S*1028(Rat #0501, Act #0443 of 1996)  General Bill, By Hayes, Peeler and Short
 A Bill to amend Section 5-15-145, Code of Laws of South Carolina, 1976,
 relating to the transfer of authority to conduct a municipal election from a
 municipal election commission to a county election commission, so as to
 provide for the abolishment of a municipal election commission when the total
 responsibility for the conduct of a municipal election is transferred to a
 county election commission, prohibit a municipality which transfers a portion
 of the responsibilities for the conduct of a municipal election from
 abolishing the municipal election commission; and to amend Section 5-7-140,
 relating to the extension of police jurisdiction and authority of a
 municipality bordering on the high-tide line of the Atlantic Ocean or certain
 other bodies of water to the area lying between the high-tide line and the
 low-tide line, so as to extend the corporate limits of these municipalities to
 include all that area lying between the high-tide line and one mile seaward of
 the high-tide line, and if the municipality borders on the high water mark of
 a navigable body of water other than the Atlantic Ocean, to extend its limits
 to include all that area lying between the high water mark and the low water
 mark, to make these areas subject to all ordinances and regulations that may
 be applicable to areas lying within the corporate limits of the municipality,
 and to give municipal courts jurisdiction to punish individuals violating
 municipal ordinances where the misdemeanors occurred in the area defined in
 this Section.-amended title

   01/17/96  Senate Introduced and read first time SJ-4
   01/17/96  Senate Referred to Committee on Judiciary SJ-4
   03/06/96  Senate Committee report: Favorable Judiciary SJ-17
   03/07/96  Senate Read second time SJ-9
   03/07/96  Senate Ordered to third reading with notice of amendments SJ-9
   03/12/96  Senate Read third time and sent to House SJ-15
   03/13/96  House  Introduced and read first time HJ-10
   03/13/96  House  Referred to Committee on Judiciary HJ-10
   05/15/96  House  Committee report: Favorable with amendment
                     Judiciary HJ-4
   05/21/96  House  Debate adjourned HJ-69
   05/21/96  House  Amended HJ-90
   05/21/96  House  Read second time HJ-91
   05/22/96  House  Read third time and returned to Senate with
                     amendments HJ-14
   05/23/96  Senate House amendment amended SJ-45
   05/23/96  Senate Returned to House with amendments SJ-45
   05/30/96  House  Concurred in Senate amendment and enrolled HJ-62
   06/13/96         Ratified R 501
   06/18/96         Signed By Governor
   06/18/96         Effective date 06/18/96
   07/03/96         Copies available
   07/03/96         Act No. 443

AN ACT TO AMEND SECTION 5-15-145, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRANSFER OF AUTHORITY TO CONDUCT A MUNICIPAL ELECTION FROM A MUNICIPAL ELECTION COMMISSION TO A COUNTY ELECTION COMMISSION, SO AS TO PROVIDE FOR THE ABOLISHMENT OF A MUNICIPAL ELECTION COMMISSION WHEN THE TOTAL RESPONSIBILITY FOR THE CONDUCT OF A MUNICIPAL ELECTION IS TRANSFERRED TO A COUNTY ELECTION COMMISSION, PROHIBIT A MUNICIPALITY WHICH TRANSFERS A PORTION OF THE RESPONSIBILITIES FOR THE CONDUCT OF A MUNICIPAL ELECTION FROM ABOLISHING THE MUNICIPAL ELECTION COMMISSION; AND TO AMEND SECTION 5-7-140, RELATING TO THE EXTENSION OF POLICE JURISDICTION AND AUTHORITY OF A MUNICIPALITY BORDERING ON THE HIGH-TIDE LINE OF THE ATLANTIC OCEAN OR CERTAIN OTHER BODIES OF WATER TO THE AREA LYING BETWEEN THE HIGH-TIDE LINE AND THE LOW-TIDE LINE, SO AS TO EXTEND THE CORPORATE LIMITS OF THESE MUNICIPALITIES TO INCLUDE ALL THAT AREA LYING BETWEEN THE HIGH-TIDE LINE AND ONE MILE SEAWARD OF THE HIGH-TIDE LINE, AND IF THE MUNICIPALITY BORDERS ON THE HIGH-WATER MARK OF A NAVIGABLE BODY OF WATER OTHER THAN THE ATLANTIC OCEAN, TO EXTEND ITS LIMITS TO INCLUDE ALL THAT AREA LYING BETWEEN THE HIGH-WATER MARK AND THE LOW-WATER MARK, TO MAKE THESE AREAS SUBJECT TO ALL ORDINANCES AND REGULATIONS THAT MAY BE APPLICABLE TO AREAS LYING WITHIN THE CORPORATE LIMITS OF THE MUNICIPALITY, AND TO GIVE MUNICIPAL COURTS JURISDICTION TO PUNISH INDIVIDUALS VIOLATING MUNICIPAL ORDINANCES WHERE THE MISDEMEANORS OCCURRED IN THE AREA DEFINED IN THIS SECTION.

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

Abolition of a municipal election commission

SECTION 1. Section 5-15-145 of the 1976 Code, as added by Act 289 of 1992, is amended by adding:

"(C) When the total responsibility for the conduct of a municipal election is transferred to a county election commission, pursuant to the provisions of this section, the municipal election commission is abolished.

(D) If the municipality, by ordinance transfers a portion of the responsibilities for the conduct of a municipal election to a county election commission, the municipality shall not abolish the municipal election commission."

Corporate limits extended

SECTION 2. Section 5-7-140 of the 1976 Code is amended to read:

"Section 5-7-140. (A) The corporate limits of any municipality bordering on the high-tide line of the Atlantic Ocean are extended to include all that area lying between the high-tide line and one mile seaward of the high-tide line. These areas 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 area defined in this section.

(B) The corporate limits of any municipality bordering on the high-water mark of a navigable body of water, other than the Atlantic Ocean, are extended to include all that area lying between the high-water mark and the low-water mark. These areas are subject to all of 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."

Time effective

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

Approved the 18th day of June, 1996.