H*3051 Session 108 (1989-1990)
H*3051(Rat #0158, Act #0101 of 1989) General Bill, By Kirsh
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Article 7
to Chapter 3 of Title 50 so as to create the South Carolina Wildlife Endowment
Fund to be funded from the gifts, grants, and contributions, the proceeds of
combination and lifetime hunting and fishing licenses, to provide for
restrictions and limitations on expenditures from the fund, and provide for
increases in lifetime and annual fishing and hunting licenses; to amend the
1976 Code by adding Sections 50-9-11 and 50-9-455 so as to authorize a
resident of this State to obtain a lifetime combination license granting him
the same privileges as in Section 50-9-10 (combination fishing and hunting
license), provide a fee schedule for the types of licenses authorized, and
authorize a lifetime fishing license and provide a fee for the license; to
amend Section 50-9-30, relating to the proof of residency required for
issuance of a hunting or fishing license, so as to define "resident"; and to
amend Section 50-9-120, relating to fees for residents' statewide or county
hunting licenses, so as to provide a fee for the issuance of a resident
lifetime statewide license.-amended title
12/21/88 House Prefiled
12/21/88 House Referred to Committee on Agriculture and Natural
Resources
01/10/89 House Introduced and read first time HJ-37
01/10/89 House Referred to Committee on Agriculture and Natural
Resources HJ-37
02/16/89 House Committee report: Favorable with amendment
Agriculture and Natural Resources HJ-7
02/21/89 House Debate interrupted HJ-28
02/22/89 House Debate adjourned HJ-23
02/22/89 House Debate adjourned until Thursday, February 23,
1989 HJ-31
02/23/89 House Amended HJ-17
02/23/89 House Read second time HJ-17
02/28/89 House Read third time and sent to Senate HJ-15
03/01/89 Senate Introduced and read first time SJ-10
03/01/89 Senate Referred to Committee on Fish, Game and Forestry SJ-10
03/09/89 Senate Committee report: Favorable Fish, Game and
Forestry SJ-9
03/30/89 Senate Read second time SJ-23
04/19/89 Senate Amended SJ-23
04/27/89 Senate Amended SJ-24
04/27/89 Senate Read third time and returned to House with
amendments SJ-25
05/10/89 House Senate amendment amended HJ-68
05/10/89 House Returned to Senate with amendments HJ-68
05/11/89 Senate Concurred in House amendment and enrolled SJ-15
05/16/89 Ratified R 158
05/22/89 Signed By Governor
05/22/89 Effective date 07/01/90
05/22/89 Act No. 101
06/07/89 Copies available
(A101, R158, H3051)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7
TO CHAPTER 3 OF TITLE 50 SO AS TO CREATE THE SOUTH CAROLINA WILDLIFE ENDOWMENT
FUND TO BE FUNDED FROM GIFTS, GRANTS, AND CONTRIBUTIONS, THE PROCEEDS OF
COMBINATION AND LIFETIME HUNTING AND FISHING LICENSES, TO PROVIDE FOR
RESTRICTIONS AND LIMITATIONS ON EXPENDITURES FROM THE FUND, AND PROVIDE FOR
INCREASES IN LIFETIME AND ANNUAL FISHING AND HUNTING LICENSES; TO AMEND THE 1976
CODE BY ADDING SECTIONS 50-9-11 AND 50-9-455 SO AS TO AUTHORIZE A RESIDENT OF
THIS STATE TO OBTAIN A LIFETIME COMBINATION LICENSE GRANTING HIM THE SAME
PRIVILEGES AS IN SECTION 50-9-10 (COMBINATION FISHING AND HUNTING LICENSE),
PROVIDE A FEE SCHEDULE FOR THE TYPES OF LICENSES AUTHORIZED, AND AUTHORIZE A
LIFETIME FISHING LICENSE AND PROVIDE A FEE FOR THE LICENSE; TO AMEND SECTION
50-9-30, RELATING TO THE PROOF OF RESIDENCY REQUIRED FOR ISSUANCE OF A HUNTING
OR FISHING LICENSE, SO AS TO DEFINE "RESIDENT"; AND TO AMEND SECTION
50-9-120, RELATING TO FEES FOR RESIDENTS' STATEWIDE OR COUNTY HUNTING LICENSES,
SO AS TO PROVIDE A FEE FOR THE ISSUANCE OF A RESIDENT LIFETIME STATEWIDE LICENSE.
Be it enacted by the General Assembly of the State of South Carolina:
Wildlife endowment fund
SECTION 1. Chapter 3, Title 50 of the 1976 Code is amended by adding:
"Article 7
Wildlife Endowment Fund
Section 50-3-710. There is created the South Carolina Wildlife Endowment Fund,
the income and principal of which must be used only for the purpose of supporting
wildlife conservation programs of the State.
Section 50-3-720. There is created the Board of Trustees of the Wildlife
Endowment Fund of the Wildlife and Marine Resources Commission, with full
authority over the administration of the fund, whose chairman and members are the
chairman and members of the Wildlife and Marine Resources Commission. The State
Treasurer is the custodian of the fund and shall invest its assets in accordance
with the provisions of Title 11.
