H*3671 Session 106 (1985-1986)
H*3671(Rat #0581, Act #0502 of 1986) General Bill, By
House Agriculture and Natural Resources
A Bill to amend Sections 50-9-10, 50-9-120, 50-9-130, 50-9-150, 50-9-450,
50-9-460, 50-9-470, 50-9-500, 50-9-1020, all as amended, and Sections 50-9-15,
50-9-135, 50-9-140, 50-9-240, 50-9-250, 50-9-550, 50-9-560, 50-9-860,
50-9-1100, and 50-11-60, Code of Laws of South Carolina, 1976, all relating to
hunting, fishing, and game management area permits, so as to impose or
increase license and permit fees, permit the removal of destructive wildlife,
place restrictions on the lease of land for wildlife management area programs,
increase the points for trespassing to hunt, fish, and trap from six to ten,
increase penalties and make them more stringent; and to amend the 1976 Code by
adding Sections 50-9-145 and 50-3-316; and Article 8 to Chapter 11 of Title
50, so as to provide penalties for abuse of wildlife management area lands and
improvements on them; and to provide criteria for the employment of
conservation officers.-amended title
03/20/86 House Introduced, read first time, placed on calendar
without reference HJ-1719
03/26/86 House Objection by Rep. Ogburn, Blackwell, Faber,
Tucker, P Harris, Kirsh, HJ-1963
03/26/86 House Objection by Rep. Klapman, J Arthur, Simpson,
Washington, O Phillips, HJ-1963
03/26/86 House Objection by Rep. Day, G Bailey, Winstead & Holt
HJ-1963
04/03/86 House Objection withdrawn by Rep. P. Harris HJ-2196
04/09/86 House Objection withdrawn by Rep. Blackwell, G. Bailey
& Tucker HJ-2267
04/10/86 House Objection withdrawn by Rep. Holt & Washington HJ-2331
04/15/86 House Special order, set for Apr. 16, 1986 after
uncontested calendar (Under H 3828) HJ-2357
04/16/86 House Amended HJ-2389
04/16/86 House Debate interrupted HJ-2394
04/17/86 House Amended HJ-2448
04/17/86 House Debate interrupted HJ-2455
04/22/86 House Amended HJ-2496
04/22/86 House Debate interrupted HJ-2510
04/23/86 House Amended HJ-2550
04/23/86 House Debate interrupted HJ-2571
04/24/86 House Amended HJ-2607
04/24/86 House Read second time HJ-2621
04/30/86 House Read third time and sent to Senate HJ-2747
05/01/86 Senate Introduced and read first time SJ-2417
05/01/86 Senate Referred to Committee on Fish, Game and Forestry
SJ-2417
05/08/86 Senate Committee report: Favorable with amendment Fish,
Game and Forestry SJ-2528
05/13/86 Senate Read second time SJ-2582
05/13/86 Senate Ordered to third reading with notice of
amendments SJ-2582
05/28/86 Senate Debate interrupted SJ-3308
05/29/86 Senate Amended SJ-3381
05/29/86 Senate Read third time SJ-3424
05/29/86 Senate Returned SJ-3424
06/02/86 House Non-concurrence in Senate amendment HJ-3541
06/03/86 Senate Senate insists upon amendment and conference
committee appointed Sens. Ravenel, Pope, and
Drummond SJ-3475
06/03/86 House Conference committee appointed Pearce, Gentry &
Foxworth HJ-3564
06/04/86 Senate Conference report received SJ-3540
06/04/86 Senate Conference report adopted SJ-3540
06/04/86 House Conference report received HJ-3642
06/04/86 House Conference report adopted HJ-3658
06/04/86 House Ordered enrolled for ratification HJ-3659
06/05/86 Ratified R 581
06/05/86 Signed By Governor
06/05/86 Effective date 06/05/86
06/05/86 Act No. 502
06/20/86 Copies available
(A502, R581, H3671)
AN ACT TO AMEND SECTIONS 50-9-10, 50-9-120, 50-9-130, 50-9-150, 50-9-450,
50-9-460, 50-9-470, 50-9-500, 50-9-1020, ALL AS AMENDED, AND SECTIONS 50-9-15,
50-9-135, 50-9-140, 50-9-240, 50-9-250, 50-9-550, 50-9-560, 50-9-860, 50-9-1100,
AND 50-11-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO HUNTING,
FISHING, AND GAME MANAGEMENT AREA PERMITS, SO AS TO IMPOSE OR INCREASE LICENSE
AND PERMIT FEES, PERMIT THE REMOVAL OF DESTRUCTIVE WILDLIFE, PLACE RESTRICTIONS
