South Carolina General Assembly
115th Session, 2003-2004

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S. 601

STATUS INFORMATION

General Bill
Sponsors: Senators Kuhn, McGill and Land
Document Path: l:\council\bills\bbm\9764djc03.doc

Introduced in the Senate on April 15, 2003
Currently residing in the Senate Committee on Fish, Game and Forestry

Summary: Hunting and fishing, licensing, provisions; duck stamps

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
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   4/15/2003  Senate  Introduced and read first time SJ-48
   4/15/2003  Senate  Referred to Committee on Fish, Game and Forestry SJ-48

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

4/15/2003

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND SECTION 50-5-1910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INDIVIDUAL SALTWATER RECREATIONAL FISHING STAMPS AND CHARTER FISHING LICENSES, SO AS TO DELETE PROVISIONS RELATING TO SALTWATER RECREATIONAL FISHING STAMPS AND PROVIDE THAT A PERSON SIXTEEN YEARS OF AGE OR OLDER MAY NOT ENGAGE IN FISHING FOR RECREATION IN SOUTH CAROLINA SALT WATERS WITHOUT CERTAIN LICENSES; TO AMEND SECTION 50-9-510, AS AMENDED, RELATING TO CERTAIN HUNTING AND FISHING LICENSES AUTHORIZED FOR SALE, SO AS TO REVISE THE SECTION SO AS TO COMBINE CERTAIN HUNTING OR FISHING PRIVILEGES IN CERTAIN LICENSES, ESTABLISH A NEW RESIDENT HUNTING, RESIDENT FISHING, COMBINATION HUNTING AND FISHING, AND SPORTSMAN LICENSES, AND REVISE CERTAIN FEES; TO AMEND SECTION 50-9-530, AS AMENDED, RELATING TO MIGRATORY WATERFOWL STAMPS, SO AS TO DELETE THE REQUIREMENT THAT A PERSON PROCURE AND HAVE A DUCK STAMP IN POSSESSION WHEN HUNTING WATERFOWL, PROVIDE THAT A PERSON MUST HAVE A VALID HUNTING LICENSE TO HUNT WATERFOWL, AND PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES MAY CONTINUE TO PRODUCE COMMEMORATIVE DUCK STAMPS AND RETAIN THE REVENUE; TO AMEND SECTION 50-9-540, AS AMENDED, RELATING TO FISHING LICENSES, SO AS TO DELETE CERTAIN PROVISIONS REQUIRING PURCHASE OF AN ANNUAL STATEWIDE LICENSE; AND TO REPEAL SECTION 50-9-550, RELATING TO FRESHWATER PERMITS FOR FISHING IN RESERVOIRS, LAKES, AND STREAMS.

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

SECTION    1.    Section 50-5-1910(A) of the 1976 Code, as last amended by Act 178 of 2002, is further amended to read:

"(A)    Except as otherwise provided, no a person sixteen years of age or older may not engage in fishing for recreation in South Carolina salt waters without:

(1)    a saltwater recreational fisheries temporary or annual resident fishing license; or

(2)    a temporary saltwater recreational fisheries or annual nonresident fishing license.;

(3)    an annual combination or sportsman license; or

(4)    a lifetime statewide fishing license."

SECTION    2.    Section 50-9-510 of the 1976 Code, as last amended by Act 387 of 2000, is further amended to read:

"Section 50-9-510.    The following licenses are authorized for sale and, unless otherwise indicated, are for the privilege of hunting small game only:

(1)    For the privilege of hunting small game, big game, including deer, bear, and turkey, and migratory waterfowl throughout South Carolina, a resident of the State shall purchase an annual statewide resident hunting license for twelve twenty dollars, of which one dollar two dollars may be retained by the issuing agent.

(2)    For the privilege of hunting only in the county in which the applicant is a resident, a resident of the State shall purchase a county hunting license for five dollars, of which one dollar may be retained by the issuing agent. County licenses are only valid when issued to residents of that county fishing throughout South Carolina, including reservoirs, lakes, freshwater streams, and salt waters, a resident of this State shall purchase an annual statewide resident fishing license for twenty dollars, of which two dollars may be retained by the issuing agent.

(3)    For the privilege of hunting and fishing throughout South Carolina, including all of the privilege privileges of the annual statewide resident hunting and fishing licenses big game throughout South Carolina, a resident of the State shall purchase a an annual resident combination fishing and hunting license for twenty thirty-five dollars, of which two dollars may be retained by the issuing agent.

(4)    For the privilege of hunting and fishing throughout South Carolina, including the privileges of hunting big game and hunting on wildlife management area land, a resident of the State shall purchase a an annual resident sportsman license for fifty sixty-five dollars, of which two dollars may be retained by the issuing agent.

(5)    For the privilege of hunting throughout South Carolina, a resident of the State may shall obtain a lifetime statewide license from the department's Columbia headquarters for three hundred dollars.

(6)    For the privilege of hunting throughout South Carolina July first through June thirtieth, a nonresident shall purchase an annual statewide license for one hundred twenty-five dollars, of which two dollars may be retained by the issuing agent.

(7)    For the privilege of hunting throughout South Carolina during the regular hunting season for any ten consecutive days, a nonresident shall purchase a ten-day temporary license for fifty seventy-five dollars, of which two dollars may be retained by the issuing agent.

(8)    For the privilege of hunting throughout South Carolina during the regular hunting season for any three consecutive days, a nonresident may shall purchase a statewide three-day temporary license for twenty-five forty dollars, of which one dollar two dollars may be retained by the issuing agent.

