Indicates Matter Stricken

Indicates New Matter

 

Committee Report

March 20, 2024

 

H. 3748

 

Introduced by Reps. Caskey, Wooten, Wetmore, Hartnett, Erickson, W. Newton, Pope, Robbins, Mitchell and Yow

 

S. Printed 03/20/24--H.

Read the first time January 19, 2023

 

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The committee on House judiciary

To whom was referred a Bill (H. 3748) to amend the South Carolina Code of Laws by amending Section 16-11-680, relating to the unlawful alteration or removal of boundary landmarks, so as to clarify that, etc., respectfully

Report:

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, SECTION 1, by striking Section 16-11-680(B) and inserting:

    (B)(1) If anyIt is unlawful for a person shall to knowingly, wilfully, maliciously or fraudulently move cut, fell, alter, destroy, or remove any certain boundary tree or other allowed landmarkgeodetic control monuments or land surveying monuments including, but not limited to, property corner monuments,. Proof of notification to the property owner that a geodetic control device or property corner monument was unintentionally removed, altered, destroyed, or otherwise tampered with is prima facie evidence of non-criminal intent of the acting party. A such person so offending shall be who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, shall be fined not exceedingless than one hundred dollars nor more than five hundred dollars, or imprisoned not exceedingmore than thirty days.

       (2) The provisions of this subsection do not apply to the authorized removal, alteration, destruction, or movement of geodetic control devices or property corner monuments.

 

    Renumber sections to conform.

    Amend title to conform.

 

W. NEWTON for Committee.

 

statement of estimated fiscal impact

Explanation of Fiscal Impact

State Expenditure

This bill creates a misdemeanor offense for intentionally removing or destroying land surveying monuments which are established by federal, state, local, and private agencies and establishes a penalty schedule that includes fines or imprisonment.  This offense is punishable by a fine of not more than $500 or imprisonment for not more than thirty days.

 

Judicial reports that implementation of the bill may result in an increase in magistrate and municipal court caseloads, which can be managed using existing staff and appropriations. Therefore, the bill will result in no expenditure impact for Judicial.

 

State Revenue

This bill may result in an increase in the fines and fees collected in court.  Court fines and fees are distributed to the General Fund, Other Funds, and local funds.  Therefore, RFA anticipates this bill may result in an undetermined increase to General Fund and Other Funds revenue due to the increase in fines and fees collections in court.

 

Local Expenditure

RFA anticipates that this bill may result in an increase in local expenditures due to a potential increase in the local jail population resulting from the newly created misdemeanor.  However, as the number of such offenses that might occur in a given year is unknown, the potential increase in the local jail population and local expenditure is undetermined.

 

 

Frank A. Rainwater, Executive Director

Revenue and Fiscal Affairs Office

 

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A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 16-11-680, RELATING TO THE UNLAWFUL ALTERATION OR REMOVAL OF BOUNDARY LANDMARKS, SO AS TO CLARIFY THAT THE SECTION PROHIBITS MOVING, ALTERING, DESTROYING, OR REMOVING geodetic control monuments or CERTAIN LAND SURVEYING MONUMENTS, TO UPDATE THE PENALTIES FOR VIOLATIONS OF THIS SECTION, AND TO DEFINE NECESSARY TERMS.

 

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

 

SECTION 1.  Section 16-11-680 of the S.C. Code is amended to read:

 

    Section 16-11-680. (A) As used in this section:

       (1) "Geodetic control monuments" means those land surveying monuments which are established by federal, state, local, and private agencies, the position of which monuments on the earth's surface has been fixed by high-order surveying and computation for use by the land surveyors. Such monuments may be in the form of, but are not limited to, metal, disks set in concrete, rock, or some other fixed permanent object, the horizontal and vertical positions of which have been published by the agency which established the monument and made available to the public as well as to land surveyors and engineers for public use.

       (2) "Property corner monuments" means those land surveying monuments which are established by a licensed professional land surveyor to identify property corners or property lines, the location and description of which are made a part of any recorded or unrecorded plat or any instrument pertaining to real property filed in the register of deeds office or other public office of any county of this State. These surveying monuments may be any permanent or semipermanent object or any live or dead tree material including, but not limited to:

           (a) iron or steel pipes, rebars, spikes, nails, scribed marks in concrete, or metal rods;

           (b) concrete markers, including highway right of way markers;

           (c) stone or rock, whether natural or erected;

           (d) trees, stumps, stakes, and marks, including those marks made on trees, concrete, or metal;

           (e) and such other monuments as may be described in plats and instruments of record.

    (B) If anyIt is unlawful for a person shall to knowingly, wilfully, maliciously or fraudulently move cut, fell, alter, destroy, or remove any certain boundary tree or other allowed landmarkgeodetic control monuments or land surveying monuments including, but not limited to, property corner monuments,. A such person so offending shall be who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, shall be fined not exceedingless than one hundred dollars nor more than five hundred dollars, or imprisoned not exceedingmore than thirty days.

 

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

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