ON THE LEASE OF LAND FOR WILDLIFE MANAGEMENT AREA PROGRAMS, INCREASE THE POINTS
FOR TRESPASSING TO HUNT, FISH, AND TRAP FROM SIX TO TEN, INCREASE PENALTIES AND
MAKE THEM MORE STRINGENT; AND TO AMEND THE 1976 CODE BY ADDING SECTIONS 50-9-145
AND 50-3-316; AND ARTICLE 8 TO CHAPTER 11 OF TITLE 50, SO AS TO PROVIDE PENALTIES
FOR ABUSE OF WILDLIFE MANAGEMENT AREA LANDS AND IMPROVEMENTS ON THEM; AND TO
PROVIDE CRITERIA FOR THE EMPLOYMENT OF CONSERVATION OFFICERS.
Whereas, the General Assembly has determined that the Wildlife Management Area
Program and the programs of the South Carolina Wildlife and Marine Resources
Department are in the public interest, serve a public purpose, and will promote
the health, safety, welfare, and convenience of the people of the State; and
Whereas, the General Assembly also recognizes the important role that private
hunt clubs have played in the preservation of wildlife and wildlife habitat and
the importance of the time-honored traditions of hunting with dogs in South
Carolina and nothing in this act may be taken to encourage the leasing of lands
under lease to private hunt clubs or to discourage the traditions of hunting with
dogs. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
PART I
Sportsman license
SECTION 1. Section 50-9-15 of the 1976 Code, added by Section 16 of Act 94 of
1981, is amended to read:
"Section 50-9-15. A resident of this State may obtain, in the same manner
as other fishing and hunting licenses and the resident big game permit are
obtained, a sportsman license in lieu of separate licenses for statewide fishing,
statewide hunting for big game, and hunting on wildlife management areas. The
cost of the license is forty-four dollars.
One dollar of the fee may be retained by the issuing agent and the balance
remitted to the South Carolina Wildlife and Marine Resources Department."
Fee
SECTION 2. Section 50-9-120 of the 1976 Code, as last amended by Section 2 of
Act 94 of 1981, is further amended to read:
"Section 50-9-120. (1) For the privilege of hunting throughout the State
by a resident of the State, a statewide license must be issued for a fee of
twelve dollars, of which amount one dollar may be retained by the issuing agent.
(2) For the privilege of hunting only in the county of which the hunter is a
resident, a county license must be issued upon payment of a fee of five dollars,
of which amount one dollar may be retained by the issuing agent. No holder of a
county license only may hunt in any county of which he is not a resident."
Fees
SECTION 3. Section 50-9-130 of the 1976 Code, as last amended by Section 3 of
Act 94 of 1981, is further amended to read:
"Section 50-9-130. Every nonresident of the State shall pay a hunter's
license fee of:
(1) seventy-five dollars for the privilege of hunting in the State during any
one season from July first to June thirtieth, two dollars of which may be
retained by the issuing agent;
(2) fifty dollars for a ten-day temporary license, two dollars of which may be
retained by the issuing agent; or
(3) twenty-five dollars for a three-day temporary license, one dollar of which
may be retained by the issuing agent.
Any type temporary license is valid for a period of either ten or three
specified consecutive days as indicated on the license and the ten-day temporary
license may be purchased only once a season by a single individual. Any person
convicted of a violation of this section must be punished as provided in Section
50-9-250."
Big game permit
SECTION 4. Section 50-9-135 of the 1976 Code, added by Act 446 of 1980, is
amended to read:
"Section 50-9-135. (1) Every resident hunting deer, bear, or turkey in
this State shall first purchase a big game permit from the Wildlife and Marine
Resources Department which must be in addition to the required resident hunter's
license.
