Current Status Introducing Body:Senate Bill Number:257 Primary Sponsor:Fielding Committee Number:11 Type of Legislation:CR Subject:Charleston County, annexation Residing Body:Senate Current Committee:Judiciary Computer Document Number:257 Introduced Date:Jan 08, 1991 Last History Body:Senate Last History Date:Jan 08, 1991 Last History Type:Introduced, referred to Committee Scope of Legislation:Statewide All Sponsors:Fielding Type of Legislation:Concurrent Resolution
Bill Body Date Action Description CMN
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257 Senate Jan 08, 1991 Introduced, referred to 11
Committee
257 Senate Oct 29, 1990 Prefiled, referred to 11
Committee
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EXPRESSING THE DUTY AND SENSE AND CONCLUSION OF THE MEMBERS OF THE GENERAL ASSEMBLY CONCERNING THE RATIFICATION OF A REFERENDUM PROPOSING THE ANNEXATION OF A PARCEL OF LAND INTO CHARLESTON COUNTY.
Whereas, the General Assembly will be requested to ratify a referendum concerning the annexation of a parcel of land, known as the Exchange Park Fairgrounds, from Berkeley County into Charleston County; and
Whereas, this referendum was presented to the voters of Charleston County on general election day, Tuesday, November 8, 1988; and
Whereas, it is the duty of this body to insure that all laws are complied with fully by the appropriate and designated officials before ratifying any proposed referendum concerning the alteration of county lines; and
Whereas, the General Assembly has established and outlined specific statutory requirements for county annexation and the submission of referendums to the electors of this State; and
Whereas, pursuant to those requirements, Section 7-13-355 of the 1976 Code requires that any question submitted to the qualified electors in a referendum which is to appear on the ballot first must be presented to the county election commission before noon on September first of the general election year; and
Whereas, the question concerning the annexation of the Exchange Park Fairgrounds into Charleston County was not submitted to the county election commission until October 4, 1988; and
Whereas, the question concerning this referendum was submitted well beyond the statutory deadline required for the submission of the question; and
Whereas, Section 4-5-180 requires the election to be conducted pursuant to the requirements specified in the Governor's Executive Order authorizing and calling for such an election; and
Whereas, the Governor by Executive Order 88-24 outlined certain specifications and requirements concerning the annexation of the Exchange Park Fairgrounds into Charleston County; and
Whereas, the Governor clearly stated in that order that if preclearance from the Justice Department was not received before the date of the election or if the Justice Department requested an extension of its review, the election on the question was not to be held until November 6, 1990; and
Whereas, preclearance was not given by the Justice Department before the date of the election on November 8, 1988; and
Whereas, the election was held in strict violation of the Governor's direct order requiring preclearance; and
Whereas, as a result, the appropriate officials involved have failed to meet all of the statutory and executive requirements for conducting the election on the referendum; and
Whereas, the annexation would expand the representation of Senatorial District 38 and House District 92 of Dorchester and Berkeley Counties into the Charleston County area; and
Whereas, as a result, the representatives in those districts would become a part of the Charleston County Legislative Delegation; and
Whereas, the addition of these two members would create an even number and direct partisan split in the membership on the delegation which could result in the disruption of harmony and the working relationship on the delegation; and
Whereas, the voters and residents of Charleston County were never informed of the impact the annexation would have on the structure and representation on their legislative delegation; and
Whereas, it was never the intention and desire of the voters of Charleston County to change the structure and representation in their legislative delegation; and
Whereas, it would be wholly unconscionable to the residents of Charleston County to ratify the proposed annexation under these circumstances; and
Whereas, a lawsuit has been initiated in the courts of this State to enjoin and overturn the results of the election pursuant to the statutory and administrative procedural violations; and
Whereas, it certainly would be presumptuous on the part of the members of this body to proceed with the ratification of this referendum while the proceedings are in process; and
Whereas, pursuant to the duties of the supreme authorities of our state government, it is incumbent upon the members of the General Assembly first to allow the court proceedings to pursue its course before acting on the ratification of the referendum; and
Whereas, since it is the supreme and upmost duty of this body to require and insure that all of the laws and established procedures have been satisfied fully and complied with before acting on the ratification of any referendum pursuant to the alteration of county lines, it would be a grave violation and dereliction of that duty to proceed with the ratification of the referendum pursuant to the statutory and procedural violations. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly express their duty and sense concerning the ratification of a referendum to annex the Exchange Park Fairgrounds into Charleston County and conclude, pursuant to the surrounding circumstances and failure of the referendum to meet the statutory and procedural requirements as established by the laws of this State, that the referendum cannot be ratified by the members of the General Assembly.
Be it further resolved that a copy of this resolution be forwarded to Governor Carroll A. Campbell and every member of the General Assembly of the State of South Carolina.