H*4748(Rat #0430, Act #0370 of 2000)  General Bill, By Sharpe
 A BILL TO AMEND SECTION 50-3-730, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO THE WILDLIFE ENDOWMENT FUND, SO AS TO DELETE SPECIFIC
 STATUTORY REFERENCES TO THE SOURCE OF FUNDS; TO AMEND SECTION 50-3-790, AS
 AMENDED, RELATING TO INCREASES IN EXISTING LIFETIME LICENSE FEES, SO AS TO
 PROVIDE THAT THE PERCENTAGE OF INCREASE FOR ANNUAL LICENSES MAY BE APPLIED TO
 EXISTING LIFETIME LICENSE FEES; TO AMEND SECTION 50-9-550, AS AMENDED,
 RELATING TO FRESHWATER FISHING PERMITS, SO AS TO PROVIDE THAT A RESIDENT MAY
 PURCHASE A SPECIAL PERMIT TO FISH WITH NONMANUFACTURED TACKLE OR NATURAL BAIT
 IN LIEU OF AN ANNUAL FISHING LICENSE; TO AMEND SECTION 50-11-20, RELATING TO
 THE MIGRATORY WATERFOWL COMMITTEE, SO AS TO CHANGE A REFERENCE; TO AMEND
 SECTION 50-5-1910, RELATING TO STAMPS REQUIRED FOR SALTWATER FISHING SO AS TO
 DELETE PROVISIONS FOR THE MARINE RECREATIONAL FISHING STAMP AND PROVIDE FOR A
 LICENSE FOR FISHING IN SALT WATERS; TO AMEND SECTION 50-5-1920, RELATING TO
 THE SALE OF STAMPS, SO AS TO STRIKE "STAMP" AND INSERT "LICENSE"; TO AMEND
 SECTION 50-5-1925, RELATING TO EXEMPTIONS FROM STAMP REQUIREMENTS SO AS TO
 STRIKE "STAMP" AND PROVIDE FOR EXCEPTIONS FROM LICENSE REQUIREMENTS; TO AMEND
 SECTION 50-5-1930, RELATING TO RECIPROCAL RECOGNITION OF RECREATIONAL FISHING
 LICENSES OF OTHER COASTAL STATES, SO AS TO CHANGE THE LANGUAGE RELATING TO
 "FISHERIES STAMP" TO "FISHERIES LICENSE"; TO AMEND SECTION 50-5-1935, RELATING
 TO SALE OF COMMEMORATIVE STAMPS, SO AS TO DELETE CERTAIN OBSOLETE LANGUAGE; TO
 AMEND SECTION 50-5-1945, RELATING TO SPECIAL ACCOUNTS FOR FUNDS FROM THE SALE
 OF STAMPS AND PRINTS, SO AS TO INCLUDE THE SALE OF LICENSES; AND TO AMEND
 SECTION 50-5-1950, RELATING TO THE MARINE RECREATIONAL FISHERIES ADVISORY
 COMMITTEE SO AS TO INCLUDE LICENSES WITHIN THE SOURCE OF FUNDS FROM WHICH THE
 COMMITTEE'S EXPENSES ARE PAID.-AMENDED TITLE

   03/08/00  House  Introduced and read first time HJ-69
   03/08/00  House  Referred to Committee on Agriculture, Natural
                     Resources and Environmental Affairs HJ-70
   04/05/00  House  Committee report: Favorable with amendment
                     Agriculture, Natural Resources and Environmental
                     Affairs HJ-3
   04/11/00  House  Amended HJ-21
   04/11/00  House  Read second time HJ-22
   04/12/00  House  Read third time and sent to Senate HJ-31
   04/13/00  Senate Introduced and read first time SJ-16
   04/13/00  Senate Referred to Committee on Fish, Game and Forestry SJ-16
   05/23/00  Senate Committee report: Favorable with amendment Fish,
                     Game and Forestry SJ-12
   05/24/00  Senate Amended SJ-27
   05/24/00  Senate Read second time SJ-27
   05/24/00  Senate Ordered to third reading with notice of
                     amendments SJ-27
   05/25/00  Senate Read third time and returned to House with
                     amendments SJ-48
   05/31/00  House  Concurred in Senate amendment and enrolled HJ-47
   06/08/00         Ratified R 430
   06/14/00         Signed By Governor
   06/14/00         Effective date 07/02/00
   06/28/00         Copies available
   06/28/00         Act No. 370

