S 256 Session 109 (1991-1992)
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.
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