H 3510(Rat #0097)  General Bill, By Vick, M.A. Pitts, Lowe and Bedingfield

Similar(S 424, H 4547)
 AN ACT TO AMEND SECTION 50-9-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO MIGRATORY WATERFOWL STAMPS, SO AS TO PROVIDE THAT FOR THE
 PRIVILEGE OF HUNTING MIGRATORY WATERFOWL, A PERSON MUST PURCHASE A MIGRATORY
 WATERFOWL PERMIT, TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES ALSO
 SHALL PRODUCE AN ANNUAL COMMEMORATIVE MIGRATORY WATERFOWL STAMP, AND TO
 PROVIDE FOR THE COST AND MANNER OF SALE OF THESE PERMITS AND STAMPS; TO AMEND
 SECTION 50-9-535, RELATING TO MIGRATORY GAME BIRD PERMITS, FEES, AND
 INTEGRATION WITH OTHER HUNTING LICENSES, SO AS TO PROVIDE THAT STATE RESIDENTS
 AT LEAST SIXTY-FOUR YEARS OF AGE AND WHO HOLD A LIFETIME HUNTING AND FISHING
 LICENSE ARE NOT REQUIRED TO HAVE A MIGRATORY GAME BIRD PERMIT; TO AMEND
 SECTION 50-11-20, AS AMENDED, RELATING TO THE MIGRATORY WATERFOWL COMMITTEE,
 SO AS TO FURTHER DEFINE THE RESPONSIBILITIES AND DUTIES OF THE MIGRATORY
 WATERFOWL COMMITTEE; AND TO ADD SECTION 50-11-22 SO AS TO MAKE IT UNLAWFUL
 WITHOUT A FEDERAL PERMIT TO HARM, DISTURB, OR TAKE ACTIVELY NESTING WATERFOWL,
 ITS NEST, OR EGGS OR TO DISTURB OR DAMAGE A WATERFOWL NEST BOX, AND PROVIDE
 PENALTIES FOR VIOLATION. - ratified title

   02/13/07  House  Introduced and read first time HJ-38
   02/13/07  House  Referred to Committee on Agriculture, Natural
                     Resources and Environmental Affairs HJ-38
   04/19/07  House  Member(s) request name added as sponsor: M.A.Pitts
   04/24/07  House  Member(s) request name added as sponsor: Lowe
   04/25/07  House  Committee report: Favorable Agriculture, Natural
                     Resources and Environmental Affairs HJ-1
   05/01/07  House  Member(s) request name added as sponsor: Bedingfield
   05/01/07  House  Amended HJ-14
   05/01/07  House  Read second time HJ-18
   05/02/07  House  Read third time and sent to Senate HJ-18
   05/02/07  Senate Introduced and read first time SJ-7
   05/02/07  Senate Referred to Committee on Fish, Game and Forestry SJ-7
   05/23/07  Senate Committee report: Favorable Fish, Game and
                     Forestry SJ-60
   05/24/07  Senate Read second time SJ-37
   05/29/07  Senate Read third time and enrolled SJ-33
   05/31/07         Ratified R 97
   06/06/07         Vetoed by Governor
   06/07/07  House  Veto sustained Yeas-23  Nays-78 HJ-60

NOTE: THIS COPY IS A TEMPORARY VERSION. THIS DOCUMENT WILL REMAIN IN THIS VERSION UNTIL PUBLISHED IN THE ADVANCE SHEETS TO THE ACTS AND JOINT RESOLUTIONS. WHEN THIS DOCUMENT IS PUBLISHED IN THE ADVANCE SHEET, THIS NOTE WILL BE REMOVED.

(R97, H3510)

AN ACT TO AMEND SECTION 50-9-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MIGRATORY WATERFOWL STAMPS, SO AS TO PROVIDE THAT FOR THE PRIVILEGE OF HUNTING MIGRATORY WATERFOWL, A PERSON MUST PURCHASE A MIGRATORY WATERFOWL PERMIT, TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES ALSO SHALL PRODUCE AN ANNUAL COMMEMORATIVE MIGRATORY WATERFOWL STAMP, AND TO PROVIDE FOR THE COST AND MANNER OF SALE OF THESE PERMITS AND STAMPS; TO AMEND SECTION 50-9-535, RELATING TO MIGRATORY GAME BIRD PERMITS, FEES, AND INTEGRATION WITH OTHER HUNTING LICENSES, SO AS TO PROVIDE THAT STATE RESIDENTS AT LEAST SIXTY-FOUR YEARS OF AGE AND WHO HOLD A LIFETIME HUNTING AND FISHING LICENSE ARE NOT REQUIRED TO HAVE A MIGRATORY GAME BIRD PERMIT; TO AMEND SECTION 50-11-20, AS AMENDED, RELATING TO THE MIGRATORY WATERFOWL COMMITTEE, SO AS TO FURTHER DEFINE THE RESPONSIBILITIES AND DUTIES OF THE MIGRATORY WATERFOWL COMMITTEE; AND TO ADD SECTION 50-11-22 SO AS TO MAKE IT UNLAWFUL WITHOUT A FEDERAL PERMIT TO HARM, DISTURB, OR TAKE ACTIVELY NESTING WATERFOWL, ITS NEST, OR EGGS OR TO DISTURB OR DAMAGE A WATERFOWL NEST BOX, AND PROVIDE PENALTIES FOR VIOLATION.