(9)    For the privilege of hunting big game including deer, bear, and turkey throughout South Carolina, a resident shall purchase a big game permit in addition to the required resident hunter's license for six dollars, of which one dollar may be retained by the issuing agent.

(10)    For the privilege of hunting big game including deer, bear, and turkey throughout South Carolina, a nonresident shall purchase a big game permit in addition to the required nonresident hunters hunter's license for eighty-nine dollars, of which two dollars may be retained by the issuing agent.

(11)(10)    For the privilege of hunting on wildlife management area lands throughout South Carolina, a resident shall purchase a wildlife management area permit in addition to the required resident hunter's license for thirty dollars and fifty cents, of which one dollar may be retained by the issuing agent.

(12)(11)    For the privilege of hunting on wildlife management area lands throughout South Carolina, a nonresident shall purchase a wildlife management area permit in addition to the required nonresident hunter's license for seventy-six dollars, of which one dollar may be retained by the issuing agent.

(13)(12)    The department may issue resident wildlife management area permits from the Columbia office for five dollars and fifty cents, each of which are valid only for department-specified events.

(14)(13)    For the privilege of hunting and fishing throughout South Carolina, including the privilege of hunting big game and hunting on wildlife management area lands, a resident who is at least sixteen years of age but who has not reached his eighteenth year may shall purchase a junior sportsman's license for sixteen dollars, of which one dollar may be retained by the issuing agent. This license must be countersigned by the parent or guardian as certification of the age and residence of the individual.

(15)(14)    A resident of South Carolina who has attained the age of sixty-five years may obtain a statewide lifetime hunting and fishing license at no cost from the department. This license includes the privilege of hunting big game, hunting on wildlife management area lands, and state migratory waterfowl and of saltwater fishing.

(16)(15)    A person who has been a domiciled resident of South Carolina for at least one year and who is determined to be totally disabled under a program for Social Security, federal civil service, the South Carolina State Retirement System, the Railroad Retirement Board, the Veterans Administration, or Medicaid assistance may obtain a statewide fishing and hunting license at no cost. This license includes the privilege of hunting big game, hunting on wildlife management area lands, and state migratory waterfowl and of saltwater fishing. It must be issued by the department from its Columbia office only and is valid for three years. Disability recertification is required for renewal, provided that any person with quadriplegia or paraplegia who is certified as totally disabled will not have to obtain a disability recertification. To recertify, applicant must shall furnish proof, in the manner determined by the department, that he or she is currently receiving disability benefits.

(17)(16)    For the privilege of hunting on licensed shooting preserves, a person may shall purchase a statewide shooting preserve license for specified released species only for not more than eight dollars and fifty cents in lieu instead of a hunting license.

(18)(17)    Persons A person certified as disabled before July 1, 1996, and who are is licensed to hunt or fish pursuant to that disability before July 1, 1996, upon recertification as required herein in this section, may continue to exercise privileges of a disability licensee as provided herein in this section at no cost."

SECTION    3.    Section 50-9-530 of the 1976 Code, as last amended by Act 372 of 1996, is further amended to read:

"Section 50-9-530.    For purposes of this chapter:

(1)    'Migratory waterfowl' means members of the family Anatidae, including brants, ducks, geese, and swans. It is unlawful for a person to hunt or take migratory waterfowl within this State without first procuring a state migratory waterfowl stamp. It is unlawful for a person to hunt or take migratory waterfowl without first procuring and having a valid hunting license that includes the privilege of hunting migratory waterfowl stamp in possession while hunting, taking, or transporting migratory waterfowl. A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined not less than fifty nor more than five hundred dollars or imprisoned not more than thirty days.

(2)    Each stamp required under this section must be validated by the signature of the licensee written across the face of the stamp.

(3)    The department shall furnish stamps to its authorized licensed sales agents for sale in the same manner as other type licenses. The fee for each stamp is five dollars and fifty cents. Fifty cents of the stamp cost may be retained by the issuing sales agent, and the balance must be paid to the department. Each stamp expires on the last day of June following issuance.

(4)    The department may produce additional migratory waterfowl stamps as commemorative or collector's items which must be sold at a price of not less than five dollars and fifty cents. These proceeds must be retained by the department.

(5)(3)    Revenue derived from the sale of the stamp may be used only for the cost of printing, promoting, and producing the stamp and for those migratory waterfowl projects specified by the board for the development, protection, and propagation of waterfowl in this State. None of the funds may be expended for administrative salaries."

SECTION    4.    Section 50-9-540 of the 1976 Code, as last amended by Act 372 of 1996, is further amended to read:

"Section 50-9-540.    (A)    For the privilege of fishing throughout South Carolina, a resident of this State shall purchase an annual statewide license for ten dollars, of which one dollar may be retained by the issuing agent.

(B)    In lieu Instead of obtaining a regular, an annual, statewide resident fishing license, a resident may purchase a temporary statewide fishing license valid for fourteen consecutive days for five dollars, of which one dollar may be retained by the issuing agent.

(C)(B)    For the privilege of fishing throughout South Carolina, a resident of this State may obtain a lifetime statewide fishing license from the department at its Columbia office for three hundred dollars.

(D)(C)    For the privilege of fishing throughout South Carolina, a nonresident of this State shall purchase an annual statewide license for thirty-five dollars, of which one dollar may be retained by the issuing agent.

(E)(D)    In lieu Instead of obtaining a regular annual statewide nonresident fishing license, a nonresident may shall purchase a temporary statewide license valid for seven specified consecutive days for eleven dollars, of which one dollar may be retained by the issuing agent."

SECTION    5.    Section 50-9-550 of the 1976 Code is repealed.

SECTION    6.    This act takes effect upon approval by the Governor.

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