S*1027(Rat #0306, Act #0239 of 2010)  General Bill, By McGill
 AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 50-11-770 SO AS TO ENACT THE "RENEGADE HUNTER ACT", TO PROVIDE IT IS UNLAWFUL
 FOR A PERSON TO HUNT FROM A ROAD, RIGHT OF WAY, PROPERTY LINE, BOUNDARY, OR
 PROPERTY UPON WHICH HE DOES NOT HAVE HUNTING RIGHTS WITH THE AID OR USE OF A
 DOG WHEN THE DOG HAS ENTERED UPON THE LAND OF ANOTHER WITHOUT WRITTEN
 PERMISSION OR OVER WHICH THE PERSON DOES NOT HAVE HUNTING RIGHTS, TO PROVIDE
 THE PROVISIONS OF THIS SECTION APPLY WHETHER THE PERSON IN CONTROL OF THE DOG
 INTENTIONALLY OR UNINTENTIONALLY RELEASES, ALLOWS, OR OTHERWISE CAUSES THE DOG
 TO ENTER UPON THE LAND OF ANOTHER WITHOUT PERMISSION OF THE LANDOWNER, TO
 PROVIDE CERTAIN DEFINITIONS, TO PROVIDE EXCEPTIONS, AND TO PROVIDE PENALTIES.
 - ratified title

   01/12/10  Senate Introduced and read first time SJ-60
   01/12/10  Senate Referred to Committee on Fish, Game and Forestry SJ-60
   01/13/10  Senate Committee report: Favorable with amendment Fish,
                     Game and Forestry SJ-14
   01/13/10  Senate Read second time SJ-14
   01/14/10  Senate Committee Amendment Adopted SJ-10
   01/14/10  Senate Read third time and sent to House SJ-10
   01/14/10         Scrivener's error corrected
   01/15/10         Scrivener's error corrected
   01/19/10  House  Introduced and read first time HJ-4
   01/19/10  House  Referred to Committee on Agriculture, Natural
                     Resources and Environmental Affairs HJ-4
   03/09/10  House  Committee report: Favorable with amendment
                     Agriculture, Natural Resources and Environmental
                     Affairs HJ-3
   03/10/10  House  Debate adjourned until Tuesday, April 13, 2010 HJ-22
   04/13/10  House  Requests for debate-Rep(s). Hiott, Umphlett,
                     Parker, Allison, Forrester, Kelly, Rice, Loftis,
                     Littlejohn, Cole, Skelton, R. Brown, Gilliard,
                     Duncan, Toole, Frye, Spires,  and Hart HJ-46
   04/27/10  House  Debate adjourned until Tuesday, May 4, 2010 HJ-83
   05/12/10  House  Recommitted to Committee on Agriculture, Natural
                     Resources and Environmental Affairs HJ-39
   05/19/10  House  Committee report: Favorable with amendment
                     Agriculture, Natural Resources and Environmental
                     Affairs HJ-1
   05/25/10  House  Amended HJ-159
   05/25/10  House  Read second time HJ-159
   05/25/10  House  Roll call Yeas-75  Nays-21 HJ-159
   05/26/10  House  Read third time and returned to Senate with
                     amendments HJ-63
   05/27/10  Senate Non-concurrence in House amendment SJ-81
   06/01/10  House  House insists upon amendment and conference
                     committee appointed Reps. Hiott, Umphlett, and
                     Knight HJ-6
   06/01/10  Senate Conference committee appointed McGill, Cromer,
                     and Campbell SJ-91
   06/02/10  Senate Conference report received and adopted SJ-170
   06/02/10  House  Conference report received and adopted HJ-73
   06/03/10  Senate Ordered enrolled for ratification SJ-44
   06/07/10         Ratified R 306
   06/11/10         Signed By Governor
   06/28/10         Effective date 06/11/10
   07/06/10         Act No. 239