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

Migratory waterfowl permits; commemorative stamps

SECTION    1.    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. For the privilege of hunting or taking migratory waterfowl in this State, a person must purchase a migratory waterfowl permit for ten dollars, of which fifty cents may be retained by the issuing agent. Evidence of purchase must be endorsed on the hunting license. Permits expire June thirtieth of each year.

(2)    The department shall produce an annual commemorative migratory waterfowl stamp. Purchasers of a migratory waterfowl permit must be provided an option to have the department mail one stamp at no additional cost to the permittee. Commemorative stamps are not valid for hunting.

(3)    The department shall produce commemorative stamps as collector's items which must be sold for ten dollars. These proceeds must be retained by the department.

(4)    Revenue derived from the sale of migratory waterfowl permits and commemorative migratory waterfowl stamps 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. Of each migratory waterfowl permit and migratory waterfowl commemorative stamp sold for ten dollars, at least four dollars fifty cents must be used to improve, enhance, and expand the department's public migratory waterfowl hunting programs. None of the funds may be expended for administrative salaries."

Exemption from permit requirements

SECTION    2.    Section 50-9-535 of the 1976 Code, as added by Act 305 of 1998, is amended by adding at the end:

"South Carolina residents who have attained the age of sixty-four and hold a state-wide lifetime hunting and fishing license are not required to have a migratory game bird permit."

Duties and responsibilities revised

SECTION    3.    Section 50-11-20(B) of the 1976 Code, as last amended by Act 145 of 1995, and (C), as last amended by Act 164 of 2005, are further amended to read:

"(B)    There is created the Migratory Waterfowl Committee composed of nine members. A designee, who is not a paid employee of Ducks Unlimited of South Carolina, a designee, who is not a paid employee of the South Carolina Waterfowl Association, and the Chairman of the Board of the Department of Natural Resources, or his designee, shall serve ex officio. Two members are appointed by the Chairman of the Agriculture and Natural Resources Committee of the House of Representatives, two are appointed by the Chairman of the Fish, Game and Forestry Committee of the Senate, and two are appointed by the Governor, all of whom must be cognizant of waterfowl. The members of the committee shall serve for terms of three years and until successors are appointed and qualify. Vacancies are filled for the unexpired term in the manner of the original appointment. The members of the committee shall elect a chairman annually.

(C)    The committee shall manage the selection of the annual commemorative migratory waterfowl stamp design. The department may provide for the production, promotion, and sale of the stamps and any prints or related items. Funds derived from the sale of prints and related items must be expended as follows:

(1)    first, for the administration of the migratory waterfowl stamp and print program;

(2)    the remainder of the funds must be used to benefit waterfowl for South Carolina. The board may fund an appropriate nonprofit organization for the development of waterfowl propagation projects. The projects specifically shall benefit waterfowl in the Atlantic Flyway and shall demonstrate that the expenditure is acceptable to the appropriate government agency having jurisdiction over the area; and

(3)    all balances must be carried forward from year to year so none of the funds revert to the general fund."

Unlawful to harm or disturb; penalties

SECTION    4.    Chapter 11, Title 50 of the 1976 Code is amended by adding:

"Section 50-11-22.    (A)    It is unlawful to harm, disturb, molest, or take an actively nesting waterfowl, its nest, or eggs, including the male, except by permit issued by the federal government or its agent.

(B)    It is unlawful to disturb, damage, or destroy the nest including a nest box of any waterfowl except by permit issued by the federal government or its agent. However, nothing in this section prohibits inspection of nests for biological purposes.

Any person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred nor more than five hundred dollars or imprisoned for up to thirty days. In addition, anyone convicted forfeits all hunting and fishing privileges for one year."

Time effective

SECTION    5.    This act takes effect upon approval by the Governor.

Ratified the 31st day of May, 2007.

__________________________________________

President of the Senate

___________________________________________

Speaker of the House of Representatives

Approved the ____________ day of _____________________2007.

___________________________________________

Governor