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COMMITTEE REPORT
May 19, 2004
H. 4132
S. Printed 5/19/04--S.
Read the first time May 8, 2003.
To whom was referred a Bill (H. 4132) to amend Chapter 27, Title 49, Code of Laws of South Carolina, 1976, relating to the Lake Wylie Marine Commission, so as to designate Sections 49-27-10, 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 after the enacting words and inserting:
/ SECTION 1. Sections 49-27-10 through 49-27-90, Chapter 27, Title 49 of the 1976 Code are designated Article 1 of Chapter 27, Title 49 and entitled "Lake Wylie Marine Commission".
SECTION 2. Chapter 27, Title 49 of the 1976 Code is further amended by adding:
Section 49-27-510. For purposes of this chapter:
(1) 'Board' means at least two of the county councils of Fairfield, Kershaw, and Lancaster Counties, South Carolina.
(2) 'Commission' means the Lake Wateree Marine Commission or its governing board.
(3) 'Commissioner' means a member of the governing board of the Lake Wateree Marine Commission.
(4) 'Three counties' means Fairfield, Kershaw, and Lancaster Counties, South Carolina.
(5) 'Joint ordinance' means an ordinance substantially identical in content adopted separately by the board in at least two of the three counties.
(6) 'Lake Wateree' means the impounded body of water in the three counties extending from the Wateree Dam upstream to the Cedar Creek and Rock Creek Dam and is encompassed by approximately two hundred forty-two miles of shoreline and having a surface area of approximately thirteen thousand seven hundred ten acres.
(7) 'Department' means the South Carolina Department of Natural Resources.
Section 49-27-520. At least two of the three counties may by joint ordinance create the Lake Wateree Marine Commission. A county not participating in the commission retains its original territorial jurisdiction. Upon its creation, the commission has the powers, duties, and responsibilities conferred upon it by joint ordinance subject to the laws of the State of South Carolina. The provisions of a joint ordinance may be modified, amended, or rescinded by a later joint ordinance. A county may withdraw unilaterally from participation as required by a joint ordinance or the provisions of this article once the commission is created. A county, by ordinance, may withdraw unilaterally from the commission at the end of a budget period upon ninety days' prior written notice. If commission participation falls below two counties, the commission is dissolved and all property of the commission must be distributed to or divided among the participating counties and other public agency or agencies serving the Lake Wateree area. Distribution must be in a manner considered equitable by the commission and pursuant to a resolution adopted before the dissolution.
Section 49-27-530. Upon its creation, the commission's governing board must consist of two members from each participating county appointed by the governing body of that county, plus one additional member to be appointed from the county first enacting the joint ordinance. Appointment of that additional member must rotate among the participating counties after each term in a sequence corresponding to the order in which the counties enacted the ordinances. Members serve for terms of four years and until their successors are appointed and qualify, except that for the commission's initial appointments, each participating county's governing body must designate one of its appointees to serve a two-year term after which the successor shall serve for a term of four years. Regardless of the date of appointment, terms end on July first of the applicable year. Vacancies must be filled in the manner of the original appointment for the unexpired portion of the term.
Section 49-27-540. The commission is governed by budgetary and accounting procedures as may be specified by the joint ordinance.
Section 49-27-550. Upon creation of the commission, its governing board shall meet at a time and place agreed upon by the councils of the participating counties. The commissioners shall elect a chairman and other officers they consider necessary to carry out the purposes of this article. All officers serve one-year terms. The governing board shall adopt regulations as it considers necessary, not inconsistent with the provisions of this article or of a joint ordinance or the laws of this State, for the proper discharge of its duties and for the governance of the commission. A quorum must be present to conduct business. The chairman may adopt committees authorized by the regulations. The commission shall meet regularly at times and places specified in its regulations or in a joint ordinance, except that meetings of the commission must be held in all participating counties on a rotating basis so that an equal number of meetings are held in each county. Special meetings may be called as specified in the regulations. The provisions of Chapter 4, Title 30 of the 1976 Code apply to all commission meetings.
