<p> 1 South Carolina General Assembly 2 122nd Session, 2017-2018 3 4 H. 4456 5 6 STATUS INFORMATION 7 8 General Bill 9 Sponsors: Reps. Clary, Funderburk, Bernstein, Elliott, Wheeler, Cogswell, Collins, Thigpen, J.E. Smith, 10 CobbHunter and Norrell 11 Document Path: l:\council\bills\bh\7153ahb18.docx 12 Companion/Similar bill(s): 989, 5201 13 14 Introduced in the House on January 9, 2018 15 Currently residing in the House Committee on Judiciary 16 17 Summary: SC Redistricting Commission 18 19 20 HISTORY OF LEGISLATIVE ACTIONS 21 22 Date Body Action Description with journal page number 23 12/13/2017 House Prefiled 24 12/13/2017 House Referred to Committee on Judiciary 25 1/9/2018 House Introduced and read first time ( House Journalpage 118) 26 1/9/2018 House Referred to Committee on Judiciary ( House Journalpage 119) 27 1/10/2018 House Member(s) request name added as sponsor: J.E.Smith 28 2/7/2018 House Member(s) request name added as sponsor: CobbHunter 29 3/8/2018 House Member(s) request name added as sponsor: Norrell 30 31 View the latest legislative information at the website 32 33 34 VERSIONS OF THIS BILL 35 36 12/13/2017 37 1 2 3 4 5 6 7 8 9 A BILL 10 11 TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 12 1976, BY ADDING CHAPTER 80 TO TITLE 2 SO AS TO 13 ENTITLE THE CHAPTER “SOUTH CAROLINA 14 REDISTRICTING COMMISSION”, TO CREATE AN 15 INDEPENDENT REDISTRICTING COMMISSION, TO 16 PROVIDE THAT MEMBERS OF THE COMMISSION WILL 17 BE APPOINTED EVERY TEN YEARS AFTER THE 18 FOLLOWING YEAR OF THE DECENNIAL UNITED STATES 19 CENSUS, AND TO PROVIDE FOR THE MEMBERSHIP AND 20 PROCEDURES FOR THE COMMISSION TO FOLLOW IN 21 REAPPORTIONING THE HOUSE OF REPRESENTATIVES, 22 THE SENATE, AND THE STATE’S CONGRESSIONAL 23 DISTRICTS. 24 25 Be it enacted by the General Assembly of the State of South 26 Carolina: 27 28 SECTION 1. Title 2 of the 1976 Code is amended by adding: 29 30 “CHAPTER 80 31 32 South Carolina Redistricting Commission 33 34 Section 28010. The General Assembly finds that the periodic 35 redistricting of the House of Representatives, the Senate, and the 36 congressional districts is a responsibility of great consequence for 37 it is designed to guarantee fair and effective representation for all 38 citizens of South Carolina. It is a duty whose performance involves 39 the analysis of population data, the study of geographic and 40 demographic factors, the assistance of statisticians and other 41 technical experts, and the development and completion of a 42 redistricting plan in time not only to provide for an orderly</p><p>[4456] 2 1 electoral process and an informed electorate but also to comply 2 with all state and federal election laws, including primary election 3 and general election schedules prescribed by statute and by the 4 state Constitution. The General Assembly also finds that benefits 5 are to be gained from the participation of the major political parties 6 and of the public in the process. For these reasons, the General 7 Assembly considers it proper and necessary to provide formally 8 for public participation in the formulation of a redistricting plan by 9 establishing an independent commission to construct redistricting 10 plans in a timely fashion and to prescribe a schedule to best ensure 11 that the periodic redistricting of the House of Representatives, the 12 Senate, and the congressional districts is carried out in conformity 13 with statutorily and constitutionally prescribed dates in the 14 nomination and election process and with all other state and 15 federal election laws. 16 17 Section 28020. For purposes of this chapter the: 18 (1) redistricting plan defines the boundaries of electoral 19 districts in a manner that is consistent with the most recent federal 20 census and with the criteria specified in Section 28050; and 21 (2) most recently completed United States Census qualifies as 22 the decennial enumeration required by Section 3, Article III of the 23 Constitution of this State. 24 25 Section 28030. The General Assembly shall adopt a 26 redistricting plan for the House of Representatives, Senate, and 27 congressional districts by the second Thursday in May of the year 28 following the year of the decennial United States Census after 29 receipt of final redistricting plans as required by the provisions of 30 this chapter. If the deadline is not met and notwithstanding Section 31 21180, the General Assembly may not adjourn sine die until it has 32 received the final report of the South Carolina Redistricting 33 Commission as specified in this section, and it has enacted the 34 required redistricting plans. 35 36 Section 28040. (A) On January first of the year following the 37 year of the decennial United States Census, there is created the 38 South Carolina Redistricting Commission consisting of seven 39 members, none of whom may be elected officials, selected as 40 follows: 41 (1) two members must be appointed by the Governor, no 42 more than one of whom are members of the appointing Governor’s 43 political party;</p><p>[4456] 3 1 (2) two members must be selected by the Senate, one upon 2 the recommendation of the members of the majority political party 3 in the Senate and one upon the recommendation of the members of 4 the largest minority political party in the Senate; 5 (3) two members must be selected by the House of 6 Representatives, one upon the recommendation of the members of 7 the majority political party in the House of Representatives and 8 one upon the recommendation of the members of the largest 9 minority political party in the House of Representatives; 10 (4) the members of the South Carolina Redistricting 11 Commission appointed pursuant to items (1) through (3) shall at 12 their first meeting by majority vote elect a seventh member who 13 shall serve as chair. If the members are unable to elect a chair, after 14 ten ballots, or in any case if no chair has been elected within ten 15 days after the organizational meeting, the Governor shall appoint 16 the chair. 