H 3344 General Bill, By Sharpe and Hayes
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 50-1-91 SO AS TO PROHIBIT HUNTING ON, SHOOTING FROM, INTO, OR ACROSS THE
 RIGHT-OF-WAY OF A PRIMARY PAVED ROAD, TO PROVIDE FOR THE MANNER IN WHICH LAW
 ENFORCEMENT OFFICERS MAY CHARGE A PERSON FOR A VIOLATION, AND TO PROVIDE
 PENALTIES; AND TO AMEND SECTION 50-11-760, AS AMENDED, RELATING TO HUNTING
 FROM PUBLIC ROADS AND RAILROAD RIGHTS-OF-WAY, SO AS TO DELETE PROVISIONS
 RELATING TO HUNTING FROM PUBLIC ROADS AND INCREASE THE PENALTY FOR HUNTING
 FROM A RAILROAD RIGHT-OF-WAY.

   01/26/99  House  Introduced and read first time HJ-16
   01/26/99  House  Referred to Committee on Agriculture, Natural
                     Resources and Environmental Affairs HJ-16
   04/19/00  House  Committee report: Favorable with amendment
                     Agriculture, Natural Resources and Environmental
                     Affairs HJ-8
   04/26/00  House  Requests for debate-Rep(s). Knotts, Koon,
                     Fleming, Trotter, Perry, Cato, Robinson,
                     Barrett, McMahand and R. Smith HJ-26
   05/18/00  House  Requests for debate removed-Rep(s). Trotter and
                     R. Smith HJ-31
   05/24/00  House  Recommitted to Committee on Agriculture, Natural
                     Resources and Environmental Affairs HJ-87

April 19, 2000

H. 3344

S. Printed 4/19/00--H.

Read the first time January 26, 1999.

To whom was referred a Bill (H. 3344), to amend the Code of Laws of South Carolina, 1976, by adding Section 50-1-91 so as to prohibit hunting on, shooting from, into, or across the right-of-way of a primary paved road, etc., respectfully

That they have duly and carefully considered the same, and recommend that the same do pass with amendment:

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/ SECTION 1. Chapter 1, Title 50 of the 1976 Code is amended by adding:

"Section 50-1-91. (A) For purposes of this section:

(1) 'Right-of-way' means an area maintained by the State, or by a county, municipality, or other political subdivision of the State, as a right-of-way for a paved road in this State.

(2) 'Weapon' means a firearm, archery equipment, or any other device that shoots or hurls a bullet, missile, shot, or projectile of any sort.

(B) When hunting deer in game zone 5, for a period of three years after the effective date of this section and except as otherwise provided by law, it is unlawful for a person to hunt on, or to shoot from, into, or across, the right-of-way of any paved road with a weapon. It is not unlawful for a person to recover or retrieve a dog from a right-of-way provided his weapon is completely unloaded containing no shells and inaccessible for immediate use within a vehicle. It is not unlawful for a person to release a dog on a right-of-way adjacent to land owned or leased by the person, or adjacent to land upon which the person has written permission to hunt in his possession, provided his weapon is in a vehicle. This section does not apply to law enforcement officers or military personnel acting in the performance of their duties, or to a person lawfully exercising the right of self-defense.

(C) A person violating this section is guilty of a misdemeanor and, upon conviction, in cases not involving personal injury or damage to property, must be fined not more than five hundred dollars or imprisoned for not more than thirty days. In cases involving personal injury or damage to property, a person convicted of violating this section must be fined not more than five thousand dollars or imprisoned for not more than one year, or both. A person whose violation of this section results in the taking or loss of a human life must be prosecuted, if at all, as otherwise provided by law rather than under this section.

(D) For a period of three years after the effective date of this section the crime in Section 50-1-91 of the 1976 Code is added to the list of crimes in Section 56-7-10 of the 1976 Code for which the uniform traffic ticket is used and, appropriately numbered, to the list of crimes in Section 50-3-410, for which official summons are issued. A law enforcement officer may charge a person subject to prosecution for a violation of Section 50-1-91 using either the uniform traffic ticket authorized by Section 56-7-10, or a summons ticket authorized by Section 50-3-410.