Section 49-27-560. (A) Within the limits of funds available to it and subject to the provisions of this chapter and of a joint ordinance, the commission may:
(1) hire and fix the compensation of permanent and temporary employees and staff as it considers necessary in carrying out its duties;
(2) contract with consultants for services it requires;
(3) contract with the State of South Carolina, or the federal government, or any agency, department, or subdivision of them for property or services provided to or by these agencies and carry out the provisions of these contracts;
(4) contract with persons, firms, and corporations generally as to all matters over which it has a proper concern and carry out the provisions of contracts;
(5) lease, rent, purchase, or otherwise obtain suitable quarters and office space for its employees and staff, and lease, rent, purchase, or otherwise obtain furniture, fixtures, vessels, vehicles, firearms, uniforms, and other supplies and equipment necessary or desirable for carrying out the duties imposed in or under the authority of this chapter; and
(6) lease, rent, purchase, construct, otherwise obtain, maintain, operate, repair, and replace, either on its own or in cooperation with other public or private agencies or individuals, any of the following: boat docks, navigation aids, waterway markers, public information signs and notices, and other items of real and personal property designed to enhance public safety in Lake Wateree and its shoreline area, or protection of property in the shoreline area subject, however, to the provisions of Title 50 of the 1976 Code or regulations promulgated under that title.
(B) The commission may accept, receive, and disburse in furtherance of its functions funds, grants, services, or property made available by the federal government or its agencies or subdivisions, the State of South Carolina or its agencies or subdivisions, or by private and civic sources.
(C) The governing bodies of the participating counties may appropriate funds to the commission out of surplus funds or funds derived from nontax sources in an amount that each participating considers appropriate.
(D) The commission is subject to audit requirements specified in a joint ordinance.
Section 49-27-570. (A) A copy of the joint ordinance creating the commission and of a joint ordinance amending or repealing the joint ordinance creating the commission must be filed with the director of the department. When the director receives substantially identical ordinances from all of the participating counties in accordance with procedures agreed upon, he shall certify this fact and distribute, within ten days, a certified single ordinance text to the following:
(1) the Secretary of State of South Carolina;
(2) the clerk to the county council of each of the participating counties;
(3) the clerk of court of each of the participating counties; and
(4) a newspaper of general circulation in the participating counties. Upon request, the director also shall send a certified single copy of an applicable joint ordinance to the chairman of the commission.
(B) Unless a joint ordinance specifies a later date, it takes effect when the director's certified text is submitted to the Secretary of State for filing. Certifications of the director under the seal of the commission as to the text or amended text of a joint ordinance and of the date or dates of submission to the Secretary of State is admissible in evidence in any court. Certifications by a clerk of court of the text of a certified ordinance filed with him by the director is admissible in evidence and the director's submission of the ordinance for filing to the clerk is prima facie evidence that the ordinance was also submitted for filing with the Secretary of State on the date of submission. Except for the certificate of a clerk as to receipt and date of submission, evidence may not be admitted in any court concerning the submission of the certified text of an ordinance by the director to a person other than the Secretary of State.
Section 49-27-580. (A) The commission may make recommendations to the participating counties applicable to Lake Wateree and its shoreline area concerning all matters relating to or affecting the use of Lake Wateree. These recommendations may not conflict with or supersede provisions of general or special acts or of regulations of state agencies promulgated pursuant to the authority of general law. A recommendation may be adopted and enacted by the participating counties pursuant to joint ordinance.
(B) The joint ordinance must specify the penalty for violation of an enactment.
(C) An enactment pursuant to this section takes effect upon passage or upon the dates stipulated in the joint ordinance, except that an enactment may not be enforced unless adequate notice of it has been posted in or on Lake Wateree or its shoreline area. Adequate notice as to an enactment affecting only a particular location may be by a sign, uniform waterway marker, posted notice, or other effective method of communicating the essential provisions of the enactment in the immediate vicinity of the location in question. If an enactment applies generally as to Lake Wateree or its shoreline area, or both, notices, signs, or markers communicating the essential provisions must be posted in at least three different places throughout the area, and notice printed in a newspaper of general circulation in the participating counties.
(D) A copy of each ordinance pursuant to this section must be filed by the commission with the following persons:
(1) the Secretary of State of South Carolina;
(2) the clerk of court of each of the participating counties;
(3) the director of the department.
(E) An official designated in subsection (D) may issue a certified copy of an ordinance filed with him under the seal of his office. A certified copy may be received in evidence in any proceeding.
