S 558 Session 111 (1995-1996)
S 0558 General Bill, By M.T. Rose
A Bill to amend Chapter 1 of Title 2, Code of Laws of South Carolina, 1976,
relating to the General Assembly, by adding Section 2-1-200, so as to provide
that an action or vote by a county legislative delegation, county House
delegation, or county Senate delegation which affects only one county may be
devolved upon the county governing body if the county governing body agrees to
accept the action and notifies the Code Commissioner of its acceptance and to
further provide that if such actions remain with the delegation, they must be
carried out by use of a weighted voting formula; by adding Section 2-1-210, so
as to provide that an action or vote by a legislative delegation of the
General Assembly representing a multi-county area must utilize the weighted
voting formula; and to direct the Code Commissioner to modify all Code
Sections which are inconsistent with this Act and to indicate in the notes
following Code Section any action accepted by a county governing body.
02/22/95 Senate Introduced and read first time SJ-6
02/22/95 Senate Referred to Committee on Judiciary SJ-6
A BILL
TO AMEND CHAPTER 1 OF TITLE 2, CODE OF LAWS OF
SOUTH CAROLINA, 1976, RELATING TO THE GENERAL
ASSEMBLY, BY ADDING SECTION 2-1-200, SO AS TO
PROVIDE THAT AN ACTION OR VOTE BY A COUNTY
LEGISLATIVE DELEGATION, COUNTY HOUSE
DELEGATION, OR COUNTY SENATE DELEGATION WHICH
AFFECTS ONLY ONE COUNTY MAY BE DEVOLVED UPON
THE COUNTY GOVERNING BODY IF THE COUNTY
GOVERNING BODY AGREES TO ACCEPT THE ACTION AND
NOTIFIES THE CODE COMMISSIONER OF ITS ACCEPTANCE
AND TO FURTHER PROVIDE THAT IF SUCH ACTIONS
REMAIN WITH THE DELEGATION, THEY MUST BE
CARRIED OUT BY USE OF A WEIGHTED VOTING
FORMULA; BY ADDING SECTION 2-1-210, SO AS TO
PROVIDE THAT AN ACTION OR VOTE BY A LEGISLATIVE
DELEGATION OF THE GENERAL ASSEMBLY
REPRESENTING A MULTI-COUNTY AREA MUST UTILIZE
THE WEIGHTED VOTING FORMULA; AND TO DIRECT THE
CODE COMMISSIONER TO MODIFY ALL CODE SECTIONS
WHICH ARE INCONSISTENT WITH THIS ACT AND TO
INDICATE IN THE NOTES FOLLOWING A CODE SECTION
ANY ACTION ACCEPTED BY A COUNTY GOVERNING
BODY.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Chapter 1, Title 2 of the 1976 Code is amended
by adding:
"Section 2-1-200. (A) Any action which by statute
requires a vote or an action by a county legislative delegation,
county House delegation, or county Senate delegation on a matter
affecting only one county is devolved upon the county governing
body of that county if that county governing body by ordinance or
resolution agrees to accept the action and notifies the Code
Commissioner of its acceptance. The Code Commissioner shall
keep a list of such notifications and shall include the information in
the statutory notes in each cumulative supplement and revised
volume of the Code of Laws of South Carolina.
(B) Any action which by statute requires a vote or an action by
the county legislative delegation, county House delegation, or
county Senate delegation on a matter affecting only one county
must utilize the weighted voting formula provided in subsection
(C). These actions include but are not limited to:
(1) all appointments not devolved upon the county governing
body which either are made or recommended by a county
legislative delegation, county House delegation, or county Senate
delegation where the appointee or person recommended would
represent only that county; and
(2) all other matters not devolved upon the county governing
body as provided in subsection (A).
(C) The number of residents in a county comprising the district
represented by a member of the Senate must be divided by the total
population of that county. The number of residents in a county
comprising the district represented by a member of the House of
Representatives must be divided by the total population of that
county. To determine the relative weight of the vote for the
respective House and Senate members, the resulting percentages
must then be divided by two and rounded to the nearest whole
number, except in those instances below .5 which shall be rounded
to equal one.
(D) For the purposes of this section, `county legislative
delegation' is defined to include each member of the House of
Representatives and of the Senate whose district includes any
portion of the geographic area of a given county.
(E) Population totals to be used for the calculation in subsection
(C) must be based upon the decennial census used to establish the
respective House and Senate districts.
Section 2-1-210. (A) Any action which by statute requires a vote
or an action by a legislative delegation of the General Assembly
representing a multi-county area, including but not limited to, a
judicial circuit and a congressional district must utilize the weighted
voting formula provided in subsection (B). A legislator shall vote
only in the multi-county area in which he resides.
(B) The number of residents in a geographic area comprising
more than one county represented by a member of the Senate must
be divided by the total population of that geographic area. The
number of residents in a geographic area comprising more than one
county represented by a member of the House of Representatives
must be divided by the total population of that geographic area. To
determine the relative weight of the vote for the respective House
and Senate members, the resulting percentages must then be divided
by two and rounded to the nearest whole number, except in those
instances below .5 which shall be rounded to equal one.
(C) Population totals to be used for the calculation in subsection
(B) must be based upon the decennial census used to establish the
respective House and Senate districts."
SECTION 2. The Code Commissioner is empowered and
directed to modify all code sections which are inconsistent with this
act and to indicate in the notes following a code section any action
accepted by a county governing body by ordinance or resolution.
SECTION 3. This act takes effect upon approval by the
Governor.
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