H*3879(Rat #0272, Act #0258 of 2006)  General Bill, By M.A. Pitts, Hardwick, 
Witherspoon, E.H. Pitts, Agnew, J. Brown, Hagood, Jefferson, Leach, Littlejohn, 
Sandifer, Sinclair, G.R. Smith, W.D. Smith, Umphlett, Duncan and Toole
 AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 50-11-95 SO AS TO MAKE IT UNLAWFUL TO ENGAGE IN COMPUTER-ASSISTED REMOTE
 HUNTING, TO MAKE IT UNLAWFUL TO ESTABLISH OR OPERATE COMPUTER-ASSISTED REMOTE
 HUNTING FACILITIES, TO DEFINE COMPUTER-ASSISTED REMOTE HUNTING AND
 COMPUTER-ASSISTED REMOTE HUNTING FACILITIES FOR THIS PURPOSE, TO PROVIDE
 EXCEPTIONS, AND TO PROVIDE PENALTIES FOR VIOLATION INCLUDING LOSS OF SOUTH
 CAROLINA HUNTING AND FISHING LICENSES OR PRIVILEGES. - ratified title

   04/06/05  House  Introduced and read first time HJ-43
   04/06/05  House  Referred to Committee on Agriculture, Natural
                     Resources and Environmental Affairs HJ-43
   01/19/06  House  Member(s) request name added as sponsor: Duncan
   01/25/06  House  Member(s) request name added as sponsor: Toole
   02/15/06  House  Committee report: Favorable with amendment
                     Agriculture, Natural Resources and Environmental
                     Affairs HJ-4
   02/16/06  House  Amended HJ-18
   02/16/06  House  Read second time HJ-19
   02/16/06  House  Unanimous consent for third reading on next
                     legislative day HJ-20
   02/17/06  House  Read third time and sent to Senate HJ-1
   02/21/06  Senate Introduced and read first time SJ-17
   02/21/06  Senate Referred to Committee on Fish, Game and Forestry SJ-17
   03/15/06  Senate Committee report: Favorable with amendment Fish,
                     Game and Forestry SJ-18
   03/16/06  Senate Amended SJ-26
   03/16/06  Senate Read second time SJ-26
   03/17/06         Scrivener's error corrected
   03/21/06  Senate Read third time and returned to House with
                     amendments SJ-14
   03/23/06  House  Concurred in Senate amendment and enrolled HJ-38
   04/06/06         Ratified R 272
   04/13/06         Became law without Governor's signature
   04/20/06         Copies available
   04/20/06         Effective date 04/13/06
   04/26/06         Act No. 258

(A258, R272, H3879)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-95 SO AS TO MAKE IT UNLAWFUL TO ENGAGE IN COMPUTER-ASSISTED REMOTE HUNTING, TO MAKE IT UNLAWFUL TO ESTABLISH OR OPERATE COMPUTER-ASSISTED REMOTE HUNTING FACILITIES, TO DEFINE COMPUTER-ASSISTED REMOTE HUNTING AND COMPUTER-ASSISTED REMOTE HUNTING FACILITIES FOR THIS PURPOSE, TO PROVIDE EXCEPTIONS, AND TO PROVIDE PENALTIES FOR VIOLATION INCLUDING LOSS OF SOUTH CAROLINA HUNTING AND FISHING LICENSES OR PRIVILEGES.

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

Computer-assisted remote hunting and remote hunting facilities unlawful

SECTION    1.    Chapter 11, Title 50 of the 1976 Code is amended by adding:

"Section 50-11-95.    (A)    As used in this section:

(1)    'Computer-assisted remote hunting' means the use of a computer or any other device, equipment, or software, to remotely control the aiming and discharge of a firearm at an animal.

(2)    'Computer-assisted remote hunting facilities' means real property and improvements on the property associated with hunting, including hunting blinds, offices, and rooms equipped to facilitate computer-assisted remote hunting.

(B)    No person may engage in computer-assisted remote hunting in this State. This subsection shall apply to any person who is engaged in computer-assisted remote hunting if either the animal hunted, or any device, equipment, or software to remotely control the firearm are located in this State.

(C)    No person shall establish or operate computer-assisted remote hunting facilities in this State.

(D)    A person who violates this section is guilty of a misdemeanor and, upon conviction for a first offense must be fined not less than five thousand dollars or imprisoned for not more than one year, or both, and for a subsequent offense must be fined not less than ten thousand dollars or imprisoned for not more than five years, or both. Upon conviction for a first offense, a person who violates this section must forfeit any South Carolina hunting or fishing license for ten years. If the person does not possess a South Carolina hunting or fishing license, the person is ineligible to obtain a South Carolina hunting or fishing license for ten years. Upon conviction for a second offense, a person who violates this section must permanently forfeit any South Carolina hunting or fishing license and is permanently ineligible to obtain a South Carolina hunting or fishing license.

(E)    This section does not apply to a person who only provides:

(1)    general-purpose equipment, including a computer, camera, fencing, and building materials;

(2)    general-purpose computer software including an operating system and communications programs; or

(3)    general telecommunications hardware or networking services for computers, including adapters, modems, servers, routers, and other facilities associated with Internet access.

(F)    The provisions of this section do not apply to a disabled hunter using medical equipment or devices designed to assist with his disability while engaged in the act of hunting."

Severability

SECTION    2.    If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

Time effective

SECTION    3.    This act takes effect upon approval by the Governor.

Ratified the 6th day of April, 2006.

Became law without the signature of the Governor -- 4/13/06.