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April 19, 2005
Introduced by Reps. Ceips, Loftis, Breeland, Scott, Whipper, Hosey, Vaughn, Anthony, Battle, Chalk, Clyburn, Dantzler, Hardwick, Harvin, Herbkersman, J. Hines, Howard, Jefferson, Kirsh, Lee, Martin, McCraw, Miller, Moody-Lawrence, J.H. Neal, Perry, M.A. Pitts, Rivers, Scarborough, Simrill, Toole and Umphlett
S. Printed 4/19/05--H.
Read the first time March 15, 2005.
To whom was referred a Bill (H. 3777) to amend the Code of Laws of South Carolina, 1976, by adding Section 16-17-605 so as to define the terms "geocache", "geocaching", and, 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 deleting in its entirety Section 16-17-605(A)(2), as contained in SECTION 1, page 1, beginning on line 27, and inserting:
/ (2) 'Geocaching' means the activity of participants using a global positioning system (GPS) device to locate the geocache or another specific location. /
Amend the bill further, by deleting in its entirety Section 16-17-605(B), as contained in SECTION 1, page 1, beginning on line 36, and inserting:
/ (B) It is unlawful for a person to engage in the activity of geocaching or letterboxing in a cemetery, archeological sites, or on the historic properties of the State, as defined in Section 60-12-10(4), the South Carolina Inventory of Historic Properties, or the African-American National Register sites without the express written consent of the owner or the state agency which oversees these properties or sites. /
Renumber sections to conform.
Amend title to conform.
JAMES H. HARRISON for Committee.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-605 SO AS TO DEFINE THE TERMS "GEOCACHE", "GEOCACHING", AND "LETTERBOXING", TO PROVIDE THAT IT IS UNLAWFUL TO ENGAGE IN GEOCACHING OR LETTERBOXING IN CEMETERIES, ARCHEOLOGICAL SITES, OR ON THE HISTORIC PROPERTIES OF THE STATE, AND TO PROVIDE A PENALTY.
SECTION 1. Article 7, Chapter 17, Title 16 of the 1976 Code is amended by adding:
"Section 16-17-605. (A) For the purposes of this section:
(1) 'Geocache' means the container that serves the purpose of providing a place to store small items or logbooks which are intentionally placed by their owners.
(2) 'Geocaching' means the activity of hiding a geocache container from public view for the challenge of participants using a global positioning system (GPS) device and internet published coordinates to locate the geocache.
(3) 'Letterboxing' means an activity similar to geocaching in which the participant takes directions and uses those directions to find a hidden object. The directions normally are in the form of a riddle, and the hidden object is a stamp that the participant uses to stamp a piece of paper to prove he has visited the site.
(B) It is unlawful for a person to engage in the activity of geocaching or letterboxing in a cemetery, archeological sites, or on the historic properties of the State, as defined in Section 60-12-10(4).
(C) A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned for not more than thirty days.
(D) Notwithstanding the provisions of subsection (C), the judge, in his discretion, may order a person convicted of a violation of this section to perform up to one hundred hours of community service.
(E) The provisions of this section do not preclude a person from being charged with a violation of Section 16-17-600 in addition to a violation of this section."
SECTION 2. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 3. This act takes effect upon approval by the Governor.
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