Section 49-27-590. (A) All law enforcement officers, or those officers designated in the joint ordinance, with territorial jurisdiction as to a part of Lake Wateree or its shoreline area have the authority of peace officers in enforcing the laws over all of Lake Wateree and its shoreline area, within the limitations of their subject matter jurisdiction.
(B) If a law enforcement officer of a participating county with jurisdiction over any part of Lake Wateree or its shoreline area is performing duties relating to the enforcement of the laws on Lake Wateree or in its shoreline area, he has extraterritorial jurisdiction in those parts of Lake Wateree located in participating counties as may be necessary to perform his duties. These duties include investigation of crimes an officer reasonably believes have been, or are about to be, committed within the area in question. This includes traversing by reasonable routes from one portion of this area to another although across territory not within the boundaries of Lake Wateree and its shoreline area; conducting prisoners in custody to a court or detention facility as may be authorized by law, although this may involve going outside the area in question; execution of process connected with any criminal offense alleged to have been committed within the boundaries in question, except that this process may not be executed by virtue of this provision beyond the boundaries of the participating counties. This also includes continuing pursuit of and arresting any violator or suspected violator as to which grounds for arrest arose within the area in question.
(C) If a law enforcement officer is given additional territorial jurisdiction pursuant to this section, it is an extension of the duties of the office held and he is not required to take any additional oath or title of office.
(D) A criminal violation must be tried in the county in which it occurred.
(E) This section does not authorize the members of the Lake Wateree Marine Commission to act as law enforcement officers."
SECTION 3. Section 50-3-420 of the 1976 Code, as last amended by Act 275 of 2000, is further amended to read:
"Section 50-3-420. (A) Neither any officer of the Lake Wylie Marine Commission, the Lake Wateree Marine Commission, nor any enforcement officer or deputy enforcement officer of the Department of Natural Resources is subject to criminal prosecution when acting in his official capacity within his territorial jurisdiction for:
(1) failing to comply with statutes or regulations governing the operations of motor vehicles, watercraft, or aircraft;
(2) entering into private property, whether or not posted against trespassing;
(3) failure to comply with wildlife conservation and boating laws of this State as a necessary part of the investigation or enforcement effort in enforcing those laws.
The provisions of this section do not relieve the officers from the duty to exercise due regard for the safety of the public or protect them from the consequences of reckless, wilful, or wanton disregard for the safety of others nor liability for criminal prosecutions except as stated in items (1), (2), and (3).
(B) This section does not authorize the members of the Lake Wateree Marine Commission to act as law enforcement officers."
SECTION 4. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
GREG GREGORY for Committee.
TO AMEND CHAPTER 27, TITLE 49, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LAKE WYLIE MARINE COMMISSION, SO AS TO DESIGNATE SECTIONS 49-27-10 THROUGH 49-27-90 AS ARTICLE 1, AND BY ADDING ARTICLE 3 SO AS TO ESTABLISH THE LAKE WATEREE MARINE COMMISSION AND PROVIDE FOR ITS JURISDICTION, POWERS, DUTIES, AND RESPONSIBILITIES; AND TO AMEND SECTION 50-3-420, AS AMENDED, RELATING TO IMMUNITY FROM PROSECUTION, SO AS TO PROVIDE FOR IMMUNITY FOR AN OFFICER OF THE LAKE WATEREE MARINE COMMISSION FOR CERTAIN ACTIONS WHEN ACTING IN HIS OFFICIAL CAPACITY WITHIN HIS TERRITORIAL JURISDICTION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Sections 49-27-10 through 49-27-90, Chapter 27, Title 49 of the 1976 Code are designated Article 1 of Chapter 27, Title 49 and entitled "Lake Wylie Marine Commission".
SECTION 2. Chapter 27, Title 49 of the 1976 Code is further amended by adding:
Section 49-27-510. For purposes of this chapter:
(1) 'Board' means at least two of the county councils of Fairfield, Kershaw, and Lancaster Counties, South Carolina.
(2) 'Commission' means the Lake Wateree Marine Commission or its governing board.
(3) 'Commissioner' means a member of the governing board of the Lake Wateree Marine Commission.
(4) 'Three counties' means Fairfield, Kershaw, and Lancaster Counties, South Carolina.
(5) 'Joint ordinance' means an ordinance substantially identical in content adopted separately by the board in at least two of the three counties.
