H 3641 General Bill, By Edge and Harrison
 A BILL TO AMEND SECTION 5-7-150, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO A COASTAL MUNICIPALITY'S CRIMINAL JURISDICTION, SO AS TO PROVIDE
 THAT THE POLICE DEPARTMENT OF A MUNICIPALITY WHICH IS BOUNDED BY THE ATLANTIC
 OCEAN TO THE EAST AND WHICH IS COMPLETELY SURROUNDED ON THE REMAINING
 BOUNDARIES BY ANOTHER MUNICIPALITY EXERCISES CONCURRENT CRIMINAL JURISDICTION
 WITH THE SURROUNDING MUNICIPALITY'S POLICE DEPARTMENT ALONG THE PORTION OF ANY
 UNITED STATES HIGHWAY PASSING THROUGH THE SURROUNDED MUNICIPALITY.

   02/28/01  House  Introduced and read first time HJ-10
   02/28/01  House  Referred to Committee on Judiciary HJ-10

TO AMEND SECTION 5-7-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A COASTAL MUNICIPALITY'S CRIMINAL JURISDICTION, SO AS TO PROVIDE THAT THE POLICE DEPARTMENT OF A MUNICIPALITY WHICH IS BOUNDED BY THE ATLANTIC OCEAN TO THE EAST AND WHICH IS COMPLETELY SURROUNDED ON THE REMAINING BOUNDARIES BY ANOTHER MUNICIPALITY EXERCISES CONCURRENT CRIMINAL JURISDICTION WITH THE SURROUNDING MUNICIPALITY'S POLICE DEPARTMENT ALONG THE PORTION OF ANY UNITED STATES HIGHWAY PASSING THROUGH THE SURROUNDED MUNICIPALITY.

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

SECTION    1.    (A)    The General Assembly finds that the passage of Highway 17 from the City of North Myrtle Beach into the City of Atlantic Beach and then again into the City of North Myrtle Beach for the distance of approximately one-third of a mile, and the geography of the City of Atlantic Beach, bounded to the north, south, and west by the City of North Myrtle Beach and bounded to the east by the Atlantic Ocean, dilute the enforcement of law by fragmenting the jurisdiction of Highway 17 between the two surrounding municipalities. The General Assembly finds that this unique portion of Highway 17 requires concurrent jurisdiction of North Myrtle Beach and Atlantic Beach municipal law enforcement for the preservation of public safety.

    (B)    The General Assembly further recognizes that the provisions of Article III, Section 34 of the Constitution of this State prohibits the enactment of a special law where a general law can be made applicable but that general laws tailored to unique special circumstances are permissible in situations that cannot be adequately provided for otherwise on this basis, the General Assembly has determined to enact the provisions of Section 2 of this act.

SECTION    2.    Section 5-7-150 of the 1976 Code, as last amended by Act 133 of 1991, is further amended to read:

    "Section 5-7-150.    (A)    Every coastal municipality has criminal jurisdiction over piers and other structures and the waters of the ocean, a sound, or an inlet within one mile of those portions of the strand within the corporate limits. The corporate limits of the municipality are extended in a straight line from the strand into the ocean, inlet, or sound from the point where the corporate limits of the municipality reach the high-water mark of the strand. If an extension overlaps with the criminal jurisdiction of another political subdivision, the jurisdiction of each political subdivision extends to the equidistant point from the high-water mark of each strand.

    (B)    The police department of a municipality which is bounded by the Atlantic Ocean to the east and which is completely surrounded on the remaining boundaries by another municipality exercises concurrent criminal jurisdiction with the surrounding municipality's police department along the portion of any United States highway passing through the surrounded municipality."

SECTION    3.    This act takes effect upon approval by the Governor.