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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 timeNext 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 PrevioustimeNext 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 PrevioustimeNext HJ-19
   04/10/02  House  Read third PrevioustimeNext and sent to Senate HJ-27
   04/10/02  Senate Introduced, read first PrevioustimeNext, 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 PrevioustimeNext SJ-27
   04/12/02  Senate Read third PrevioustimeNext 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.

PreviousTime 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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