The fee for the permit is six dollars, of which amount one dollar may be
retained by the issuing agent.
(2) Every nonresident hunting deer, bear, or turkey in this State shall first
purchase a big-game permit from the Wildlife and Marine Resources Department
which is in addition to the required nonresident hunter's license. The fee for
the permit is eighty dollars, of which amount one dollar may be retained by the
issuing agent."
Special nonresident shooting preserve hunting
licenses
SECTION 5. Section 50-9-140 of the 1976 Code is amended to read:
"Section 50-9-140. The Wildlife and Marine Resources Department may
distribute and regulate the issuance of special, nonresident shooting preserve
hunting licenses, applicable for the entire preserve season on any preserve in
the State, for specified released species only, at a cost not to exceed eight
dollars and fifty cents."
Fee for license of residents between age of
sixteen through seventeen
SECTION 6. The 1976 Code is amended by adding:
"Section 50-9-145. In lieu of the fees provided in subsection (1) of
Section 50-9-120, subsection (1) of Section 50-9-135, Sections 50-9-150, and
50-9-450, any resident of this State who is aged sixteen through seventeen may
pay a fee of sixteen dollars, of which amount one dollar may be retained by the
issuing agent, for the privilege of engaging in the activities described in the
above cited sections.
The license must be countersigned by the parent or guardian of the teenager and
the countersignature shall be considered as a certification of the age and
residence of the teenage person.
Any person fraudulently obtaining such a license by falsely certifying the age
or residence of another upon conviction must be fined the sum of two hundred
dollars or be confined in the county jail for a period not to exceed ten
days."
Fee
SECTION 7. Section 50-9-450 of the 1976 Code, as last amended by Section 7 of
Act 94 of 1981, is further amended to read:
"Section 50-9-450. The license fee for residents of this State for
fishing by use of manufactured tackle, equipment, or artificial bait other than
hook and line, is ten dollars. The license shall entitle the holder to fish in
any of the freshwaters of this State without purchasing any other license or
permit. The license must be obtained from the Wildlife and Marine Resources
Department or its agents. One dollar of the fee must be retained by the agent
issuing the license and the remaining portion of the proceeds of the sale of the
license must be remitted to the South Carolina Wildlife and Marine Resources
Department for use only for the rearing, protection, propagation, and
distribution of fish and game and the enforcement of the laws pertaining thereto,
including salaries of enforcement and administrative personnel of the department
and the publicity and dissemination of information, facts, and findings the
department considers wise. Residents of this State may purchase a temporary
license to permit them to fish for fourteen consecutive days for a fee of five
dollars, the sales agent retaining one dollar of the fee and the remaining
proceeds remitted to the department to be used as above provided."
Nonresident fishing license
SECTION 8. Section 50-9-460 of the 1976 Code, as last amended by Act 94 of
1981, is further amended to read:
"Section 50-9-460. All nonresidents of this State, before fishing for
game or other fish in any manner in the inland streams or waters of this State,
shall first procure a nonresident fishing license, the fee for which is
thirty-five dollars, one dollar of which may be retained by the issuing agent.
The license must be in form and design as designated by the director and must be
carried upon the person of the licensee at all times when fishing. It is
unlawful for the licensee, the selling agent, or any other person to alter or to
change the date or to back date any license. Upon conviction for violation of
this section the license shall immediately be forfeited to the State. Any person
violating the provisions of this section must, upon conviction, be punished by
a fine of two hundred dollars of which no part may be suspended in whole or in
part or be imprisoned for a period not exceeding thirty days for each offense.
All proceeds from the sale of nonresident fishing licenses and from fines and
forfeitures from convictions of violations of this section must be credited to
the county game fund of any county in which the licenses are sold, and the funds
must be expended in the respective counties for the purposes of propagation of
fish and game, for the promotion and conservation of wildlife resources, and for
the enforcement of game laws."