AN ACT TO AMEND SECTION 50-3-730, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WILDLIFE ENDOWMENT FUND, SO AS TO DELETE SPECIFIC STATUTORY REFERENCES TO THE SOURCE OF FUNDS; TO AMEND SECTION 50-3-790, AS AMENDED, RELATING TO INCREASES IN EXISTING LIFETIME LICENSE FEES, SO AS TO PROVIDE THAT THE PERCENTAGE OF INCREASE FOR ANNUAL LICENSES MAY BE APPLIED TO EXISTING LIFETIME LICENSE FEES; TO AMEND SECTION 50-9-550, AS AMENDED, RELATING TO FRESHWATER FISHING PERMITS, SO AS TO PROVIDE THAT A RESIDENT MAY PURCHASE A SPECIAL PERMIT TO FISH WITH NONMANUFACTURED TACKLE OR NATURAL BAIT IN LIEU OF AN ANNUAL FISHING LICENSE; TO AMEND SECTION 50-11-20, RELATING TO THE MIGRATORY WATERFOWL COMMITTEE, SO AS TO CHANGE A REFERENCE; TO AMEND SECTION 50-5-1910, RELATING TO STAMPS REQUIRED FOR SALTWATER FISHING SO AS TO DELETE PROVISIONS FOR THE MARINE RECREATIONAL FISHING STAMP AND PROVIDE FOR A LICENSE FOR FISHING IN SALT WATERS; TO AMEND SECTION 50-5-1920, RELATING TO THE SALE OF STAMPS, SO AS TO STRIKE "STAMP" AND INSERT "LICENSE"; TO AMEND SECTION 50-5-1925, RELATING TO EXEMPTIONS FROM STAMP REQUIREMENTS SO AS TO STRIKE "STAMP" AND PROVIDE FOR EXCEPTIONS FROM LICENSE REQUIREMENTS; TO AMEND SECTION 50-5-1930, RELATING TO RECIPROCAL RECOGNITION OF RECREATIONAL FISHING LICENSES OF OTHER COASTAL STATES, SO AS TO CHANGE THE LANGUAGE RELATING TO "FISHERIES STAMP" TO "FISHERIES LICENSE"; TO AMEND SECTION 50-5-1935, RELATING TO SALE OF COMMEMORATIVE STAMPS, SO AS TO DELETE CERTAIN OBSOLETE LANGUAGE; TO AMEND SECTION 50-5-1945, RELATING TO SPECIAL ACCOUNTS FOR FUNDS FROM THE SALE OF STAMPS AND PRINTS, SO AS TO INCLUDE THE SALE OF LICENSES; AND TO AMEND SECTION 50-5-1950, RELATING TO THE MARINE RECREATIONAL FISHERIES ADVISORY COMMITTEE SO AS TO INCLUDE LICENSES WITHIN THE SOURCE OF FUNDS FROM WHICH THE COMMITTEE'S EXPENSES ARE PAID.

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

Source of assets for fund

SECTION 1. Section 50-3-730(2) and (3) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"(2) the proceeds from the sale of lifetime combination licenses;

(3) the proceeds from the sale of lifetime hunting and lifetime fishing licenses;"

Percentage increase in existing lifetime license fees when annual fees increase

SECTION 2. Section 50-3-790 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 50-3-790. In the event the annual combination license, the annual hunting license, or the annual fishing license fee increases, the percentage of increase for each annual license may be applied to the existing lifetime license fees and each lifetime license fee may be increased accordingly, rounding the fee to the next highest dollar."

Reservoirs, lakes, and streams freshwater permit; fees

SECTION 3. Section 50-9-550 of the 1976 Code, as last amended by Act 372 of 1996, is further amended to read:

"Section 50-9-550. In lieu of obtaining a regular annual statewide resident fishing license, a resident of the State may purchase a special reservoir, lakes, and streams freshwater permit to fish with nonmanufactured tackle or natural bait in the waters described in this section. It is unlawful for any resident to fish in the waters of this State described in this section with nonmanufactured tackle or natural bait unless he has either the required fishing license or the required permit. No person licensed under the provisions of Section 50-9-510(3), 50-9-510(4), or 50-9-540(A) is required to purchase a permit.

