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A12, R24, S578

STATUS INFORMATION

General Bill
Sponsors: Senators Hembree, Campbell and Cleary
Document Path: l:\s-res\pgc\011mino.eb.pgc.docx
Companion/Similar bill(s): 3910

Introduced in the Senate on March 19, 2015
Introduced in the House on May 5, 2015
Last Amended on April 29, 2015
Passed by the General Assembly on May 7, 2015
Governor's Action: May 7, 2015, Signed

Summary: Coastal tidelands and wetlands

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   3/19/2015  Senate  Introduced and read first time (Senate Journal-page 3)
   3/19/2015  Senate  Referred to Committee on Agriculture and Natural 
                        Resources (Senate Journal-page 3)
   4/23/2015  Senate  Committee report: Favorable with amendment Agriculture 
                        and Natural Resources (Senate Journal-page 11)
   4/24/2015          Scrivener's error corrected
   4/29/2015  Senate  Committee Amendment Adopted (Senate Journal-page 62)
   4/29/2015  Senate  Read second time (Senate Journal-page 62)
   4/29/2015  Senate  Roll call Ayes-43  Nays-1 (Senate Journal-page 62)
   4/30/2015  Senate  Read third time and sent to House 
                        (Senate Journal-page 11)
    5/5/2015  House   Introduced, read first time, placed on calendar without 
                        reference (House Journal-page 20)
    5/6/2015  House   Read second time (House Journal-page 16)
    5/6/2015  House   Roll call Yeas-100  Nays-0 (House Journal-page 16)
    5/7/2015  House   Read third time and enrolled (House Journal-page 38)
    5/7/2015          Ratified R 24
    5/7/2015          Signed By Governor
   5/13/2015          Effective date 05/07/15
   5/14/2015          Act No. 12

View the latest legislative information at the website

VERSIONS OF THIS BILL

3/19/2015
4/23/2015
4/24/2015
4/29/2015
5/5/2015

(A12, R24, S578)

AN ACT TO AMEND SECTION 48-39-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR A VIOLATION OF THE CHAPTER ON COASTAL TIDELANDS AND WETLANDS, SO AS TO PROVIDE A THREE-YEAR STATUTE OF LIMITATIONS ON ENFORCEMENT VIOLATIONS RELATING TO MINOR DEVELOPMENT ACTIVITIES EXCEPT IN INSTANCES WHERE THE ALLEGED VIOLATOR KNOWINGLY OR INTENTIONALLY WITHHELD INFORMATION RELATING TO THE ALLEGED VIOLATION, TO DESCRIBE ACTS OF CONCEALMENT, AND TO APPLY THIS ACT TO ALL FUTURE ENFORCEMENT ACTIONS AND ENFORCEMENT ACTIONS PENDING AS OF JANUARY 1, 2015.

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

Providing a statute of limitations on enforcement violations

SECTION    1.    Section 48-39-170(C) of the 1976 Code is amended to read:

"(C)    Any person who is determined to be in violation of any provision of this chapter by the department shall be liable for, and may be assessed by the department for, a civil penalty of not less than one hundred dollars nor more than one thousand dollars per day of violation. Whenever the department determines that any person is in violation of any permit, regulation, standard, or requirement under this chapter, the department may issue an order requiring such person to comply with such permit, regulation, standard, or requirement, including an order requiring restoration when deemed environmentally appropriate by the department; in addition, the department may bring a civil enforcement action under this section as well as seeking an appropriate injunctive relief under Section 48-39-160. The department shall be required to assert violations of any provision of this chapter relating to minor development activities within three years of the date of the violation, except if the department's failure to assert the alleged violation resulted from a knowing or intentional attempt to withhold or conceal information relating to the alleged violation by the person against whom the violation is alleged. Failure to make application for, and subsequently receive, the required permit, permit modification, or permit amendment before commencing these activities shall be deemed to be an act of concealment. The provisions of this section apply to all enforcement actions pending as of January 1, 2015, and all future enforcement actions."

Time effective

SECTION    2.    This act takes effect upon approval by the Governor.

Ratified the 7th day of May, 2015.

Approved the 7th day of May, 2015.

This web page was last updated on July 20, 2015 at 3:46 PM