S*0087(Rat #0094, Act #0069 of 2001)  General Bill, By Ravenel, Branton, 
Passailaigue, McGill, Mescher and Elliott
 A BILL TO AMEND TO AMEND SECTION 50-11-760, AS AMENDED, CODE OF LAWS OF SOUTH
 CAROLINA, 1976, SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO HUNT FROM
 A PUBLIC ROAD OR RAILROAD RIGHT-OF-WAY IF THE PERSON DOES NOT HAVE PERMISSION
 TO HUNT THE LAND IMMEDIATELY ADJACENT TO THE PUBLIC ROAD OR RAILROAD
 RIGHT-OF-WAY; TO PROVIDE DEFINITIONS OF "HUNTING", "POSSESSING", "CARRYING",
 "HAVING READILY ACCESSIBLE", AND "LOADED" FOR PURPOSES OF THIS SECTION; TO
 PROVIDE "POSSESSING", "CARRYING", AND "HAVING READILY ACCESSIBLE" DO NOT
 INCLUDE A CENTERFIRE RIFLE OR SHOTGUN CONTAINED IN A CLOSED COMPARTMENT, A
 CLOSED VEHICLE TRUNK, OR A VEHICLE TRAVELING ON A PUBLIC ROAD; AND TO PROVIDE
 PENALTIES FOR VIOLATIONS OF THIS SECTION.-AMENDED TITLE

   01/10/01  Senate Introduced and read first time SJ-37
   01/10/01  Senate Referred to Committee on Judiciary SJ-37
   02/28/01  Senate Committee report: Favorable with amendment
                     Judiciary SJ-7
   03/01/01  Senate Amended SJ-19
   03/06/01  Senate Amended SJ-27
   03/06/01  Senate Read second time SJ-27
   03/06/01  Senate Ordered to third reading with notice of
                     amendments SJ-27
   03/14/01  Senate Amended SJ-19
   03/14/01  Senate Read third time and sent to House SJ-19
   03/15/01  House  Introduced and read first time HJ-10
   03/15/01  House  Referred to Committee on Judiciary HJ-11
   04/25/01  House  Recalled from Committee on Judiciary HJ-47
   04/25/01  House  Committed to Committee on Agriculture, Natural
                     Resources and Environmental Affairs HJ-47
   05/17/01  House  Committee report: Favorable with amendment
                     Agriculture, Natural Resources and Environmental
                     Affairs HJ-2
   05/23/01  House  Amended HJ-33
   05/23/01  House  Read second time HJ-35
   05/24/01  House  Read third time and returned to Senate with
                     amendments HJ-8
   05/29/01  Senate Non-concurrence in House amendment SJ-8
   05/29/01  House  House insists upon amendment and conference
                     committee appointed Reps. Ott, Frye and Coates HJ-84
   05/30/01  Senate Reconsidered SJ-10
   05/30/01  Senate Concurred in House amendment and enrolled SJ-10
   06/05/01         Ratified R 94
   07/18/01         Signed By Governor
   08/06/01         Effective date 07/18/01
   08/06/01         Copies available
   08/06/01         Act No. 69

AN ACT TO AMEND SECTION 50-11-760, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO HUNT FROM A PUBLIC ROAD OR RAILROAD RIGHT-OF-WAY IF THE PERSON DOES NOT HAVE PERMISSION TO HUNT THE LAND IMMEDIATELY ADJACENT TO THE PUBLIC ROAD OR RAILROAD RIGHT-OF-WAY; TO PROVIDE DEFINITIONS OF "HUNTING", "POSSESSING", "CARRYING", "HAVING READILY ACCESSIBLE", AND "LOADED" FOR PURPOSES OF THIS SECTION; TO PROVIDE "POSSESSING", "CARRYING", AND "HAVING READILY ACCESSIBLE" DO NOT INCLUDE A CENTERFIRE RIFLE OR SHOTGUN CONTAINED IN A CLOSED COMPARTMENT, A CLOSED VEHICLE TRUNK, OR A VEHICLE TRAVELING ON A PUBLIC ROAD; AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.

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

Hunting from certain public roads and railroad rights-of-way prohibited; definitions; penalties

SECTION 1. Section 50-11-760 of the 1976 Code, as amended by Act 181 of 1993, is further amended to read:

"Section 50-11-760. (A) It is unlawful for a person to hunt from a public road or railroad right-of-way if the person does not have permission to hunt the land immediately adjacent to the public road or railroad right-of-way.

(B)(1) For purposes of this section, 'hunting' includes:

(a) taking deer by occupying stands for that purpose; and

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

( i) a loaded centerfire rifle; or

(ii) a shotgun loaded with shot size larger than number four.

(2) For purposes of this section, 'loaded' means a weapon within which any ammunition is contained.

(3) For purposes of this section, the terms 'possessing', 'carrying', and 'having readily accessible' do not include a centerfire rifle or shotgun which is contained in a:

(a) closed compartment;

(b) closed vehicle trunk; or a

(c) vehicle traveling on a public road.

(C) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars nor more than five hundred dollars or imprisoned for not more than thirty days.

(D) In addition to any other penalties, the department must suspend the hunting privileges of a person convicted of violating this section for one year from the date of the conviction."

Time effective

SECTION 2. This act takes effect upon approval by the Governor.

Ratified the 5th day of June, 2001.

Approved the 18th day of July, 2001.