H*3155(Rat #0263, Act #0147 of 1997)  General Bill, By Witherspoon
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 50-1-290 SO AS TO MAKE IT UNLAWFUL, EXCEPT AS OTHERWISE SPECIFICALLY
 AUTHORIZED BY LAW, TO BUY, SELL, OR POSSESS FOR SALE ANY WILDLIFE NATIVE TO
 THIS STATE, INCLUDING LIVE OR DEAD WHOLE ANIMALS OR PARTS OF SUCH ANIMALS, AND
 TO PROVIDE A PENALTY; AND TO AMEND SECTION 50-11-1920, AS AMENDED, RELATING TO
 THE PROHIBITION ON THE SALE OF VENISON IN EATING ESTABLISHMENTS, SO AS TO
 AUTHORIZE THE SALE UNDER CERTAIN CONDITIONS; AND TO REQUIRE THE DEPARTMENT OF
 NATURAL RESOURCES TO PROMULGATE REGULATIONS TO ENFORCE THE PROVISIONS OF THIS
 SECTION.-AMENDED TITLE

   01/08/97  House  Prefiled
   01/08/97  House  Referred to Committee on Agriculture, Natural
                     Resources and Environmental Affairs
   01/14/97  House  Introduced and read first time HJ-64
   01/14/97  House  Referred to Committee on Agriculture, Natural
                     Resources and Environmental Affairs HJ-64
   02/26/97  House  Committee report: Favorable with amendment
                     Agriculture, Natural Resources and Environmental
                     Affairs HJ-3
   03/03/97  House  Amended HJ-15
   03/03/97  House  Read second time HJ-15
   03/11/97  House  Read third time and sent to Senate HJ-22
   03/12/97  Senate Introduced and read first time SJ-11
   03/12/97  Senate Referred to Committee on Fish, Game and Forestry SJ-11
   05/22/97  Senate Committee report: Favorable Fish, Game and
                     Forestry SJ-15
   05/27/97  Senate Read second time SJ-23
   05/27/97  Senate Ordered to third reading with notice of
                     amendments SJ-23
   06/04/97  Senate Amended SJ-95
   06/04/97  Senate Read third time and returned to House with
                     amendments SJ-95
   06/04/97  House  Senate amendment amended HJ-144
   06/04/97  House  Returned to Senate with amendments HJ-145
   06/05/97  Senate Non-concurrence in House amendment SJ-151
   06/05/97  House  House insists upon amendment and conference
                     committee appointed Reps. Reps. Rhoad,
                     Witherspoon & Barfield HJ-59
   06/05/97  Senate Conference committee appointed Sens. Peeler,
                     Waldrep, Thomas SJ-152
   06/05/97  Senate Free conference powers granted SJ-152
   06/05/97  Senate Free conference committee appointed Sens. Peeler,
                     Waldrep, Thomas SJ-152
   06/05/97  Senate Free conference report received and adopted SJ-152
   06/17/97  House  Free conference powers granted HJ-84
   06/17/97  House  Free conference committee appointed Rhoad,
                     Witherspoon & Barfield HJ-85
   06/17/97  House  Free conference report received and adopted HJ-85
   06/17/97  Senate Ordered enrolled for ratification SJ-19
   06/18/97         Ratified R 263
   06/24/97         Signed By Governor
   06/24/97         Effective date 05/01/98
   07/09/97         Copies available
   07/09/97         Act No. 147

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-1-290 SO AS TO MAKE IT UNLAWFUL, EXCEPT AS OTHERWISE SPECIFICALLY AUTHORIZED BY LAW, TO BUY, SELL, OR POSSESS FOR SALE ANY WILDLIFE NATIVE TO THIS STATE, INCLUDING LIVE OR DEAD WHOLE ANIMALS OR PARTS OF SUCH ANIMALS, AND TO PROVIDE A PENALTY; AND TO AMEND SECTION 50-11-1920, AS AMENDED, RELATING TO THE PROHIBITION ON THE SALE OF VENISON IN EATING ESTABLISHMENTS, SO AS TO AUTHORIZE THE SALE UNDER CERTAIN CONDITIONS; AND TO REQUIRE THE DEPARTMENT OF NATURAL RESOURCES TO PROMULGATE REGULATIONS TO ENFORCE THE PROVISIONS OF THIS SECTION.

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

Protected wild mammals and birds

SECTION 1. The 1976 Code is amended by adding:

"Section 50-1-290. It is unlawful to buy, sell, trade, or barter or offer for sale or offer to buy any protected wild mammals and birds or parts of mammals or birds except as specifically allowed by this title. Except as provided in Section 50-11-170, this section shall not apply to the sale of rabbits and grey squirrels taken during the legally established seasons. A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars and not more than five hundred dollars or imprisoned up to thirty days."

Sale of venison

SECTION 2. Section 50-11-1920 of the 1976 Code, as amended by Section 1262, Act 181 of 1993, is further amended to read:

"Section 50-11-1920. (A) The proprietor of an eating establishment may sell or offer for sale venison only if the venison is nonnative from farm-raised deer and is processed through a government-approved facility. Before selling venison or offering it for sale, the eating establishment shall obtain a permit from the department at no cost. The eating establishment shall maintain adequate records to provide officials of the department information as to the source of the venison.

(B) The sale of whitetail deer, wild or farm-raised, is prohibited.

(C) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be punished as for a violation of Section 50-11-1910.

(D) The provisions of this section do not apply to private functions unless the private function is catered by an eating establishment or catering company for a fee.

(E) Venison which is permitted to be sold under the provisions of this section may be sold as a separately prepared item or when mixed with other items offered by the establishment and then prepared and served.

(F) The Department of Natural Resources shall promulgate regulations to enforce the provisions of this section."

Time effective

SECTION 3. This act takes effect May 1, 1998.

Approved the 24th day of June, 1997.