(6) 'Lake Wateree' means the impounded body of water in the three counties extending from the Wateree Dam upstream to the Cedar Creek and Rock Creek Dam and is encompassed by approximately two hundred forty-two miles of shoreline and having a surface area of approximately thirteen thousand seven hundred ten acres.
(7) 'Shoreline area' means, except as restricted by a joint ordinance, the area within the participating counties lying within one thousand feet of the mean high-water line on Lake Wateree. In addition, the shoreline area includes all islands within Lake Wateree and all peninsulas extending into the waters of Lake Wateree.
(8) 'Department' means the South Carolina Department of Natural Resources.
Section 49-27-520. At least two of the three counties may by joint ordinance create the Lake Wateree Marine Commission. A county not participating in the commission retains its original territorial jurisdiction. Upon its creation, the commission has the powers, duties, and responsibilities conferred upon it by joint ordinance subject to the laws of the State of South Carolina. The provisions of a joint ordinance may be modified, amended, or rescinded by a later joint ordinance. A county may withdraw unilaterally from participation as required by a joint ordinance or the provisions of this article once the commission is created. A county, by ordinance, may withdraw unilaterally from the commission at the end of a budget period upon ninety days' prior written notice. If commission participation falls below two counties, the commission is dissolved and all property of the commission must be distributed to or divided among the participating counties and other public agency or agencies serving the Lake Wateree area. Distribution must be in a manner considered equitable by the commission and pursuant to a resolution adopted before the dissolution.
Section 49-27-530. Upon its creation, the commission's governing board must consist of two members from each participating county appointed by the governing body of that county, plus one additional member to be appointed from the county first enacting the joint ordinance. Appointment of that additional member must rotate among the participating counties after each term in a sequence corresponding to the order in which the counties enacted the ordinances. Members serve for terms of four years and until their successors are appointed and qualify, except that for the commission's initial appointments, each participating county's governing body must designate one of its appointees to serve a two-year term after which the successor shall serve for a term of four years. Regardless of the date of appointment, terms end on July first of the applicable year. Vacancies must be filled in the manner of the original appointment for the unexpired portion of the term.
Section 49-27-540. The joint ordinance must state the terms relating to compensation to commissioners, if any, compensation of consultants and staff members employed by the commission, and reimbursement of expenses incurred by commissioners, consultants, and employees. The commission is governed by these budgetary and accounting procedures as may be specified by joint ordinance.
Section 49-27-550. Upon creation of the commission, its governing board shall meet at a time and place agreed upon by the councils of the participating counties. The commissioners shall elect a chairman and other officers they consider necessary to carry out the purposes of this article. All officers serve one-year terms. The governing board shall adopt regulations as it considers necessary, not inconsistent with the provisions of this article or of a joint ordinance or the laws of this State, for the proper discharge of its duties and for the governance of the commission. A quorum must be present to conduct business. The chairman may adopt committees authorized by the regulations. The commission shall meet regularly at times and places specified in its regulations or in a joint ordinance, except that meetings of the commission must be held in all participating counties on a rotating basis so that an equal number of meetings are held in each county. Special meetings may be called as specified in the regulations. The provisions of Chapter 4, Title 30 of the 1976 Code apply to all commission meetings.
Section 49-27-560. (A) Within the limits of funds available to it and subject to the provisions of this chapter and of a joint ordinance, the commission may:
(1) hire and fix the compensation of permanent and temporary employees and staff as it considers necessary in carrying out its duties;
(2) contract with consultants for services it requires;
(3) contract with the State of South Carolina, or the federal government, or any agency, department, or subdivision of them for property or services provided to or by these agencies and carry out the provisions of these contracts;
(4) contract with persons, firms, and corporations generally as to all matters over which it has a proper concern and carry out the provisions of contracts;
(5) lease, rent, purchase, or otherwise obtain suitable quarters and office space for its employees and staff, and lease, rent, purchase, or otherwise obtain furniture, fixtures, vessels, vehicles, firearms, uniforms, and other supplies and equipment necessary or desirable for carrying out the duties imposed in or under the authority of this chapter; and
(6) lease, rent, purchase, construct, otherwise obtain, maintain, operate, repair, and replace, either on its own or in cooperation with other public or private agencies or individuals, any of the following: boat docks, navigation aids, waterway markers, public information signs and notices, and other items of real and personal property designed to enhance public safety in Lake Wateree and its shoreline area, or protection of property in the shoreline area subject, however, to the provisions of Title 50 of the 1976 Code or regulations promulgated under that title.
