S 868 Session 112 (1997-1998)
S 0868 General Bill, By Wilson and Reese
A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 73
IN TITLE 2, RELATING TO THE GENERAL ASSEMBLY, SO AS TO ESTABLISH A STATE
REAPPORTIONMENT COMMISSION CONSISTING OF SEVEN MEMBERS FOR THE PURPOSE OF
SUBMITTING REAPPORTIONMENT PLANS TO THE GENERAL ASSEMBLY WHICH COMES INTO
EXISTENCE ONLY IF THE GENERAL ASSEMBLY HAS NOT ENACTED REAPPORTIONMENT PLANS
BY THE FIRST DAY OF JULY OF THE YEAR FOLLOWING THE YEAR OF THE UNITED STATES
CENSUS, AND TO PROVIDE FOR THE SELECTION, QUALIFICATIONS, POWERS, AND DUTIES
OF THE COMMISSION AND ITS MEMBERS.
12/15/97 Senate Prefiled
12/15/97 Senate Referred to Committee on Judiciary
01/14/98 Senate Introduced and read first time SJ-17
01/14/98 Senate Referred to Committee on Judiciary SJ-17
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA,
1976, BY ADDING CHAPTER 73 IN TITLE 2, RELATING TO
THE GENERAL ASSEMBLY, SO AS TO ESTABLISH A STATE
REAPPORTIONMENT COMMISSION CONSISTING OF SEVEN
MEMBERS FOR THE PURPOSE OF SUBMITTING
REAPPORTIONMENT PLANS TO THE GENERAL ASSEMBLY
WHICH COMES INTO EXISTENCE ONLY IF THE GENERAL
ASSEMBLY HAS NOT ENACTED REAPPORTIONMENT
PLANS BY THE FIRST DAY OF JULY OF THE YEAR
FOLLOWING THE YEAR OF THE UNITED STATES CENSUS,
AND TO PROVIDE FOR THE SELECTION, QUALIFICATIONS,
POWERS, AND DUTIES OF THE COMMISSION AND ITS
MEMBERS.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Title 2 of the 1976 Code is amended by adding:
"CHAPTER 73
State Reapportionment Commission
Section 2-73-10. The General Assembly finds that the periodic
reapportionment of the House of Representatives, the Senate, and the
congressional districts is a legislative responsibility of great
consequence for it is designed to guarantee fair and effective
representation for all citizens of South Carolina. It is a duty whose
performance involves the analysis of population data, the study of
geographic and demographic factors, the assistance of statisticians
and other technical experts, and the development and completion of
a reapportionment plan in time not only to provide for an orderly
electoral process and an informed electorate but also to comply with
all state and federal election laws, including primary election and
general election schedules prescribed by statute and by the state
Constitution. While the reapportionment process is a legislative one,
the General Assembly also finds that benefits are to be gained from
the participation of the major political parties and of the public in that
process. For these reasons, the General Assembly considers it proper
and necessary to provide formally for public participation in the
formulation of a reapportionment plan by establishing a
reapportionment commission to function if a reapportionment plan is
not enacted in a timely fashion and to prescribe a schedule to best
ensure that the periodic reapportionment of the House of
Representatives, the Senate, and the congressional districts is carried
out in conformity with statutorily and constitutionally prescribed
dates in the nomination and election process and with all other state
and federal election laws.
Section 2-73-20. The General Assembly shall reapportion the
House of Representatives, Senate, and congressional districts by the
first day of July of the year following the year of the decennial
United States Census. If the deadline is not met and notwithstanding
Section 2-1-180, the General Assembly may not adjourn sine die
until it has received the final report of the State Reapportionment
Commission as specified in Section 2-73-50, or it has enacted the
required reapportionment plans, whichever occurs first.
Section 2-73-30. (A) If the reapportionment plans required by
Section 2-73-20 are not enacted by the first day of July of the year
following the year of the decennial United States Census, there is
created a State Reapportionment Commission consisting of seven
members, none of whom may be public officials, selected as follows:
(1) The members of the House of Representatives affiliated with
the two political parties having the largest representation in the House
of Representatives shall each, acting as a caucus, elect one member.
(2) The members of the Senate affiliated with the two political
parties having the largest representation in the Senate shall each,
acting as a caucus, elect one member.
(3) The Governor shall appoint two members, using his
appointments to ensure representation of minority races and political
parties.
(4) The members of the State Reapportionment Commission
appointed pursuant to items (1) through (3) of this subsection shall at
their first meeting by majority vote elect a seventh member who shall
serve as chairman. If the members are unable to elect a chairman,
after ten ballots, or in any case if no chairman has been elected within
ten days after the organizational meeting, the Governor shall appoint
the chairman.
(B) Vacancies must be filled in the manner of original
appointment. Commission members shall receive the usual mileage,
per diem, and subsistence as provided by law for members of state
boards, committees, and commissions.
(C) The first meeting of the commission must be called by the
Governor not later than the first day of August following creation of
the commission, and he shall also appoint one of the previously
selected members to serve as temporary chairman at the
commission's organizational meeting until a chairman is selected.
(D) The commission shall expire upon filing its final report or
upon the enactment by the General Assembly of all the
reapportionment plans required in Section 2-73-20, whichever occurs
first.
Section 2-73-40. For purposes of this act, the most recently
completed United States Census qualifies as the decennial
enumeration required by Section 3 of Article III of the Constitution
of this State.
Section 2-73-50. The commission shall establish fair and
reasonable written criteria appropriate for reapportionment which it
shall follow in formulating plans of reapportionment not already
enacted by the General Assembly. The Division of Research and
Statistical Services of the State Budget and Control Board shall
provide technical staff and clerical services to the commission, and
the commission may call upon the services of other state agencies for
advice and assistance as it considers necessary.
Section 2-73-60. After formulating a proposed reapportionment
plan the commission shall conduct at least one public hearing on the
plan which must be held in Columbia, and as many other hearings in
the same or other locations throughout the State as it considers
necessary for the purpose of receiving comments on the proposed
plan. Notice of all public hearings must be published in daily
newspapers of general circulation covering all areas of the State at
least fourteen days before the hearing date. After the hearing or
hearings are completed, the commission shall prepare a final report
consisting of its reapportionment plan and the criteria used in
developing the plan. The final report must be filed not later than the
first day of October, following creation of the commission, with the
Governor, the Speaker of the House of Representatives, the President
of the Senate, and the respective chairmen of the Judiciary
Committees of the House of Representatives and the Senate.
Section 2-73-70. Failure by the General Assembly to enact plans
of reapportionment for the House of Representatives, the Senate, the
congressional districts by the first day of November following its
receipt of the final report of the State Reapportionment Commission
is considered prima facie evidence that the General Assembly is
unable to devise and enact a plan of reapportionment for whatever
body it has failed to reapportion."
SECTION 2. This act takes effect upon approval by the Governor.
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