Section 50-3-730. The assets of the fund are derived from:
(1) the proceeds of any gifts, grants, and contributions to the State which
are designated specifically for inclusion;
(2) the proceeds from the sale of lifetime combination licenses issued in
accordance with Section 50-9-11;
(3) the proceeds from the sale of lifetime hunting and lifetime fishing
licenses in accordance with Sections 50-9-120(3) and 50-9-455;
(4) any amount in excess of the statutory fee for a particular lifetime
license which qualifies as a tax-exempt donation to the State;
(5) other sources specified by law.
Section 50-3-740. The fund constitutes a special trust derived from a
contractual relationship between the State and the members of the public whose
investments contribute to the fund. In recognition of the special trust, the
following limitations and restrictions are placed on expenditures from the fund:
(1) Any limitations or restrictions specified by the donors on the uses of the
income derived from the gifts, grants, and voluntary contributions are respected
but are not binding.
(2) No expenditure or disbursement may be made from the principal of the fund
except as otherwise provided by law.
(3) The income received and accruing from the investments of the fund must be
spent only in furthering the conservation of wildlife resources and the efficient
operation of the South Carolina Wildlife and Marine Resources Commission in
accomplishing the purposes of the agency as set forth in this title.
Section 50-3-750. The board may accumulate the investment income of the fund
and may direct expenditures from the income of the fund for the purposes set out
in Section 50-3-740(3).
Section 50-3-760. Expenditure of the income derived from the fund must be made
through the board in accordance with the provisions of the general appropriations
act. The fund is subject to the oversight of the State Auditor.
Section 50-3-770. The fund and income does not take the place of state
appropriations or agency receipts placed in the fund but any portion of the
income of the fund available for the purpose set out in Section 50-3-740(3) must
be used to supplement other income of and appropriations to the Wildlife and
Marine Resources Department.
Section 50-3-780. If the Wildlife and Marine Resources Commission is
dissolved, the succeeding agency shall assume the trusteeship of the fund and is
bound by all the limitations and restrictions placed by this article on
expenditures from the fund. No repeal or modification of this article or title
alters the fundamental purposes to which the fund is applied. No future
dissolution of the Wildlife and Marine Resources Commission or substitute agency
invalidates any lifetime license issued in accordance with Chapter 9 of this
title.
Section 50-3-790. In the event the annual combination as provided in Section
50-9-10, annual hunt as provided in Section 50-9-120(1), or annual fish license
as provided in Section 50-9-450 fee increases, the percentage of increase for
each annual license shall be applied to the existing lifetime license fees and
each lifetime license fee shall be increased accordingly, rounding the fee to the
next highest dollar.
Section 50-3-800. A lifetime licensee shall not lose the privileges of such
license by a subsequent transfer of residency."
Lifetime combination license
SECTION 2. The 1976 Code is amended by adding:
"Section 50-9-11. A resident of this State may obtain from the Columbia
headquarters a lifetime combination license which grants him the same privileges
as a statewide license as provided by Section 50-9-10 of the 1976 Code.
The license and fees are:
(1) Type A - available only to an individual under two years of age - three
hundred dollars;
(2) Type B - available only to an individual under sixteen years of age - four
hundred dollars;
(3) Type C - available only to an individual sixteen years of age or older -
five hundred dollars;
(4) Type D - available only to an individual sixty-four years of age or older
- nine dollars."
Fee -- lifetime statewide license
SECTION 3. Section 50-9-120 of the 1976 Code is amended by adding at the end:
"(3) For the privilege of hunting throughout the State by a resident of
the State a lifetime statewide license may be issued from the Columbia
headquarters for a fee of three hundred dollars."
Fee -- lifetime statewide fishing license
SECTION 4. The 1976 Code is amended by adding:
"Section 50-9-455. A resident of this State may obtain from the Columbia
headquarters a lifetime fishing license granting him the same privileges as
provided in Section 50-9-450 for a fee of three hundred dollars."
Proof of residency
SECTION 5. Amend the 1976 Code as and if amended by striking Section 50-9-30
in its entirety and inserting:
"Section 50-9-30. No person shall be issued a hunting or fishing license
as a State resident unless he shall furnish proof to the issuing agent that he
is a resident of this State. Such proof shall be either the holding of a valid
State driver's license or such other form of identification that the department
may require which would furnish reasonable proof of such residency.
'Resident' means any person who is a citizen of the United States and who has
been a domiciled resident of the State of South Carolina for a period of thirty
consecutive days or more immediately prior to the date of his application for
license or permit. Any person holding a state resident hunting or fishing
license who cannot furnish proof of residency shall be deemed guilty of a
misdemeanor and, upon conviction, shall be fined not less than fifty dollars nor
more than one hundred dollars or be imprisoned for not less than ten days nor
more than thirty days."
Time effective
SECTION 6. This act takes effect July 1, 1990. |