(B) The commission may accept, receive, and disburse in furtherance of its functions funds, grants, services, or property made available by the federal government or its agencies or subdivisions, the State of South Carolina or its agencies or subdivisions, or by private and civic sources.
(C) The governing bodies of the participating counties may appropriate funds to the commission out of surplus funds or funds derived from nontax sources. They may appropriate funds out of tax revenues and also may levy taxes annually for the payment of the appropriation as a special purpose, in addition to these allowed by the South Carolina Constitution, 1895.
(D) The commission is subject to audit requirements specified in a joint ordinance.
(E) In carrying out its duties and, either in addition to or instead of, exercising various provisions of its authority, the commission, with the agreement of the county council of the county concerned, may utilize personnel and property of or assign responsibilities to any officer or employee of any of the three counties.
(F) Unless otherwise specified by joint ordinance, each of the participating counties annually shall contribute an equal financial contribution to the commission in an amount appropriate to support the activities of the commission in carrying out its duties. A contribution in kind, with the agreement of the other participating counties, may be considered a substitute in whole or in part for the financial contribution required of that county in support of the commission.
Section 49-27-570. (A) A copy of the joint ordinance creating the commission and of a joint ordinance amending or repealing the joint ordinance creating the commission must be filed with the director of the department. When the director receives substantially identical ordinances from all of the participating counties in accordance with procedures agreed upon, he shall certify this fact and distribute, within ten days, a certified single ordinance text to the following:
(1) the Secretary of State of South Carolina;
(2) the clerk to the county council of each of the participating counties;
(3) the clerk of court of each of the participating counties; and
(4) a newspaper of general circulation in the participating counties. Upon request, the director also shall send a certified single copy of an applicable joint ordinance to the chairman of the commission.
(B) Unless a joint ordinance specifies a later date, it takes effect when the director's certified text is submitted to the Secretary of State for filing. Certifications of the director under the seal of the commission as to the text or amended text of a joint ordinance and of the date or dates of submission to the Secretary of State is admissible in evidence in any court. Certifications by a clerk of court of the text of a certified ordinance filed with him by the director is admissible in evidence and the director's submission of the ordinance for filing to the clerk is prima facie evidence that the ordinance was also submitted for filing with the Secretary of State on the date of submission. Except for the certificate of a clerk as to receipt and date of submission, evidence may not be admitted in any court concerning the submission of the certified text of an ordinance by the director to a person other than the Secretary of State.
Section 49-27-580. (A)(1) Except as limited in subsection (B) of this section, by restrictions in a joint ordinance, and by other supervening provisions of law, the commission may make regulations applicable to Lake Wateree and its shoreline area concerning all matters relating to or affecting the use of Lake Wateree. These regulations may not conflict with or supersede provisions of general or special acts or of regulations of state agencies promulgated pursuant to the authority of general law. A regulation adopted pursuant to this section may not be adopted by the commission except after public hearing, with publication of notice of the hearing in a newspaper of general circulation in the participating counties at least twenty days before the hearing. Instead of or in addition to passing a regulation supplementary to state law and a regulation concerning the operation of vessels on Lake Wateree, the commission after public notice may request that the department pass local regulations on this subject in accordance with the procedure established by state law.
(2) The validity of a regulation promulgated by the commission is subject to its approval by the county council of each participating county within ninety days of its promulgation. The commission must forward the regulation to the county council within five days of its promulgation to initiate the approval process. Failure of a county council formally to approve or disapprove a regulation within ninety days of its promulgation constitutes approval.
(B) Violation of a regulation of the commission commanding or prohibiting an act is a misdemeanor punishable by a fine of not more than two hundred dollars or imprisonment for not more than thirty days.
(C) A regulation promulgated and approved pursuant to this section takes effect upon passage and approval pursuant to subsection (A) or upon such dates as may be stipulated in the regulations except that a regulation may not be enforced unless adequate notice of the regulation has been posted in or on Lake Wateree or its shoreline area. Adequate notice as to a regulation affecting only a particular location may be by a sign, uniform waterway marker, posted notice, or other effective method of communicating the essential provisions of the regulation in the immediate vicinity of the location in question. If a regulation applies generally as to Lake Wateree or its shoreline area, or both, notices, signs, or markers communicating the essential provisions must be posted in at least three different places throughout the area, and notice printed in a newspaper of general circulation in the participating counties.