The permits must be obtained from the department at a fee of three dollars. One dollar of the fee must be retained by the agent issuing the permit, and the remaining portion of the proceeds of the sale of the permit must be remitted to the department and held in a separate fund for use in the protection and propagation of game and other fish within the waters described in this section in the counties adjacent to them. The provisions of this section apply to the following bodies of water within this State:

(1) the waters or backwaters of the Catawba and Wateree Rivers within Chester, Fairfield, Kershaw, and Lancaster Counties, except waters lying more than one hundred yards south of the Wateree Dam in Kershaw County;

(2) Lake Marion;

(3) Lake Moultrie, the Diversion Canal, and the Tail Canal;

(4) Lake Murray;

(5) all of the waters of the Savannah River between the Stevens Creek Dam and the highway bridge between Calhoun Falls, South Carolina, and Elberton, Georgia, including the waters impounded between Stevens Creek Dam and Clark Hill Dam;

(6) Keowee-Toxaway Lake in Oconee and Pickens Counties;

(7) Lake Jocassee;

(8) Lake Greenwood;

(9) Hartwell Reservoir;

(10) Lake Richard B. Russell;

(11) Lake Wiley;

(12) the Parr Hydroelectric Project Fish and Game Management Area:

(a) Parr Reservoir;

(b) Monticello Reservoir;

(c) Monticello Reservoir Sub-Impoundment;

(13) Lake Ashwood in Lee County.

The provisions of this section do not affect in any way any reciprocal agreement with the State of Georgia as to recognition of residents' fishing licenses or permits. Any person exempt from licensing requirements under Article 7 of this chapter is exempt from the requirement to purchase a permit as provided in this section.

Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not less than fifty dollars nor more than two hundred dollars or by imprisonment for not more than thirty days."

Responsibilities of migratory waterfowl committee; use of funds

SECTION 4. Section 50-11-20(C) of the 1976 Code is amended to read:

"(C) The committee is responsible for the creation of the annual migratory waterfowl stamp provided in Section 50-9-530, shall provide the design to the department, and shall recommend regulations to the department for the creation of migratory waterfowl stamp prints, their administration, sale, and distribution, and other matters relating to the stamps and their prints. If the committee sells any of the stamps, it shall purchase them from the department for five dollars and fifty cents a stamp, all of which is retained by the department. Funds derived from the sale of prints and related artwork must be expended as follows:

(1) The portion of the funds necessary to make up fifty percent of the total funds derived from the sale of the migratory waterfowl stamps and the migratory waterfowl stamp prints must be transferred by the committee to the department to be used for its specified projects.

(2) Except for the amount necessary for the committee to administer and promote the sale of any prints, stamps, or related articles, the remainder of the funds derived from the sale of the prints and related articles must be disbursed to an appropriate nonprofit organization as determined by the board for the development of waterfowl propagation projects within Canada. The projects must specifically provide waterfowl for the Atlantic Flyway and must demonstrate evidence that the projects are acceptable to the appropriate governmental agencies having jurisdiction over the project areas.

(3) The committee shall have an annual audit of its finances conducted by the state auditor and shall furnish a copy to the board."

License required; validation; availability for inspection

SECTION 5. Section 50-5-1910 of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"Section 50-5-1910. (A) Except as otherwise provided, no person sixteen years of age or older may engage in fishing for recreation in South Carolina salt waters seaward of the dividing lines between salt water and freshwater without a saltwater recreational fisheries license issued pursuant to this article.

(B) The license must be validated by the signature of the licensee.

(C) No vessel may transport saltwater recreational fishermen for a fee without a charter fishing license. No person may charge a fee to the public to fish from a pier without obtaining a saltwater public fishing pier license.

(D) The license must be available for inspection at all times.

(E) A person who violates subsection (A), (B), or (D) is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five dollars nor more than two hundred dollars or imprisoned for not more than thirty days.

