for 4 year terms
• Responsibilities include keeping the county’s records of real and personal property and calculating individual property taxes to be paid each year

FINANCE

• Tax Assessor
• Appraises real property in the county and personal property not assessed by the South Carolina Tax Commission
• County Board of Equalization
• Has the power to revise or modify tax assessments
• Treasurer
• Chief property tax collection officer
• Responsibilities include collecting property taxes, receive other county revenues, and to invest the funds until needed

FINANCE

• Tax Collector
• Appointed by the legislative delegation for an indefinite term
• Some counties have eliminated this position (Treasurer assumes duties)

FINANCE

• South Carolina Education Lottery (2002)
• Enacted by a statewide lottery referendum which passed 54%-46%
• Lottery Commission includes 9 board members who serve staggered 3-year terms
• Proceeds must be used for new educational purposes and programs and must supplement, not supplant existing resources

FINANCE

• Lottery provides for an increase in Life and Palmetto College Scholarships, a new Hope Scholarship, new school buses, supplements for university professors, and programs for reading, math and science
• Lottery sales average over $2 million per day

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