Temporary nonresident fishing license
SECTION 9. Section 50-9-470 of the 1976 Code, as last amended by Section 9 of
Act 94 of 1981, is further amended to read:
"Section 50-9-470. In lieu of obtaining a regular annual nonresident
fishing license provided for by Section 50-9-460, a nonresident of this State may
procure a temporary nonresident license for the purpose of fishing for game fish
or other fish in this State. The temporary license shall authorize the licensee
to fish in any of the waters of this State for a period of ten specified
consecutive days, in accordance with other regulations provided by law, and the
license is valid for the period specified. The fee for the license is twenty
dollars and fifty cents. Of this amount one dollar may be retained by the agent
selling a license and the balance must be remitted by the agent to the Division
of Game and deposited in the State Treasury in the game protection fund. The
department must at the end of each calendar year, credit the Santee-Cooper funds
with an amount equal to the sum collected during the calendar year 1956 from the
temporary license then in effect for those waters. If there is a general decline
in revenue from all sources of the Division of Game, the amount credited may be
reduced by the same percentage of the decline."
Special "reservoirs, lakes, and streams fresh water permit"
SECTION 10. Section 50-9-500 of the 1976 Code, as last amended by Section 10
of Act 94 of 1981, is further amended to read:
"Section 50-9-500. It is unlawful for any resident of the State to fish
in any of the waters of this State described in this section with nonmanufactured
tackle or natural bait unless he has first obtained a special 'reservoirs, lakes,
and streams freshwater permit'. No person licensed under the provisions of
Sections 50-9-10, 50-9-15, or 50-9-450 is required to purchase a permit.
The permits must be obtained from the Wildlife and Marine Resources 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.
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
9 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."
Exemption
SECTION 11. Section 50-9-860 of the 1976 Code is amended to read:
"Section 50-9-860. No child under sixteen years of age is required to
procure a hunting or fishing license or any other permit or license required for
hunting or fishing."
Exemption
SECTION 12. Notwithstanding the increases in the fees for existing hunting and
fishing licenses or permits imposed by this act, any person who has been a
resident of this State for at least one year and who has attained the age of
sixty-five may continue to obtain existing hunting or fishing licenses or permits
without cost in the manner provided by law, and is further authorized to obtain
without cost any new licenses or permits established by this act.
Destructive wildlife
SECTION 13. Section 50-11-60 of the 1976 Code is amended to read:
"Section 50-11-60. Where wildlife is destroying property the Wildlife and
Marine Resources Department, upon the request of the property owner, may issue
a permit authorizing the property owner, under the supervision of the Wildlife
and Marine Resources Department, to take whatever action is necessary to remove
the destructive wildlife from his property."
Combination hunting and fishing license
SECTION 14. Section 50-9-10 of the 1976 Code, as last amended by Act 94 of
1981, is further amended to read:
"Section 50-9-10. A resident of this State may obtain, in the same manner
as other fishing and hunting licenses are obtained, a combination fishing and
hunting license in lieu of separate licenses for each activity. The combined
license shall grant to the licensee the same privileges as that of a statewide
fishing license, a statewide hunting license, and the resident big game permit.
The cost of the license is seventeen dollars.
One dollar of the fee may be retained by the issuing agent and the balance
remitted to the South Carolina Wildlife and Marine Resources Department.
One-half of the fee must be used in the same manner as statewide fishing license
revenue and the other half in the same manner as statewide revenue from hunting
licenses."
PART II
Department to promulgate regulations
SECTION 1. Section 50-9-150 of the 1976 Code, as last amended by Section 1 of
Act 413 of 1984, is further amended to read:
"Section 50-9-150. The South Carolina Wildlife and Marine Resources
Department shall promulgate regulations requiring persons sixteen and above who
hunt on wildlife management areas to purchase a permit. The annual cost of a
permit is not more than thirty dollars and fifty cents for state residents and
not more than seventy-six dollars for nonresidents. The permit is valid for the
year in which it is issued. One dollar of the permit cost may be retained by the
issuing agent and the balance paid to the department. The funds so derived by the
department must be retained and used exclusively for the procurement of wildlife
management areas by rent, lease, or exchange and the management of the areas. The
number of nonresident permits sold during a particular year shall not exceed the
ratio of the number of nonresident permits sold for the previous year versus all
permits sold to both residents and nonresidents for the previous year times the
total number of permits sold in the previous year to both residents and
nonresidents. Provided however permits issued for one day only must be issued
at a cost of no more than five dollars and fifty cents for state residents.
