Current Status Introducing Body:Senate Bill Number:1088 Primary Sponsor:Hinds Type of Legislation:GB Subject:Municipal police jurisdiction in coastal area Residing Body:House Computer Document Number:1088 Introduced Date:Jan 14, 1992 Date of Last Amendment:Feb 06, 1992 Last History Body:House Last History Date:Jun 04, 1992 Last History Type:Debate adjourned Scope of Legislation:Statewide All Sponsors:Hinds Type of Legislation:General Bill
Bill Body Date Action Description CMN
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1088 House Jun 04, 1992 Debate adjourned
1088 House Jun 02, 1992 Debate adjourned Until
Thursday, June 4, 1992
1088 House May 20, 1992 Debate adjourned until
Tuesday, June 2, 1992
1088 House May 13, 1992 Debate adjourned until
Wednesday, May 20, 1992
1088 House Apr 30, 1992 Debate adjourned until
Wednesday, May 13, 1992
1088 House Apr 22, 1992 Debate adjourned until
Thursday, April 30, 1992
1088 House Apr 15, 1992 Debate adjourned until
Wednesday, April 22, 1992
1088 House Mar 31, 1992 Committee Report: Favorable 25
with amendment
1088 House Mar 05, 1992 Committed to Committee 25
1088 House Feb 27, 1992 Debate adjourned until
Thursday, March 5, 1992
1088 House Feb 19, 1992 Debate Adjourned until
Thursday, February 27, 1992
1088 House Feb 12, 1992 Introduced, read first time,
placed on Calendar without
reference
1088 Senate Feb 11, 1992 Read third time, sent to House
1088 Senate Feb 06, 1992 Amended, read second time
1088 Senate Feb 05, 1992 Committee Report: Favorable 11
with amendment
1088 Senate Jan 14, 1992 Introduced, read first time, 11
referred to Committee
1088 Senate Nov 11, 1991 Prefiled, referred to 11
Committee
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Indicates Matter Stricken
Indicates New Matter
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.
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.