S 1088 General Bill, By D.L. Hinds
 A Bill to amend Section 5-7-140, Code of Laws of South Carolina, 1976 relating
 to the extension of police jurisdiction and authority of municipalities
 bordering on the high-tide line of the Atlantic Ocean, so as to provide that
 the city limits of municipalities bordering the high-tide line of the Atlantic
 Ocean be extended to include all that area lying between the high-tide line
 and the low-tide line.

   11/11/91  Senate Prefiled
   11/11/91  Senate Referred to Committee on Judiciary
   01/14/92  Senate Introduced and read first time SJ-25
   01/14/92  Senate Referred to Committee on Judiciary SJ-25
   02/05/92  Senate Committee report: Favorable with amendment
                     Judiciary SJ-9
   02/06/92  Senate Amended SJ-29
   02/06/92  Senate Read second time SJ-29
   02/11/92  Senate Read third time and sent to House SJ-11
   02/12/92  House  Introduced, read first time, placed on calendar
                     without reference HJ-12
   02/19/92  House  Debate adjourned until Thursday, February 27,
                     1992 HJ-29
   02/27/92  House  Debate adjourned until Thursday, March 5, 1992 HJ-2
   03/05/92  House  Committed to Committee on Judiciary HJ-14
   03/31/92  House  Committee report: Favorable with amendment
                     Judiciary HJ-32
   04/15/92  House  Debate adjourned until Wednesday, April 22, 1992 HJ-35
   04/22/92  House  Debate adjourned until Thursday, April 30, 1992 HJ-29
   04/30/92  House  Debate adjourned until Wednesday, May 13, 1992 HJ-2
   05/13/92  House  Debate adjourned until Wednesday, May 20, 1992 HJ-1
   05/20/92  House  Debate adjourned until Tuesday, June 2, 1992 HJ-28
   06/02/92  House  Debate adjourned until Thursday, June 4, 1992 HJ-18
   06/04/92  House  Debate adjourned HJ-24

COMMITTEE REPORT

March 31, 1992

S. 1088

S. Printed 3/31/92--H.

Read the first time February 12, 1992.

To whom was referred a Bill (S. 1088), to amend Section 5-7-140, Code of Laws of South Carolina, 1976, relating to the extension of police jurisdiction, etc., respectfully

That they have duly and carefully considered the same, and recommend that the same do pass with amendment:

Amend the bill, as and if amended, by striking all before the enacting words and inserting:

/Whereas, there has been some confusion relating to determining the corporate limits of municipalities bordering the Atlantic Ocean; and

Whereas, the purpose of this legislation is to clarify and correct the law with regard to determining the corporate boundaries of these municipalities. Now, therefore,/

Amend further by striking all after the enacting words and inserting:

/SECTION 1. Section 5-7-140 of the 1976 Code is amended to read:

"Section 5-7-140. For the purpose of maintaining proper policing and to provide proper sanitation, the police jurisdiction and authority The corporate limits of any municipality bordering on the high-tide high tide line of the Atlantic Ocean or the high-water mark of any other navigable body of water is extended to include all that area lying between the high-tide high tide line and the low-tide low tide line directly adjacent to the Atlantic Ocean. Such area does not include any areas around inlets, sounds, or marshes which may protrude inland from the Atlantic Ocean. or between the high-water mark and the low-water mark. These areas, including areas bordering on navigable bodies of water running through a municipality or contained wholly within the municipality, are. This area is subject to all the ordinances and regulations that may be applicable to the areas lying within the corporate limits of the municipality, and the municipal courts court have has jurisdiction to punish individuals violating the provisions of the a municipal ordinances ordinance where the a misdemeanor occurred occurs in the areas area defined in this section. However, the extension of authority provided by the movement of the municipal corporate line limit is specifically limited to the governance of business activities, including the sale or delivery of goods and services, on the sand or ground at the level of the beach or on or from temporary or mobile structures in the area, and does not apply to activities, including the construction or use of permanent structures such as ocean front piers, conducted on the permanent structures extending below the high tide line into the Atlantic Ocean. Neither the police jurisdiction for the governance of personal conduct as granted by any other laws nos the annexation laws of the State are affected by this section."

SECTION 2. This act takes effect upon approval by the Governor./

Amend title to conform.

DAVID H. WILKINS, for Committee.

A BILL

TO AMEND SECTION 5-7-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXTENSION OF POLICE JURISDICTION AND AUTHORITY OF MUNICIPALITIES BORDERING ON THE HIGH-TIDE LINE OF THE ATLANTIC OCEAN, SO AS TO PROVIDE THAT THE CITY LIMITS OF MUNICIPALITIES BORDERING THE HIGH-TIDE LINE OF THE ATLANTIC OCEAN BE EXTENDED TO INCLUDE ALL THAT AREA LYING BETWEEN THE HIGH-TIDE LINE AND THE LOW-TIDE LINE.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Section 5-7-140 of the 1976 Code is amended to read:

"For the purpose of maintaining proper policing and to provide proper sanitation, the police jurisdiction and authority The police powers of any municipality bordering on the high-tide line of the Atlantic Ocean or the high-water mark of any other navigable body of water is extended to include all that area lying between the high-tide line and the low-tide line or between the high-water mark and the low-water mark. These areas, including areas bordering on navigable bodies of water running through a municipality or contained wholly within the municipality, are subject to all the ordinances and regulations that may be applicable to the areas lying within the corporate limits of the municipality, and the municipal courts have jurisdiction to punish individuals violating the provisions of the municipal ordinances where the misdemeanor occurred in the areas defined in this section."

SECTION 2. This act takes effect upon approval by the Governor.