(D) A copy of each regulation promulgated pursuant to this section must be filed by the commission with the following persons:
(1) the Secretary of State of South Carolina;
(2) the clerk of court of each of the participating counties;
(3) the director of the department.
(E) An official designated in subsection (D) may issue a certified copy of a regulation filed with him under the seal of his office. A certified copy may be received in evidence in any proceeding.
(F) Publication and filing of a regulation promulgated pursuant to this section is for informational purposes and is not a prerequisite to its validity if it has been duly promulgated, the county council of each participating county has approved it, the public has been notified as to the substance of regulations, a copy of its text is available to a person who may be affected, and a party to a proceeding is not prejudiced by a defect that may exist with respect to publication and filing. A regulation promulgated by the commission pursuant to other sections of this chapter relating to internal governance of the commission need not be filed or published. Where posting of a sign, notice, or marker or the making of other communication is essential to the validity of a regulation duly promulgated, it is presumed in any proceeding that prior notice was given and maintained and the party asserting lack of adequate notice of a regulation has the burden of proving it.
Section 49-27-590. (A) All law enforcement officers, or those officers designated in the joint ordinance, with territorial jurisdiction as to a part of Lake Wateree or its shoreline area have the authority of peace officers in enforcing the laws over all of Lake Wateree and its shoreline area, within the limitations of their subject matter jurisdiction.
(B) The commission may hire special officers to patrol and enforce the laws on Lake Wateree and its shoreline area, if provided by joint ordinance. These special officers may exercise all the powers of peace officers generally within the area in question and shall take the oaths and are subject to all provisions of law relating to law enforcement officers. However, a certificate of training by the South Carolina Criminal Justice Academy will suffice for certification for the purposes of this chapter.
(C) If a law enforcement officer of a participating county with jurisdiction over any part of Lake Wateree or its shoreline area is performing duties relating to the enforcement of the laws on Lake Wateree or in its shoreline area, he has extraterritorial jurisdiction in those parts of Lake Wateree located in participating counties as may be necessary to perform his duties. These duties include investigation of crimes an officer reasonably believes have been, or are about to be, committed within the area in question. This includes traversing by reasonable routes from one portion of this area to another although across territory not within the boundaries of Lake Wateree and its shoreline area; conducting prisoners in custody to a court or detention facility as may be authorized by law, although this may involve going outside the area in question; execution of process connected with any criminal offense alleged to have been committed within the boundaries in question, except that this process may not be executed by virtue of this provision beyond the boundaries of the participating counties. This also includes continuing pursuit of and arresting any violator or suspected violator as to which grounds for arrest arose within the area in question.
(D) If a law enforcement officer is given additional territorial jurisdiction pursuant to this section, it is an extension of the duties of the office held and he is not required to take any additional oath or title of office.
(E) A criminal violation must be tried in the county in which it occurred.
(F) This section does not authorize the members of the Lake Wateree Marine Commission to act as law enforcement officers."
SECTION 3. Section 50-3-420 of the 1976 Code, as last amended by Act 275 of 2000, is further amended to read:
"Section 50-3-420. (A) Neither any officer of the Lake Wylie Marine Commission, the Lake Wateree Marine Commission, nor any enforcement officer or deputy enforcement officer of the Department of Natural Resources is subject to criminal prosecution when acting in his official capacity within his territorial jurisdiction for:
(1) failing to comply with statutes or regulations governing the operations of motor vehicles, watercraft, or aircraft;
(2) entering into private property, whether or not posted against trespassing;
(3) failure to comply with wildlife conservation and boating laws of this State as a necessary part of the investigation or enforcement effort in enforcing those laws.
The provisions of this section do not relieve the officers from the duty to exercise due regard for the safety of the public or protect them from the consequences of reckless, wilful, or wanton disregard for the safety of others nor liability for criminal prosecutions except as stated in items (1), (2), and (3).
(B) This section does not authorize the members of the Lake Wateree Marine Commission to act as law enforcement officers."
SECTION 4. This act takes effect upon approval by the Governor.
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