(E) For a period of three years after the effective date of this section, the provisions of Section 50-11-760 are suspended in game zone 5 only. During the three year period when Section 50-11-760 is suspended, the hunting of all game in game zone 5 from rights-of-way owned by railroads is prohibited whenever the railroad rights-of-way are adjacent to lands that are posted against trespassing or hunting. The provisions of this section do not apply to hunting by owners of the adjacent lands or by persons who have permission of the owners to hunt the adjacent lands. 'Hunting' as used in this section includes the hunting of deer by occupying stands therefor. Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than three hundred dollars or be imprisoned for not more than thirty days."

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

Amend title to conform.

Renumber sections.

CHARLES R. SHARPE, for Committee.

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-1-91 SO AS TO PROHIBIT HUNTING ON, SHOOTING FROM, INTO, OR ACROSS THE RIGHT-OF-WAY OF A PRIMARY PAVED ROAD, TO PROVIDE FOR THE MANNER IN WHICH LAW ENFORCEMENT OFFICERS MAY CHARGE A PERSON FOR A VIOLATION, AND TO PROVIDE PENALTIES; AND TO AMEND SECTION 50-11-760, AS AMENDED, RELATING TO HUNTING FROM PUBLIC ROADS AND RAILROAD RIGHTS-OF-WAY, SO AS TO DELETE PROVISIONS RELATING TO HUNTING FROM PUBLIC ROADS AND INCREASE THE PENALTY FOR HUNTING FROM A RAILROAD RIGHT-OF-WAY.

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

SECTION 1. Chapter 1, Title 50 of the 1976 Code is amended by adding:

"Section 50-1-91. (A) For purposes of this section:

(1) 'Right-of-way' means an area maintained by the State, or by a county, municipality, or other political subdivision of the State, as a right-of-way for a primary paved road in this State.

(2) 'Weapon' means a firearm, archery equipment, or any other devise that shoots or hurls a bullet, missile, shot, or projectile of any sort.

(B) Except as otherwise provided by law, it is unlawful for a person to hunt on, or to shoot from, into, or across, the right-of-way of any primary paved road with a weapon. It is not unlawful for a person to recover or retrieve a dog from a right-of-way provided his weapon is in a vehicle. It is not unlawful for a person to release a dog on a right-of-way adjacent to land owned or leased by the person, or adjacent to land upon which the person has written permission to hunt in his possession, provided his weapon is in a vehicle. This section does not apply to law enforcement officers or military personnel acting in the performance of their duties, or to a person lawfully exercising the right of self-defense.

(C) A person violating this section is guilty of a misdemeanor and, upon conviction, in cases not involving personal injury or damage to property, must be fined not more than five hundred dollars or imprisoned for not more than thirty days. In cases involving personal injury or damage to property, a person convicted of violating this section must be fined not more than five thousand dollars or imprisoned for not more than one year, or both. A person whose violation of this section results in the taking or loss of a human life must be prosecuted, if at all, as otherwise provided by law rather than under this section."

SECTION 2. The crime in Section 50-1-91 of the 1976 Code is added to the list of crimes in Section 56-7-10 of the 1976 Code for which the uniform traffic ticket is used and, appropriately numbered, to the list of crimes in Section 50-3-410, for which official summons are issued. A law enforcement officer may charge a person subject to prosecution for a violation of Section 50-1-91 using either the uniform traffic ticket authorized by Section 56-7-10, or a summons ticket authorized by Section 50-3-410.

SECTION 3. Section 50-11-760 of the 1976 Code, as amended by Act 181 of 1993, is further amended to read:

"Section 50-11-760. The hunting of all game from public roads and rights-of-way owned by railroads is prohibited whenever the public roads or railroad rights-of-way are adjacent to lands that are posted against trespassing or hunting. The provisions of this section do not apply to hunting by owners of the adjacent lands or by persons who have permission of the owners to hunt the adjacent lands. 'Hunting' as used in this section includes the hunting of deer by occupying stands therefor. Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one three hundred dollars or be imprisoned for a period not to exceed not more than thirty days."

SECTION 4. This act takes effect upon approval by the Governor.