H*4883 Session 114 (2001-2002)
H*4883(Rat #0257, Act #0222 of 2002) General Bill, By Miller, Battle, Freeman,
Hayes, Jennings, Keegan, Kennedy and Snow
A BILL TO AMEND SECTION 49-29-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
1976, RELATING TO CERTAIN SCENIC RIVER DESIGNATIONS, SO AS TO DESIGNATE A
PORTION OF THE GREAT PEE DEE RIVER AS A SCENIC RIVER; AND TO AMEND SECTION
49-29-100, AS AMENDED, RELATING TO THE ACQUISITION OF LANDS ADJACENT TO SCENIC
RIVERS, SO AS TO PROVIDE THAT THE LEGISLATIVE DELEGATION FOR THE COUNTY IN
WHICH THE LAND IS LOCATED MUST CONSENT TO ACQUISITION OF LANDS ADJACENT TO
SCENIC RIVERS BY THE BUDGET AND CONTROL BOARD RATHER THAN THE GOVERNING BODY
OF THE COUNTY IN WHICH THE LAND IS LOCATED.-amended title
03/07/02 House Introduced and read first time HJ-49
03/07/02 House Referred to Committee on Agriculture, Natural
Resources and Environmental Affairs HJ-49
04/03/02 House Committee report: Favorable Agriculture, Natural
Resources and Environmental Affairs HJ-2
04/04/02 House Objection by Rep. Kelley HJ-36
04/04/02 House Read second time HJ-36
04/04/02 House Unanimous consent for third reading on next
legislative day HJ-36
04/04/02 House Reconsider unanimous consent for third reading
on next legislative day HJ-65
04/04/02 House Reconsider second reading HJ-73
04/09/02 House Amended HJ-18
04/09/02 House Read second time HJ-19
04/10/02 House Read third time and sent to Senate HJ-27
04/10/02 Senate Introduced, read first time, placed on calendar
without reference SJ-6
04/10/02 Senate Unanimous consent for second reading on next
legislative day SJ-6
04/10/02 Senate Unanimous consent for third reading on next
legislative day SJ-6
04/11/02 Senate Read second time SJ-27
04/12/02 Senate Read third time and enrolled SJ-1
04/16/02 Ratified R 257
04/22/02 Signed By Governor
05/08/02 Effective date 04/22/02
05/08/02 Copies available
05/14/02 Act No. 222
(A222, R257, H4883)
AN ACT TO AMEND SECTION 49-29-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN SCENIC RIVER DESIGNATIONS, SO AS TO DESIGNATE A PORTION OF THE GREAT PEE DEE RIVER AS A SCENIC RIVER; AND TO AMEND SECTION 49-29-100, AS AMENDED, RELATING TO THE ACQUISITION OF LANDS ADJACENT TO SCENIC RIVERS, SO AS TO PROVIDE THAT THE LEGISLATIVE DELEGATION FOR THE COUNTY IN WHICH THE LAND IS LOCATED MUST CONSENT TO ACQUISITION OF LANDS ADJACENT TO SCENIC RIVERS BY THE BUDGET AND CONTROL BOARD RATHER THAN THE GOVERNING BODY OF THE COUNTY IN WHICH THE LAND IS LOCATED.
Be it enacted by the General Assembly of the State of South Carolina:
Portions of the Great Pee Dee River designated a scenic river
SECTION 1. Section 49-29-230 of the 1976 Code, as last amended by Act 51 of 2001, is further amended by adding:
"(7) that portion of the Great Pee Dee River located between the U. S. Highway 378 bridge crossing of the Great Pee Dee River and downstream to the U. S. Highway 17 bridge crossing the Great Pee Dee River."
Acquisition of land adjacent to scenic rivers; approval of acquisition of lands by legislative delegation
SECTION 2. The first paragraph of Section 49-29-100 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"After ratification by the General Assembly of the designation of a river or river segment as a scenic river under the State Scenic Rivers Program, the State, through the Budget and Control Board, and with the consent of the legislative delegation for the county in which the land is located, may purchase with donated or appropriated funds, exchange lands for, or otherwise accept donations of certain lands adjacent to the eligible river or section of a river either in fee simple or perpetual easement from an owner. Unless unusual circumstances warrant, purchases of land adjacent to scenic and recreational rivers may not be less than one hundred feet in width from the ordinary high-water mark or mean high-water line of the river in normal conditions. Purchases of land for natural rivers may not be less than three hundred feet in width from the ordinary high-water mark or mean high-water line of the river."
Severance clause
SECTION 3. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
Time effective
SECTION 4. This act takes effect upon approval by the Governor.
Ratified the 16th day of April, 2002.
Approved the 22nd day of April, 2002.
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