Bill 1028

                    Current Status

Bill Number:                    1028
Ratification Number:            501
Act Number:                     443
Type of Legislation:            General Bill GB
Introducing Body:               Senate
Introduced Date:                19960117
Primary Sponsor:                Hayes
All Sponsors:                   Hayes, Short and Peeler 
Drafted Document Number:        pt\2146dw.96
Date Bill Passed both Bodies:   19960530
Date of Last Amendment:         19960523
Governor's Action:              S
Date of Governor's Action:      19960618
Subject:                        Municipal elections

Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

------  19960709  Act No. A443
------  19960618  Signed by Governor
------  19960613  Ratified R501
House   19960530  Concurred in Senate amendment, 
                  enrolled for ratification
Senate  19960523  House amendments amended,
                  returned to House with amendment
House   19960522  Read third time, returned to Senate
                  with amendment
House   19960521  Amended, read second time
House   19960521  Debate adjourned
House   19960515  Committee report: Favorable with         25 HJ
                  amendment
House   19960313  Introduced, read first time,             25 HJ
                  referred to Committee
Senate  19960312  Read third time, sent to House
Senate  19960307  Read second time, notice of
                  general amendments
Senate  19960306  Committee report: Favorable              11 SJ
Senate  19960117  Introduced, read first time,             11 SJ
                  referred to Committee

(A443, R501, S1028)

AN ACT TO AMEND SECTION 5-15-145, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRANSFER OF AUTHORITY TO CONDUCT A MUNICIPAL ELECTION FROM A MUNICIPAL ELECTION COMMISSION TO A COUNTY ELECTION COMMISSION, SO AS TO PROVIDE FOR THE ABOLISHMENT OF A MUNICIPAL ELECTION COMMISSION WHEN THE TOTAL RESPONSIBILITY FOR THE CONDUCT OF A MUNICIPAL ELECTION IS TRANSFERRED TO A COUNTY ELECTION COMMISSION, PROHIBIT A MUNICIPALITY WHICH TRANSFERS A PORTION OF THE RESPONSIBILITIES FOR THE CONDUCT OF A MUNICIPAL ELECTION FROM ABOLISHING THE MUNICIPAL ELECTION COMMISSION; AND TO AMEND SECTION 5-7-140, RELATING TO THE EXTENSION OF POLICE JURISDICTION AND AUTHORITY OF A MUNICIPALITY BORDERING ON THE HIGH-TIDE LINE OF THE ATLANTIC OCEAN OR CERTAIN OTHER BODIES OF WATER TO THE AREA LYING BETWEEN THE HIGH-TIDE LINE AND THE LOW-TIDE LINE, SO AS TO EXTEND THE CORPORATE LIMITS OF THESE MUNICIPALITIES TO INCLUDE ALL THAT AREA LYING BETWEEN THE HIGH-TIDE LINE AND ONE MILE SEAWARD OF THE HIGH-TIDE LINE, AND IF THE MUNICIPALITY BORDERS ON THE HIGH-WATER MARK OF A NAVIGABLE BODY OF WATER OTHER THAN THE ATLANTIC OCEAN, TO EXTEND ITS LIMITS TO INCLUDE ALL THAT AREA LYING BETWEEN THE HIGH-WATER MARK AND THE LOW-WATER MARK, TO MAKE THESE AREAS SUBJECT TO ALL ORDINANCES AND REGULATIONS THAT MAY BE APPLICABLE TO AREAS LYING WITHIN THE CORPORATE LIMITS OF THE MUNICIPALITY, AND TO GIVE MUNICIPAL COURTS JURISDICTION TO PUNISH INDIVIDUALS VIOLATING MUNICIPAL ORDINANCES WHERE THE MISDEMEANORS OCCURRED IN THE AREA DEFINED IN THIS SECTION.

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

Abolition of a municipal election commission

SECTION 1. Section 5-15-145 of the 1976 Code, as added by Act 289 of 1992, is amended by adding:

"(C) When the total responsibility for the conduct of a municipal election is transferred to a county election commission, pursuant to the provisions of this section, the municipal election commission is abolished.

(D) If the municipality, by ordinance transfers a portion of the responsibilities for the conduct of a municipal election to a county election commission, the municipality shall not abolish the municipal election commission."

Corporate limits extended

SECTION 2. Section 5-7-140 of the 1976 Code is amended to read:

"Section 5-7-140. (A) The corporate limits of any municipality bordering on the high-tide line of the Atlantic Ocean are extended to include all that area lying between the high-tide line and one mile seaward of the high-tide line. These areas 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 area defined in this section.

(B) The corporate limits of any municipality bordering on the high-water mark of a navigable body of water, other than the Atlantic Ocean, are extended to include all that area lying between the high-water mark and the low-water mark. These areas are subject to all of 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."

Time effective

SECTION 3. This act takes effect upon approval by the Governor.

Approved the 18th day of June, 1996.