Providing further, that the one day permits will be issued from the department
headquarters only upon the request of a hunter who has been drawn to participate
in a wildlife department sponsored hunt.
The department may not lease any land for the Wildlife Management Area Program
which during the preceding twenty-four months has been held under a private
hunting lease by a club or individual. This restriction does not apply if the
former lessee executes a voluntary consent to the proposed wildlife management
area lease, the lessor cancels the lease for cause, or to lands which during the
twenty-four months prior to the effective date of this act were in the game
management area program. The department may not pay more than the fair market
value in the area for any lease acquired under this program. The department may
not have under lease at any one time more than one million six hundred thousand
acres in the Wildlife Management Area Program. The department may establish open
and closed seasons, bag limits, and methods for taking game on all wildlife
management areas."
Penalties
SECTION 2. Chapter 11 of Title 50 of the 1976 Code is amended by adding:
"Article 8
Penalties for Abuse of
Wildlife Management Area Lands
Section 50-11-1610. The abuse of wildlife management area land and
improvements thereon is unlawful. Any person who damages or destroys wildlife
management area land or improvements on them, including, but not limited to
roads, vegetation, buildings, structures, or fences or leaves refuse, trash, or
other debris on the property or sets, makes, or builds a fire except in an area
specially designated by the department or landowner as a campfire area, is guilty
of a misdemeanor and upon conviction must be fined the sum of two hundred dollars
and be required to make restitution to the landowner in an amount determined by
the court to be necessary to repair, rebuild, restore, or cleanup the property
to its condition before the abuse occurred. Any person failing to make
restitution within the time limit set by the court shall serve a mandatory ten
day sentence in the county jail which sentence may not be suspended in whole or
in part. The provisions of this section are in addition to other criminal
penalties.
Section 50-11-1620. Any person violating the provisions of Section 50-11-1610
shall, in addition to the penalties prescribed, lose the privileges of entering
onto wildlife management area land for a period of one year. Any person
convicted twice within a three year period of a violation of Section 50-11-1610
or within the same period of time convicted twice of unlawful commercial hunting
or fishing on wildlife management area lands, is in addition to the penalties
prescribed in Section 50-11-1610 forever barred from obtaining a Wildlife
Management Area permit and shall lose his right to hunt and fish within the State
for a period of one year. The provisions of this section are in addition to
other criminal penalties."
Leasing of property to wildlife management
area programs
SECTION 3. Before any person may lease property to the Wildlife Management Area
Program, there must be either public or private access to the property available
for use by individuals hunting the property under the program during the term of
the lease.
Point system
SECTION 4. Section 50-9-1020 of the 1976 Code, as last amended by Section 18
of Act 68 of 1985, is further amended to read:
"Section 50-9-1020. There is hereby established the following point
system to be used by the South Carolina Wildlife and Marine Resources Department
in suspending hunting and fishing privileges of those persons participating in
those activities within this State.
Violation Points1. COMMON VIOLATIONS
(a) Resisting arrest by the use of force,
violence, or weapons against the person or
any employee of the department while engaged
in his duties, any law enforcement officer
aiding in the work of the department or any
federally commissioned employee engaged in
like or similar employment 18
(b) Attempting escape after lawful arrest 14
(c) Hunting or fishing in a state sanctuary
at any time 14
(d) Hunting, fishing, or trapping out of
season (except in a state sanctuary) 10
(e) Selling game or game fish 14
(f) Taking game or fish in any illegal
manner not mentioned specifically elsewhere
in this section 8
(g) Using a borrowed or altered hunting or
fishing license 10
(h) Taking more than the legal limit of game
or fish 8
(i) Hunting or fishing without a license in
possession 6
(j) Trespassing to hunt, fish, or trap 10
(k) Violating Game Management area
regulations 8
No points shall be assessed by authority of item (f) for fish taken on the
seaward side of the saltwater-freshwater dividing lines as provided in Section
50-17-35 of the 1976 Code.
