Current Status Bill Number:562 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19950223 Primary Sponsor:Rose, All Sponsors:Rose, Mescher and Richter Drafted Document Number:JUD6020.MTR Residing Body:House Current Committee:Judiciary Committee 25 HJ Date of Last Amendment:19960425 Subject:County councils, additional powers
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19960430 Introduced, read first time, 25 HJ
referred to Committee
Senate 19960426 Read third time, sent to House
Senate 19960425 Amended, read second time,
unanimous consent for third reading
on Friday, 19960426
Senate 19960424 Committee report: Favorable with 11 SJ
amendment
Senate 19950223 Introduced, read first time, 11 SJ
referred to Committee
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COMMITTEE AMENDMENT ADOPTED
April 25, 1996
S. 562
S. Printed 4/25/96--S.
Read the first time February 23, 1995.
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 EXCEPT FOR THE APPOINTMENT OF MAGISTRATES, MEMBERS OF COUNTY BOARDS OF REGISTRATION, AND COUNTY COMMISSIONERS OF ELECTION, 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.
Amend Title To Conform
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) Except for the appointment of magistrates as provided in Section 22-1-10, the appointment of members of county boards of registration as provided in Section 7-5-10, the appointment of county commissioners of election as provided in Section 7-13-70, and an action concerning a special purpose district or natural gas authority, any action which by statute requires a vote or an action by a county legislative delegation on a matter affecting only one county may be devolved upon the county governing body of that county if:
(1) the delegation affirmatively votes, using the weighted voting formula provided in subsection (C), that the action be devolved upon the county governing body; and
(2) the county governing body by ordinance or resolution agrees to accept the action and notifies the Code Commissioner of its acceptance.
The Code Commissioner must keep a list of these 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 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 where the appointee or person recommended would represent only that county;
(2) an action concerning a special purpose district or natural gas authority which by statute requires a vote or an action by a county legislative delegation; and
(3) 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 must be rounded to equal one.
(D) For the purposes of this section, `county legislative delegation' includes 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 may 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 must be rounded to equal one.
(C) For the purposes of this section, `legislative delegation' includes each member of the House of Representatives and of the Senate whose district includes any portion of the geographic area of a given multi-county area.
(D) 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 annotations or 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.