S 1432 Session 110 (1993-1994)
S 1432(Rat #0563) General Bill, By Mescher
A Bill to relocate the Folly Beach Public Oyster Ground, prohibit private
docks, provide for reversion to a shellfish ground, and preserve the ability
of county legislative delegations to move public oyster grounds; to amend the
1976 Code by adding Section 33-31-155 so as to authorize the former board of
directors of a dissolved nonprofit corporation or eleemosynary organization
located in Florence County to distribute the remaining assets of the
organization and to provide that effective two years after the effective date
of this provision, if such distribution is not accomplished within five years
of dissolution, the remaining assets escheat to the State; and to amend Act
1093 of 1966, as last amended by Act 437 of 1973, relating to the Goose Creek
Park and Playground Commission, so as to change the name of the Commission to
the Goose Creek Recreation Commission.-amended title
05/25/94 Senate Intd. & placed on local & uncontested cal. w/o
reference SJ-8
05/25/94 Senate Unanimous consent for second reading on next
legislative day SJ-8
05/25/94 Senate Unanimous consent for third reading on next
legislative day SJ-8
05/26/94 Senate Read second time SJ-61
05/27/94 Senate Read third time and sent to House SJ-11
05/31/94 House Introduced, read first time, placed on calendar
without reference HJ-31
06/01/94 House Read second time HJ-82
06/02/94 House Amended HJ-17
06/02/94 House Read third time and returned to Senate with
amendments HJ-19
06/02/94 Senate Concurred in House amendment and enrolled SJ-57
06/02/94 Ratified R 563
09/29/94 Vetoed by Governor
(R563, S1432)
AN ACT TO RELOCATE THE FOLLY BEACH PUBLIC OYSTER
GROUND, PROHIBIT PRIVATE DOCKS, PROVIDE FOR REVERSION
TO A SHELLFISH GROUND, AND PRESERVE THE ABILITY OF
COUNTY LEGISLATIVE DELEGATIONS TO MOVE PUBLIC
OYSTER GROUNDS; TO AMEND THE 1976 CODE BY ADDING
SECTION 33-31-155 SO AS TO AUTHORIZE THE FORMER BOARD
OF DIRECTORS OF A DISSOLVED NONPROFIT CORPORATION OR
ELEEMOSYNARY ORGANIZATION LOCATED IN FLORENCE
COUNTY TO DISTRIBUTE THE REMAINING ASSETS OF THE
ORGANIZATION AND TO PROVIDE THAT EFFECTIVE TWO
YEARS AFTER THE EFFECTIVE DATE OF THIS PROVISION, IF
SUCH DISTRIBUTION IS NOT ACCOMPLISHED WITHIN FIVE
YEARS OF DISSOLUTION, THE REMAINING ASSETS ESCHEAT TO
THE STATE; AND TO AMEND ACT 1093 OF 1966, AS LAST
AMENDED BY ACT 437 OF 1973, RELATING TO THE GOOSE
CREEK PARK AND PLAYGROUND COMMISSION, SO AS TO
CHANGE THE NAME OF THE COMMISSION TO THE GOOSE
CREEK RECREATION COMMISSION.
Whereas, public oyster grounds are of great importance to the public;
and
Whereas, the location of private docks in public oyster grounds causes
numerous problems for shellfish management and for the harvesting public;
and
Whereas, public shellfish harvesting is a growing recreational component
of the State's tourism industry; and
Whereas, public shellfish harvesting provides economical means for our
citizens to acquire shellfish for their personal consumption and enjoyment;
and
Whereas, public oyster grounds are recognized by the South Carolina
Coastal Council as "geographic areas of particular concern" to
be protected for public recreation and public consumption; and
Whereas, public oyster grounds are managed by the South Carolina
Department of Natural Resources and protected for the management of
shellfish for public recreation and personal consumption; and
Whereas, the General Assembly finds that the existence of private or public
docks in public oyster grounds would not be in the best interest of the State.
Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
Relocation of the Folly Beach Public Oyster Ground; private docks
prohibited; reverts to shellfish ground; ability preserved for county
legislative delegations
SECTION 1. (A) The Folly Beach Public Oyster Ground is relocated to
that area on the north bank of the Folly River directly across from the
existing public oyster ground. This new area is approximately two
thousand feet long and is bounded on the north by the marshes of the Folly
River, to the east by the westernmost boundary of Shellfish Culture Permit
C-207, to the south by the Folly River, and to the west by another small
unnamed tributary of the Folly River adjacent to South Carolina Highway
171. However, the portion of the existing public oyster ground on the
south bank of the Folly River immediately adjacent to the South Carolina
Highway 171 Bridge remains in place. This area is approximately two
hundred feet in length and extends from the bridge to the first small ditch or
creek.
(B) No private docks are allowed in the Folly River Public Oyster
Ground described in subsection (A).
(C) The area on the south bank of the Folly River currently designated
as a public oyster ground, excepting the two hundred foot area described in
subsection (A), reverts to a state shellfish ground upon the effective date of
this section. This state shellfish ground must be managed by the South
Carolina Department of Natural Resources exclusively for recreational
shellfish harvesting.
(D) This section does not infringe on the ability of county legislative
delegations to move public oyster grounds as provided in Section
50-17-370 of the 1976 Code.
Distributing certain assets authorized
SECTION 2. Article 1, Chapter 31, Title 33 of the 1976 Code is amended
by adding:
"Section 33-31-155. (A) Persons serving as directors or trustees
at the time of dissolution of a nonprofit corporation or eleemosynary
organization created pursuant to Section 33-31-10 and located in Florence
County for the public good other than religious purposes are invested with
the authority to dispose of any remaining assets of the corporation by
resolution pursuant to the requirements of this section.
(B) The corporation's charter does not have to be reinstated for the
disposition of such assets.
(C) The directors or trustees must call a special meeting for the limited
purpose of disposing of the corporate assets remaining after dissolution.
Notwithstanding any other provision of law, a quorum shall not be required
for the conducting of the special meeting. Notice of such meeting must be
published in a newspaper of general circulation, in the county in which the
organization was perfected, for a period of one week prior to the meeting
date.
(D) The assets may only be disposed of if a majority of the directors or
trustees present and voting cast a favorable majority for such disposition.
The assets must be distributed in such a manner to ensure their continued
use for public and civic purposes.
(E) If persons serving as directors or trustees at the time of dissolution
are deceased or have not taken action to dispose of assets of a dissolved
nonprofit eleemosynary organization within five years of dissolution, any
remaining assets escheat to the general fund of the State."
Name changed
SECTION 3. Section 1 of Act 1093 of 1966, as last amended by Act 437
of 1973, is amended to read:
"Section 1. There is hereby created a commission in Berkeley
County to be known as the Goose Creek Recreation Commission, whose
territorial jurisdiction shall consist of that portion of Berkeley County as
shown on Goose Creek Park and Playground map recorded in the office of
the Berkeley County Clerk of Court in Plat Book U, Page 137, and a copy
of which is on file at the office of the commission."
Time effective
SECTION 4. This act takes effect upon approval by the Governor with the
exception of Section 33-31-155(E), which shall take effect two years from
the date of approval by the Governor.
In the Senate House
____________________________________________.
______________________________________________
President of the Senate
______________________________________________
Speaker of the House of Representatives
Approved the ____________ day of ________________________
1994.
______________________________________________
Governor
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