2. HUNTING VIOLATIONS
(a) Killing or attempting to kill or molest
deer from a motorboat 14
(b) Night hunting deer or bear 18
(c) Illegal transportation of furs or hides
and possession of untagged hides 10
(d) Trapping quail or wild turkeys 10
(e) Hunting over bait 8
(f) Killing or possession of antlerless
deer, except as expressly provided by law 14
(g) Illegally night hunting other game, except
deer, or hunting game in prohibited hours 8
(h) Buckshot in possession illegally 5
(i) Unplugged gun in possession while
hunting--violation of Section 50-11-10 of
the 1976 Code 4
(j) Killing or possessing of male wild turkeys
(gobblers) during the closed season and
killing or possessing wild turkey hens except
as expressly provided by law 18
(k) Roost shooting of wild turkeys between
official sunset and official sunrise 18
(l) Shooting wild turkeys over bait 18
(m) Hunting wild turkeys over bait 10
(n) Trespassing to hunt waterfowl 18
(o) Hunting waterfowl over bait 10
(p) Shooting waterfowl over bait 10
3. FISHING VIOLATIONS
Trapping, netting, or seining game fish
illegally 10."
Penalty
SECTION 5. Section 50-9-1100 of the 1976 Code is amended to read:
"Section 50-9-1100. Any person who hunts or fishes while under suspension
shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined not
less than two hundred fifty dollars nor more than five hundred dollars or
imprisoned for not more than one year or both and such person shall have his
hunting and fishing privileges suspended for an additional three year period for
each such offense."
Penalty
SECTION 6. Section 50-9-250 of the 1976 Code is amended to read:
"Section 50-9-250. Any nonresident who violates any of the provisions of
Sections 50-9-130, 50-9-135, 50-9-190, 50-9-210 and 50-9-220 shall upon
conviction be fined two hundred dollars or be imprisoned for not less than
forty-eight hours nor more than thirty days or both. Notwithstanding any other
provision of law, no part of the monetary fine may be suspended in whole or in
part."
Penalty
SECTION 7. Section 50-9-240 of the 1976 Code is amended to read:
"Section 50-9-240. Any resident of the State who violates any of the
provisions of Sections 50-9-190, 50-9-210, or 50-9-15 shall, upon conviction, be
fined not less than one hundred nor more than two hundred dollars or be
imprisoned not more than thirty days."
Criteria to be used by department
SECTION 8. The 1976 Code is amended by adding:
"Section 50-3-316. The South Carolina Wildlife and Marine Resources
Commission shall,
in employing Conservation officers, use the criteria as required by the Division
of Human Resource Management and the South Carolina Wildlife and Marine Resources
Commission, which shall include but is not limited to, a written examination,
physical examination and interview. Each applicant shall be required to perform
at minimal levels as required by the Division of Human Resource Management and
the South Carolina Wildlife and Marine Resources Commission.
The Commission, when employing conservation officers within a particular
county, must hire those applicants, if any, who meet the minimum employment
qualification requirements as required by the Division of Human Resource
Management and the South Carolina Wildlife and Marine Resources Commission and
who reside within that particular county before the Department may hire other
qualified applicants who reside outside that county.
If more than one vacancy exists in a county, the resident candidate with the
next highest score will be chosen to fill the second vacancy. Additional
vacancies would be filled in the same manner.
If there are no candidates for that county who meet the minimum requirements,
the vacancy will be filled by the top scoring candidate regardless of county of
residence."
Penalty
SECTION 9. Section 50-9-550 of the 1976 Code is amended to read:
"Section 50-9-550. Anyone convicted of violating any of the provisions
of Sections 50-9-420 and 50-9-510 shall be sentenced to pay a fine of not less
than one hundred dollars nor more than two hundred dollars or to serve not less
than forty-eight hours nor more than thirty days."
Penalty
SECTION 10. Section 50-9-560 of the 1976 Code is amended to read:
"Section 50-9-560. Any person violating the provisions of Sections
50-9-470 and 50-9-480, shall, upon conviction, be punished by a fine of two
hundred dollars or by imprisonment for not less than forty-eight hours nor more
than thirty days. Notwithstanding any other provision of law, no part of the
monetary fine may be suspended in whole or in part."
Time effective
SECTION 11. This act shall take effect upon approval by the Governor. |