South Carolina Legislature


 

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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   04/03/86  House  Objection withdrawn by Rep.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   04/09/86  House  Objection withdrawn by Rep.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   04/10/86  House  Objection withdrawn by Rep.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.




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