S 0256 Concurrent Resolution, By H.U. Fielding
 A Concurrent Resolution to appoint a joint study committee to investigate
 alleged statutory and other irregularities before further consideration of a
 proposal concerning the ratification of a referendum proposing the annexation
 of a parcel of land into Charleston County.

   10/29/90  Senate Prefiled
   10/29/90  Senate Referred to Committee on Judiciary
   01/08/91  Senate Introduced SJ-93
   01/08/91  Senate Referred to Committee on Judiciary SJ-93

A CONCURRENT RESOLUTION

TO APPOINT A JOINT STUDY COMMITTEE TO INVESTIGATE ALLEGED STATUTORY AND OTHER IRREGULARITIES BEFORE FURTHER CONSIDERATION OF A PROPOSAL 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 which was presented to the voters of Charleston County on general election day, Tuesday, November 8, 1988; and

Whereas, several members of the General Assembly have raised the question as to whether the referendum proposing the annexation of a parcel of land into Charleston County has met the specific statutory requirements for county annexation and the submission of referendums to electors; and

Whereas, the first question concerning compliance with the specific statutory requirements concerns Section 7-13-355 of the 1976 Code, which 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, which was beyond the statutory deadline required for the submission of the question; and

Whereas, the second question concerning compliance with the specific statutory requirements concerns Section 4-5-180 which requires the election to be conducted pursuant to the requirements specified in the Governor's Executive Order authorizing and calling for the 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, notwithstanding that the election was carried out on November 8, 1988; and

Whereas, as a result, serious questions are apparent as to whether the appropriate officials involved have met and lawfully and fully complied with all of the statutory and executive requirements for conducting the election on the referendum; and

Whereas, it is the duty of the General Assembly 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, a determination of an accurate factual record of the events and circumstances concerning this referendum on the floor of each body would consume time which could be devoted to other statewide matters. Now, therefore,

Be it resolved by the Senate, the House of Representatives concurring:

That the members of the General Assembly express their desire to fulfill their duty by creating a joint study committee to investigate alleged statutory and other procedural irregularities before the consideration of ratifying the referendum to annex the Exchange Park Fairgrounds into Charleston County. This committee must be comprised of five members of the Senate appointed by the President and five members of the House of Representatives appointed by the Speaker. The committee is empowered to interview witnesses, hold hearings as it considers appropriate, issue subpoenas, and require the production of documents pursuant to Title 2, Chapter 69 of the 1976 Code. A report of its findings and recommendations must be submitted to the General Assembly no later than April 1, 1991. Expenses incurred by the individual members of the committee must be paid from the approved accounts of each body respectively. Other necessary expenses of the committee incurred while conducting its investigation must be shared by each body and paid from approved accounts.

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.