(A239, R306, S1027)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-770 SO AS TO ENACT THE "RENEGADE HUNTER ACT", TO PROVIDE IT IS UNLAWFUL FOR A PERSON TO HUNT FROM A ROAD, RIGHT OF WAY, PROPERTY LINE, BOUNDARY, OR PROPERTY UPON WHICH HE DOES NOT HAVE HUNTING RIGHTS WITH THE AID OR USE OF A DOG WHEN THE DOG HAS ENTERED UPON THE LAND OF ANOTHER WITHOUT WRITTEN PERMISSION OR OVER WHICH THE PERSON DOES NOT HAVE HUNTING RIGHTS, TO PROVIDE THE PROVISIONS OF THIS SECTION APPLY WHETHER THE PERSON IN CONTROL OF THE DOG INTENTIONALLY OR UNINTENTIONALLY RELEASES, ALLOWS, OR OTHERWISE CAUSES THE DOG TO ENTER UPON THE LAND OF ANOTHER WITHOUT PERMISSION OF THE LANDOWNER, TO PROVIDE CERTAIN DEFINITIONS, TO PROVIDE EXCEPTIONS, AND TO PROVIDE PENALTIES.

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

"Renegade Hunter Act" enacted

SECTION    1.    This act may be referred to and cited as the "Renegade Hunter Act".

Use of hunting dogs to hunt on certain lands prohibited; definitions, exceptions, penalties

SECTION    2.    Chapter 11, Title 50 of the 1976 Code is amended by adding:

"Section 50-11-770.    (A)    For purposes of this section:

(1)    'Hunting' includes:

(a)    attempting to take any game animal, hog, or coyote by occupying stands, standing, or occupying a vehicle while; and

(b)    possessing, carrying, or having readily accessible:

(i)        a centerfire rifle with ammunition capable of being fired in that rifle; or

(ii)    a shotgun with shot size larger than number four that is capable of being fired from that shotgun.

(2)    'Possessing', 'carrying', or 'having readily available' does not include a centerfire rifle or a shotgun that is:

(a)    unloaded and cased in a closed compartment or vehicle;

(b)    unloaded and cased in a vehicle trunk or tool box;

(c)    in a vehicle traveling in a normal manner on a public road or highway; or

(d)    in case of a stander with no vehicle, encased or unloaded with the shells at least thirty feet away and stacked, piled, or otherwise gathered together in like fashion.

(B)    Notwithstanding the provisions contained in Section 50-11-760, it shall be unlawful for any person to hunt from any road, right of way, property line, boundary, or property upon which he does not have hunting rights with the aid or use of a dog when the dog has entered upon the land of another without written permission or over which the person does not have hunting rights. The provisions of this section apply whether the person in control of the dog intentionally or unintentionally releases, allows, or otherwise causes the dog to enter upon the land of another without permission of the landowner.

(C)    It is not a violation of this section if a person, with the landowner's permission, uses a single dog to recover a dead or wounded animal on the land of another and maintains sight and voice contact with the dog.

(D)    A dog that has entered upon the land of another without permission given to the person in control of the dog shall not be killed, maimed, or otherwise harmed simply because the dog has entered upon the land. A person who violates this subsection may be fined not more than five hundred dollars or imprisoned for not more than thirty days. The penalties for violations of this section as provided in subsection (E) do not apply to violations of this subsection.

(E)    A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars, no part of which may be suspended, or imprisoned for not more than thirty days, or both. The court must transmit record of the conviction to the department for hunting license suspension pursuant to subsection (F).

(F)    In addition to any other penalties provided by law, a person convicted of a violation of this section must have his hunting privileges suspended by the department for one year from the date of his conviction. He may not have his hunting privileges reinstated by the department until after he successfully completes a hunter education class administered by the department.

(G)(1)    The provisions of this section do not apply to bear hunting.

(2)    The provisions of this section do not apply to Game Zones 1 or 2."

Time effective

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

Ratified the 7th day of June, 2010.

Approved the 11th day of June, 2010.