South Carolina House Bill 4129 (Prior Session Legislation)

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Completed Legislative Action
Spectrum: Slight Partisan Bill (Democrat 5-2)
Status: Passed on July 8 2010 - 100% progression
Action: 2010-07-08 - Act No. 255

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-11-780 SO AS TO PROVIDE IT IS UNLAWFUL FOR A PERSON TO WILFULLY, KNOWINGLY, OR MALICIOUSLY ENTER UPON THE LANDS OF ANOTHER OR THE POSTED LANDS OF THE STATE AND DISTURB OR EXCAVATE A PREHISTORIC OR HISTORIC SITE FOR THE PURPOSE OF DISCOVERING, UNCOVERING, MOVING, REMOVING, OR ATTEMPTING TO REMOVE AN ARCHEOLOGICAL RESOURCE, AND TO PROVIDE EACH SUCH ENTRY AND ACT OF DISTURBANCE OR EXCAVATION CONSTITUTES A SEPARATE AND DISTINCT VIOLATION, TO PROVIDE CERTAIN RELATED DEFINITIONS, TO PROVIDE A COURT MAY CALL UPON THE STATE ARCHEOLOGIST TO PROVIDE CERTAIN EVIDENCE RELATED TO THE VALUE OF AN ARCHAEOLOGICAL RESOURCE, TO PROVIDE MISDEMEANOR PENALTIES AND A FELONY PENALTY FOR VIOLATIONS, TO PROVIDE CERTAIN EQUIPMENT AND CONVEYANCES USED IN CONNECTION WITH A FELONY VIOLATION OF THIS SECTION ARE SUBJECT TO FORFEITURE, AND TO PROVIDE EQUIPMENT AND CONVEYANCES SUBJECT TO THIS FORFEITURE MAY BE FORFEITED BY ANY LAW ENFORCEMENT OFFICER AS PROVIDED IN THIS SECTION, SUBJECT TO CERTAIN REQUIREMENTS, TO PROVIDE A CIVIL CAUSE OF ACTION TO AN AFFECTED LANDOWNER FOR A VIOLATION, AND TO PROVIDE EXCEPTIONS; TO AMEND SECTION 16-17-600, AS AMENDED, RELATING TO THE DESTRUCTION OR DESECRATION OF HUMAN REMAINS OR REPOSITORIES OF HUMAN REMAINS, SO AS TO APPLY THE SECTION TO NATIVE AMERICAN BURIAL GROUNDS OR BURIAL MOUNDS, AND TO PROVIDE A PERSON WHO OWNS OR HAS AN INTEREST IN CARING FOR THE PROPERTY, IN THE CASE OF PRIVATE LANDS, OR THE STATE, IN THE CASE OF STATE LANDS, MAY BRING A CIVIL CAUSE OF ACTION FOR A VIOLATION OF THIS SECTION TO RECOVERY DAMAGES, THE COST OF RESTORATION AND REPAIR OF THE PROPERTY, ATTORNEY'S FEES, AND COURT COSTS. - ratified title

Apply The Section To Native American Burial Grounds Or Burial Mounds, And To Provide A Person Who Owns Or Has An Interest In Caring For The Property, In The Case Of Private Lands, Or The State, In The Case Of State Lands, May Bring A Civil Cause Of Action For A Violation Of This Section To Recovery Damages, The Cost Of Restoration And Repair Of The Property, Attorney's Fees, And Court Costs. - Ratified Title

Rep. Robert Brown [D]	Rep. Alan Clemmons [R]	Rep. Laurie Funderburk [D]	Rep. Kenneth Hodges [D]
Rep. David Umphlett [R]	Rep. David Weeks [D]	Rep. Jackson Whipper [D]

Date	Chamber	Action
2010-07-08		Act No. 255
2010-07-01		Effective date 06/11/10
2010-06-11		Signed By Governor
2010-06-07		Ratified R 321
2010-06-02		Concurred in Senate amendment and enrolled HJ-79
2010-06-02		Debate adjourned on amendments HJ-64
2010-06-01		Scrivener's error corrected
2010-05-28		Read third time and returned to House with amendments SJ-1
2010-05-27		Unanimous consent for third reading on next legislative day SJ-30
2010-05-27		Read second time SJ-30
2010-05-27		Amended SJ-30
2010-05-27		Committee Amendment Adopted SJ-30
2010-05-26		Committee report: Favorable with amendment Judiciary SJ-16
2010-03-05		Referred to Subcommittee: Knotts (ch), Campbell, Nicholson
2010-03-02		Referred to Committee on Judiciary SJ-17
2010-03-02		Introduced and read first time SJ-17
2010-02-26		Scrivener's error corrected
2010-02-26		Read third time and sent to Senate HJ-3
2010-02-25		Unanimous consent for third reading on next legislative day HJ-74
2010-02-25		Read second time HJ-74
2010-02-25		Amended HJ-71
2010-02-25		Debate adjourned HJ-49
2010-02-25		Debate interrupted HJ-25
2010-02-24		Member(s) request name added as sponsor: Whipper, R.L.Brown, Weeks
2010-02-17		Member(s) request name added as sponsor: Clemmons
2010-02-04		Committee report: Favorable Agriculture, Natural Resources and Environmental Affairs HJ-12
2010-02-04		Member(s) request name added as sponsor: Hodges
2010-01-27		Member(s) request name added as sponsor: Umphlett
2009-06-16		Referred to Committee on Agriculture, Natural Resources and Environmental Affairs HJ-71
2009-06-16		Introduced and read first time HJ-71

Chapter	Article	Section	Citation Type	Statute Text
16	11	780	(n/a)	See Bill Text
16	17	600	(n/a)	See Bill Text

Type	Source
Summary	https://www.scstatehouse.gov/cgi-bin/web_bh10.exe?bill1=4129&session=118