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

Issuance and sale of licenses; fees

SECTION 6. Section 50-5-1920 of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"Section 50-5-1920. The following licenses must be made available throughout this State by the department or its authorized agents for issuance or sale and are issued for the time prescribed in Section 50-9-20:

(1) saltwater recreational fisheries license for residents and nonresidents. The annual fee for the issuance of the license is five dollars and fifty cents. Fifty cents may be retained by the issuing agent, and the balance must be paid to the department;

(2) public fishing pier license. The annual fee for the issuance of the license is one hundred fifty dollars for a pier one hundred feet or less in total length or three hundred fifty dollars for a pier greater than one hundred feet in total length; and

(3) charter vessel license. The annual fee for the issuance of the license is one hundred fifty dollars for vessels licensed to carry six or fewer passengers, two hundred fifty dollars for vessels licensed to carry seven to forty-nine passengers, and three hundred fifty dollars for vessels licensed to carry more than forty-nine passengers. However, the annual fee for the issuance of the license is forty dollars if the vessel carries only the passengers who hire the vessel."

Exceptions from license requirements

SECTION 7. Section 50-5-1925 of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"Section 50-5-1925. The following are exempt from purchasing the license:

(1) fishermen using a hook and line from the shore or a shore-based structure;

(2) fishermen fishing from a charter fishing vessel with a valid charter fishing license or from a public fishing pier with a valid public fishing pier license; and

(3) persons exempted under Chapter 9 of Title 50.

Not exempt are fishermen bringing ashore by boat fish taken by hook and line regardless of the area of fishing."

Reciprocal recognition of recreational fishing licenses of other coastal states

SECTION 8. Section 50-5-1930 of the 1976 Code, as added by an act of 2000, bearing ratification number 253, is amended to read:

"Section 50-5-1930. If a coastal state which has or establishes a saltwater recreational fisheries stamp, license, or permit recognizes through statute, regulation, or reciprocal agreement the validity of a South Carolina saltwater recreational fisheries license within its boundaries, South Carolina must recognize the validity of a corresponding stamp, license, or permit held on his person by residents of that state."

Production and sale of commemorative or collectors stamps; retention of proceeds by department

SECTION 9. Section 50-5-1935 of the 1976 Code, as added an act of 2000, bearing ratification number 253, is amended to read:

"Section 50-5-1935. The department may produce stamps as commemorative or collectors items which must be sold for not less than five dollars and fifty cents. The proceeds must be retained by the department."

Special account for funds from sale of stamps, licenses, prints, etc.; expenditure of funds

SECTION 10. Section 50-5-1945 of the 1976 Code, as added by an act of 2000, bearing ratification number 253, is amended to read:

"Section 50-5-1945. (A) Revenue from the sale of the stamps, licenses, prints, and related articles must be paid into a special account separate from the general fund. Revenues in the account are carried forward each year and may be used to match available federal funds. They may be used only for the following programs which directly benefit saltwater recreational fisheries:

(1) development of saltwater recreational fishing facilities;

(2) scientific research relating to management of saltwater recreational fisheries;

(3) protection, maintenance, or enhancement of saltwater habitat important to the continued production of fish stocks and their food sources of significance to saltwater recreational fisheries;

(4) administrative and coastal enforcement activities for the issuance of stamps and licenses and development of prints and related articles;

(5) enforcement of the laws and fishery management regulations relating to saltwater recreational fisheries, including habitat protection; and

(6) other programs directly benefiting saltwater recreational fisheries recommended by the Saltwater Recreational Fisheries Advisory Committee.

(B) Funds from the special account expended for administration and coastal enforcement activities in subsection (A)(4) and (5) may not exceed twenty-five percent of monies paid into the account annually from the sale of stamps, licenses, prints, and related articles.

(C) Funds from the special account must be used to publish an annual report to be made available to stamp and license holders to indicate how the previous year's funds were utilized."

Expenses for board members; source of payment

SECTION 11. Section 50-5-1950(C) of the 1976 Code, as added by an act of 2000, bearing ratification number 253, is amended to read:

"(C) Committee members shall be paid the usual mileage, subsistence, and per diem as prescribed by law for members of state boards, commissions, and committees to be paid from revenues from the sale of stamps, licenses, prints, and related articles."

Time effective

SECTION 12. This act takes effect July 2, 2000.

Ratified the 8th day of June, 2000.

Approved the 14th day of June, 2000.