Current Status Introducing Body:Senate Bill Number:1432 Ratification Number:563 Primary Sponsor:Mescher Type of Legislation:GB Subject:Berkeley County, Goose Creek Recreation Commission Date of Governor's Action:19940929 Date Bill Passed both Bodies:19940602 Governor's Action:V Computer Document Number:1432 Introduced Date:19940525 Date of Last Amendment:19940602 Last History Body:------ Last History Date:19940929 Last History Type:Vetoed by Governor Scope of Legislation:Statewide All Sponsors:Mescher Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
---- ------ ------------ ------------------------------ --- ------------
1432 ------ 19940929 Vetoed by Governor
1432 ------ 19940602 Ratified R 563
1432 Senate 19940602 Concurred in House amendment,
enrolled for ratification
1432 House 19940602 Amended, read third time,
returned with amendment
1432 House 19940601 Read second time
1432 House 19940531 Introduced, read first time,
placed on Calendar without
reference
1432 Senate 19940527 Read third time, sent to House
1432 Senate 19940526 Read second time
1432 Senate 19940525 Unanimous consent for second
and third reading on the next
two consecutive Legislative
days
1432 Senate 19940525 Introduced, read first time,
placed on local and
uncontested Calendar without
reference
View additional legislative information at the LPITS web site.
(R563, S1432)
AN ACT TO RELOCATE THE FOLLY BEACH PUBLIC OYSTER GROUND, PROHIBIT PRIVATE DOCKS, PROVIDE FOR REVERSION TO A SHELLFISH GROUND, AND PRESERVE THE ABILITY OF COUNTY LEGISLATIVE DELEGATIONS TO MOVE PUBLIC OYSTER GROUNDS; TO AMEND THE 1976 CODE BY ADDING SECTION 33-31-155 SO AS TO AUTHORIZE THE FORMER BOARD OF DIRECTORS OF A DISSOLVED NONPROFIT CORPORATION OR ELEEMOSYNARY ORGANIZATION LOCATED IN FLORENCE COUNTY TO DISTRIBUTE THE REMAINING ASSETS OF THE ORGANIZATION AND TO PROVIDE THAT EFFECTIVE TWO YEARS AFTER THE EFFECTIVE DATE OF THIS PROVISION, IF SUCH DISTRIBUTION IS NOT ACCOMPLISHED WITHIN FIVE YEARS OF DISSOLUTION, THE REMAINING ASSETS ESCHEAT TO THE STATE; AND TO AMEND ACT 1093 OF 1966, AS LAST AMENDED BY ACT 437 OF 1973, RELATING TO THE GOOSE CREEK PARK AND PLAYGROUND COMMISSION, SO AS TO CHANGE THE NAME OF THE COMMISSION TO THE GOOSE CREEK RECREATION COMMISSION.
Whereas, public oyster grounds are of great importance to the public; and
Whereas, the location of private docks in public oyster grounds causes numerous problems for shellfish management and for the harvesting public; and
Whereas, public shellfish harvesting is a growing recreational component of the State's tourism industry; and
Whereas, public shellfish harvesting provides economical means for our citizens to acquire shellfish for their personal consumption and enjoyment; and
Whereas, public oyster grounds are recognized by the South Carolina Coastal Council as "geographic areas of particular concern" to be protected for public recreation and public consumption; and
Whereas, public oyster grounds are managed by the South Carolina Department of Natural Resources and protected for the management of shellfish for public recreation and personal consumption; and
Whereas, the General Assembly finds that the existence of private or public docks in public oyster grounds would not be in the best interest of the State. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
Relocation of the Folly Beach Public Oyster Ground; private docks prohibited; reverts to shellfish ground; ability preserved for county legislative delegations
SECTION 1. (A) The Folly Beach Public Oyster Ground is relocated to that area on the north bank of the Folly River directly across from the existing public oyster ground. This new area is approximately two thousand feet long and is bounded on the north by the marshes of the Folly River, to the east by the westernmost boundary of Shellfish Culture Permit C-207, to the south by the Folly River, and to the west by another small unnamed tributary of the Folly River adjacent to South Carolina Highway 171. However, the portion of the existing public oyster ground on the south bank of the Folly River immediately adjacent to the South Carolina Highway 171 Bridge remains in place. This area is approximately two hundred feet in length and extends from the bridge to the first small ditch or creek.
(B) No private docks are allowed in the Folly River Public Oyster Ground described in subsection (A).
(C) The area on the south bank of the Folly River currently designated as a public oyster ground, excepting the two hundred foot area described in subsection (A), reverts to a state shellfish ground upon the effective date of this section. This state shellfish ground must be managed by the South Carolina Department of Natural Resources exclusively for recreational shellfish harvesting.
(D) This section does not infringe on the ability of county legislative delegations to move public oyster grounds as provided in Section 50-17-370 of the 1976 Code.
Distributing certain assets authorized
SECTION 2. Article 1, Chapter 31, Title 33 of the 1976 Code is amended by adding:
"Section 33-31-155. (A) Persons serving as directors or trustees at the time of dissolution of a nonprofit corporation or eleemosynary organization created pursuant to Section 33-31-10 and located in Florence County for the public good other than religious purposes are invested with the authority to dispose of any remaining assets of the corporation by resolution pursuant to the requirements of this section.
(B) The corporation's charter does not have to be reinstated for the disposition of such assets.
(C) The directors or trustees must call a special meeting for the limited purpose of disposing of the corporate assets remaining after dissolution. Notwithstanding any other provision of law, a quorum shall not be required for the conducting of the special meeting. Notice of such meeting must be published in a newspaper of general circulation, in the county in which the organization was perfected, for a period of one week prior to the meeting date.
(D) The assets may only be disposed of if a majority of the directors or trustees present and voting cast a favorable majority for such disposition. The assets must be distributed in such a manner to ensure their continued use for public and civic purposes.
(E) If persons serving as directors or trustees at the time of dissolution are deceased or have not taken action to dispose of assets of a dissolved nonprofit eleemosynary organization within five years of dissolution, any remaining assets escheat to the general fund of the State."
Name changed
SECTION 3. Section 1 of Act 1093 of 1966, as last amended by Act 437 of 1973, is amended to read:
"Section 1. There is hereby created a commission in Berkeley County to be known as the Goose Creek Recreation Commission, whose territorial jurisdiction shall consist of that portion of Berkeley County as shown on Goose Creek Park and Playground map recorded in the office of the Berkeley County Clerk of Court in Plat Book U, Page 137, and a copy of which is on file at the office of the commission."
Time effective
SECTION 4. This act takes effect upon approval by the Governor with the exception of Section 33-31-155(E), which shall take effect two years from the date of approval by the Governor.
In the Senate House ____________________________________________.
______________________________________________
President of the Senate
______________________________________________
Speaker of the House of Representatives
Approved the ____________ day of ________________________ 1994.
______________________________________________
Governor