H 4315  General Bill, By Mace
 A BILL TO AMEND SECTION 50-11-760, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO HUNTING FROM CERTAIN PUBLIC ROADS AND RAILROAD RIGHTS OF WAY, SO
 AS TO PROHIBIT HUNTING FROM A PUBLIC ROAD.
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   03/26/19  House  Introduced and read first time (House Journal-page 57)
   03/26/19  House  Referred to Committee on Agriculture, Natural
                     Resources and Environmental Affairs
                     (House Journal-page 57)

TO AMEND SECTION 50-11-760, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING FROM CERTAIN PUBLIC ROADS AND RAILROAD RIGHTS OF WAY, SO AS TO PROHIBIT HUNTING FROM A PUBLIC ROAD.

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

SECTION    1.    Section 50-11-760 of the 1976 Code is 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 right of way.

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

(a)    taking deer any animal by occupying stands for that purpose; or

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

(i)        a loaded centerfire rifle; or

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

(2)    For purposes of this section,:

(a)    'Loaded' means a weapon within which any ammunition is contained.

(b)    'Public road' means a public roadway, shoulder, bridge, or median.

(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 but not 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."

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