H 4943 Session 119 (2011-2012) H 4943 General Bill, By Lowe, Crawford, Erickson, Patrick, Brannon, Ott, Bowers, G.A. Brown, Clemmons, Cole, Frye, Merrill, Pitts, Spires, Tallon, White, Knight and G.M. Smith A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-715 SO AS TO PROVIDE FOR THE HUNTING OF COYOTES, ARMADILLOS, AND FERAL HOGS ON PRIVATE PROPERTY DURING NIGHTTIME HOURS. 03/01/12 House Introduced and read first time (House Journal-page 75) 03/01/12 House Referred to Committee on Agriculture, Natural Resources and Environmental Affairs (House Journal-page 75) 03/22/12 House Member(s) request name added as sponsor: Knight, G.M.Smith 03/28/12 House Committee report: Favorable with amendment Agriculture, Natural Resources and Environmental Affairs (House Journal-page 42) 04/19/12 House Amended (House Journal-page 82) 04/19/12 House Debate adjourned until Tues., 04-24-12 (House Journal-page 82) 04/24/12 House Read second time (House Journal-page 28) 04/24/12 House Roll call Yeas-97 Nays-1 (House Journal-page 29) 04/25/12 Scrivener's error corrected 04/25/12 House Read third time and sent to Senate (House Journal-page 12) 04/25/12 Senate Introduced and read first time (Senate Journal-page 9) 04/25/12 Senate Referred to Committee on Fish, Game and Forestry (Senate Journal-page 9) 06/05/12 Senate Committee report: Favorable with amendment Fish, Game and Forestry (Senate Journal-page 21) 06/06/12 Scrivener's error corrected 06/06/12 Senate Committee Amendment Amended and Adopted (Senate Journal-page 21) 06/06/12 Senate Read second time (Senate Journal-page 21) 06/06/12 Senate Roll call Ayes-41 Nays-0 (Senate Journal-page 21) 06/07/12 Scrivener's error corrected VERSIONS OF THIS BILL
3/1/2012 3/28/2012 4/19/2012 4/24/2012 4/25/2012 6/5/2012 6/6/2012 6/6/2012-A 6/7/2012
Indicates New Matter COMMITTEE AMENDMENT AMENDED AND ADOPTED June 6, 2012 Introduced by Reps. Lowe, Crawford, Erickson, Patrick, Brannon, Ott, Bowers, G.A. Brown, Clemmons, Cole, Frye, Merrill, Pitts, Spires, Tallon, White, Knight and G.M. Smith S. Printed 6/6/12--S. [SEC 6/7/12 4:38 PM] Read the first time April 25, 2012.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-715 SO AS TO PROVIDE FOR THE HUNTING OF COYOTES, ARMADILLOS, AND FERAL HOGS ON PRIVATE PROPERTY DURING NIGHTTIME HOURS. Amend Title To Conform Be it enacted by the General Assembly of the State of South Carolina: SECTION 1. Section 50-11-710 of the 1976 Code is amended to read: "Section 50-11-710. (A) Night hunting in this State is unlawful except that:
(1) raccoons, opossums, foxes
(2) Feral hogs may be hunted at night (a) during any time of the year with a bow and arrow other than a crossbow, or pistol having iron sights, a barrel length not exceeding nine inches, and which is not equipped with a butt-stock, scope, or laser sight; (b) from the last day of February to the first day of July of that same year with any legal firearm, bow and arrow, or crossbow when notice is given to the department pursuant to subsection (D). When hunting at night with a center fire rifle pursuant to this item, a hunter must be at an elevated position at least ten feet from the ground; and (c) at any time of the year under authority of and pursuant to the conditions contained in a depredation permit issued by the department pursuant to Section 50-11-2570.
(3) (a) during any time of the year with a bow and arrow other than a crossbow, a rimfire rifle, a shotgun with shot size no larger than a BB, or a pistol of any caliber having iron sights, a barrel length not exceeding nine inches, and which is not equipped with a butt-stock, scope, or laser sight; (b) from the last day of February to the first day of July of that same year with any legal firearm, bow and arrow, or crossbow when notice is given to the department pursuant to subsection (D). When hunting at night with a center fire rifle pursuant to this item, a hunter must be at an elevated position at least ten feet from the ground; and (c) at any time of the year under authority of and pursuant to the conditions contained in a depredation permit issued by the department pursuant to Section 50-11-2570. (B) The provisions contained in items (2)(b) and (3)(b) do not apply to a person who has violated any provision contained in Article 4, Chapter 11, Title 50, except Section 50-11-708 and Section 50-11-750, during the previous five years.
(D) For the purposes of this section, 'notice to the department' means that the landowner upon which the animals will be taken has either called the department at least forty-eight hours prior to hunting or registered the property as otherwise prescribed by the department. The notice must include the name of each person participating in the hunt, the hunting license number of each person participating in the hunt, and the location of the hunt. Property must only be registered one time during each season, or annually for year-round hunts.
(2) In addition to any other penalty, any person convicted for a second or subsequent offense under this section within three years of the date of conviction for a first offense shall have his privilege to hunt in this State suspended for a period of two years. No hunting license may be issued to an individual while his privilege is suspended, and any license mistakenly issued is invalid. The penalty for hunting in this State during the period of suspension, upon conviction, must be imprisonment for not more than one year nor less than ninety days.
SECTION 2. The first three paragraphs of Section 50-11-740 of the 1976 Code are amended to read: "Section 50-11-740. Every vehicle, boat, trailer, other means of conveyance, animal, and firearm used in the hunting of deer or bear at night, or used in connection with a violation of Section 50-11-710, is forfeited to the State and must be confiscated by any peace officer who shall forthwith deliver it to the department.
'Hunting' as used in this section in reference to a vehicle,
For purposes of this section, a conviction for unlawfully hunting deer, SECTION 3. Section 50-16-70 of the 1976 Code is amended to read: "Section 50-16-70. (A) A person violating the provisions of this chapter, or any condition of a permit issued pursuant to this chapter, is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than six months, or both. The department must suspend the hunting privileges of a person convicted of violating this chapter for one year from the date of the conviction. (B) In addition to any other penalties provided by law, a person convicted of a violation of subsection (A) is also subject to the confiscation, forefeiture, and sale provisions contained in Section 50-11-740 for any property, vehicle, trailer, or other means of conveyance utilized to import, possess, or transport the animal. (C) For the purposes of this section, each animal imported in violation of subsection (A) constitutes a separate offense. (D) Notwithstanding Chapter 3, Title 22, magistrates court shall have jurisdiction over actions arising under this section. " SECTION 4. This act takes effect upon approval by the Governor.
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