H 3038 General Bill, By J.H. Hodges and Cooper

Similar(S 5)
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
 4-9-33 so as to provide that an appropriation by a county governing body
 relating to police protection that will result in the reorganization,
 restructuring, duplication, or limitation of the duties and functions of the
 sheriff's department may not take effect unless first approved by the
 qualified electors of the county in a referendum.

   01/12/93  House  Introduced and read first time HJ-28
   01/12/93  House  Referred to Committee on Judiciary HJ-28
   02/09/93  House  Committee report: Favorable with amendment
                     Judiciary HJ-3
   02/11/93  House  Debate adjourned until Wednesday, February 17,
                     1993 HJ-15
   02/18/93  House  Debate adjourned until Wednesday, February 24,
                     1993 HJ-20
   02/24/93  House  Debate adjourned until Thursday, February 25,
                     1993 HJ-17
   02/25/93  House  Debate adjourned until Tuesday, March 2, 1993 HJ-12
   03/02/93  House  Debate adjourned until Wednesday, March 3, 1993 HJ-37
   03/03/93  House  Recommitted to Committee on Judiciary HJ-23

February 9, 1993

H. 3038

S. Printed 2/9/93--H.

Read the first time January 12, 1993.

To whom was referred a Bill (H. 3038), to amend the Code of Laws of South Carolina, 1976, by adding Section 4-9-33 so as to provide that an appropriation by a county governing body relating to police protection, etc., respectfully

That they have duly and carefully considered the same, and recommend that the same do pass with amendment:

Amend the bill, as and if amended, by striking Section 4-9-33 as contained in SECTION 1 and inserting:

/Section 4-9-33. An appropriation from any revenue source by the governing body of the county relating to police protection that will result in reorganization or restructuring of the sheriff's department or an appropriation relating to police protection which limits the law enforcement duties of the sheriff or provides for police protection by duplicating the law enforcement duties and functions presently being performed by the sheriff, may not take effect without the consent of the sheriff unless the qualified electors of the county first approve the appropriation in a referendum called by the governing body of the county. This section may not be construed to require referendum approval of an increase or decrease in the total funds appropriated for the sheriff's department or other police protection, nor does it have any effect upon the authority of the governing body of the county to establish and appoint animal and litter control officers or other code enforcement officers without the power of custodial arrest./

Amend title to conform.

JAMES H. HODGES, for Committee.

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-9-33 SO AS TO PROVIDE THAT AN APPROPRIATION BY A COUNTY GOVERNING BODY RELATING TO POLICE PROTECTION THAT WILL RESULT IN THE REORGANIZATION, RESTRUCTURING, DUPLICATION, OR LIMITATION OF THE DUTIES AND FUNCTIONS OF THE SHERIFF'S DEPARTMENT MAY NOT TAKE EFFECT UNLESS FIRST APPROVED BY THE QUALIFIED ELECTORS OF THE COUNTY IN A REFERENDUM.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Chapter 9, Title 4 of the 1976 Code is amended by adding:

"Section 4-9-33. An appropriation from any revenue source by the governing body of the county relating to police protection that will result in reorganization or restructuring of the sheriff's department or an appropriation relating to police protection which limits the duties of the sheriff or provides for police protection by duplicating the duties and functions presently being performed by the sheriff, may not take effect unless the qualified electors of the county first approve the appropriation in a referendum called by the governing body of the county."

SECTION 2. This act takes effect upon approval by the Governor.