17 (B) Vacancies must be filled in the manner of original 18 appointment. Commission members shall receive the usual 19 mileage, per diem, and subsistence as provided by law for 20 members of state boards, committees, and commissions. 21 (C) The first meeting of the commission must be called by the 22 Governor by the first day of February following creation of the 23 commission, and the Governor also shall appoint one of the 24 previously selected members to serve as temporary chair at the 25 commission’s organizational meeting until a chairman is selected. 26 (D) The commission shall adjourn upon filing its final report 27 and the enactment by the General Assembly of all the redistricting 28 plans required in Section 28030. The commission shall have 29 authority to reconvene to address any court orders requiring 30 changes to the redistricting plan until such time as a new 31 commission is appointed following the next federal census. The 32 commission will develop a redistricting plan consistent with those 33 court orders, which shall become effective upon submission of 34 their report to the General Assembly. 35 36 Section 28050. (A) The Revenue and Fiscal Affairs Office 37 shall provide technical staff and clerical services to the 38 commission, and the commission may call upon the services of 39 other state agencies and employ such additional experts as needed 40 for advice and assistance as it considers necessary. 41 (B) Commission members are entitled to such mileage, 42 subsistence, and per diem as authorized by law for members of 43 boards, committees, and commissions while in the performance of</p><p>[4456] 4 1 the duties for which appointed. These expenses must be paid from 2 the general fund of the State on warrants duly signed by the 3 chairman of the commission and payable by the authorities from 4 which they are appointed, except as provided in this chapter. 5 (C) The commission may employ or retain other professional 6 staff or consultants, upon the determination of the necessity for 7 other staff by the commission. The costs and expenses of the 8 commission must be funded in the annual state General 9 Appropriations Act. 10 (D) Apportionment redistricting plans for the Senate, House of 11 Representatives, and United States House of Representatives 12 districts shall comply with the United States Constitution and the 13 federal Voting Rights Act, 42 U.S.C. 1971, et. seq. Redistricting 14 plans must be comprised of districts that are geographically 15 contiguous and, to the greatest extent possible, geographically 16 compact, while maintaining and respecting the geographic 17 integrity of any city, county, city and county, neighborhood, or 18 communities of interest including, but not limited to, rural 19 communities, coastal communities, or separation by geographic 20 features such as lakes, major rivers, national forest, or mountains. 21 Communities of interest may not be interpreted to include 22 relationships with political parties, incumbency, or political 23 candidates. The place of residence of an incumbent or a political 24 candidate may not be considered in the apportionment of districts, 25 nor shall districts be apportioned for the purpose of favoring or 26 discriminating against an incumbent, political candidate, or 27 political party. In drawing districts, the commission shall seek to 28 achieve substantial population equality among districts with 29 deviations for state House of Representatives and Senate districts 30 allowable to achieve compliance with nondiscriminatory criteria. 31 (E) The commission shall establish its own policies and 32 procedures as necessary regarding the adoption of redistricting 33 plans but shall follow parliamentary procedure as published in 34 Mason’s Manual or Robert’s Rules of Order, in its discretion, and 35 the commission shall adopt such district boundaries as are 36 approved by a simple majority of the members of the commission. 37 38 Section 28060. After formulating a proposed redistricting plan, 39 the commission shall conduct at least four public hearings on the 40 plan which must be held in Columbia, Greenville, Charleston, and 41 Florence and as many other hearings in the same or other locations 42 throughout the State as it considers necessary for the purpose of 43 receiving comments on the proposed plan. Notice of all public</p><p>[4456] 5 1 hearings must be published in daily newspapers of general 2 circulation covering all areas of the State at least fourteen days 3 before the hearing date. After the hearing or hearings are 4 completed, the commission shall prepare a final report consisting 5 of its redistricting plan and the criteria used in developing the plan. 6 The final report must be filed by the first day of May, following 7 creation of the commission, with the Governor, the Speaker of the 8 House of Representatives, the President of the Senate, and the 9 respective chairmen of the Judiciary Committees of the House of 10 Representatives and the Senate. The General Assembly shall 11 undertake the development and adoption of a redistricting plan on 12 its own, without regard to any subsequently filed plan by the 13 commission, if the commission fails to file its plan by the May first 14 deadline.” 15 16 SECTION 2. This act takes effect upon approval by the 17 Governor. 18 XX 19</p><p>[4456] 6</p>