H*4703(Rat #0429, Act #0353 of 2000)  General Bill, By Sharpe and Witherspoon
 A BILL TO AMEND CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO PROTECTION OF GAME, BY ADDING SECTION 50-11-100, RELATING TO
 WILDLIFE, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO CONSTRUCT A NEW ENCLOSURE
 WHICH PREVENTS OR MATERIALLY IMPEDES THE FREE RANGE OF DEER BEING HUNTED, TO
 REQUIRE OWNERS OR LESSEES OF PROPERTY WHICH HAVE ENCLOSURES WHICH PREVENT OR
 MATERIALLY IMPEDE THE FREE RANGE OF THE DEER BEING HUNTED TO REGISTER WITH THE
 DEPARTMENT OF NATURAL RESOURCES WITHIN THIRTY DAYS AFTER THE EFFECTIVE DATE OF
 THIS SECTION, TO LIMIT EXPANSION OF ENCLOSURES, AND TO PROVIDE PENALTIES FOR
 VIOLATIONS OF THIS SECTION; AND TO AMEND CHAPTER 11, TITLE 50, BY ADDING
 SECTION 50-11-1145, SO AS TO PROVIDE THAT THE OWNER, LESSEE, OR PERSON IN
 LAWFUL POSSESSION OF LAND WHEREON AN ENCLOSURE FOR RUNNING RABBITS WITH DOGS
 HAS BEEN ERECTED MAY TRAP PREDATORY ANIMALS WITHIN THE ENCLOSURE USING A
 CAGE-TYPE TRAP THAT DOES NOT INJURE OR KILL THE ANIMAL, TO PROHIBIT THE USE OF
 POLE-TOP TRAPS, STEEL TRAPS, FOOT-HOLD TRAPS, RUBBER PADDED TRAPS, BODY
 GRIPPING TRAPS, OR TRAPS THAT INJURE OR KILL AN ANIMAL, AND TO REQUIRE THAT
 ALL ANIMALS TRAPPED MUST BE RELEASED BACK INTO THE WILD UNHARMED.-AMENDED
 TITLE

   02/29/00  House  Introduced and read first time HJ-8
   02/29/00  House  Referred to Agriculture, Natural Resources and
                     Environmental Affairs HJ-8
   04/05/00  House  Committee report: Favorable with amendment
                     Agriculture, Natural Resources and Environmental
                     Affairs HJ-11
   04/11/00  House  Debate adjourned until Wednesday, April 12, 2000 HJ-28
   04/12/00  House  Debate adjourned until Thursday, April 13, 2000 HJ-35
   04/13/00  House  Amended HJ-39
   04/13/00  House  Requests for debate-Rep(s). Easterday, Kennedy,
                     Young-Brickell, Delleney, Gourdine, Hosey,
                     Govan, Hayes, Clyburn, Chellis, Ott,
                     Witherspoon, Perry, Sharpe, Davenport, Quinn and
                     Knotts HJ-39
   05/03/00  House  Amended HJ-82
   05/03/00  House  Read second time HJ-86
   05/03/00  House  Roll call Yeas-90  Nays-10 HJ-86
   05/04/00  House  Read third time and sent to Senate HJ-116
   05/09/00  Senate Introduced and read first time SJ-7
   05/09/00  Senate Referred to Committee on Fish, Game and Forestry SJ-7
   05/09/00  Senate Recalled from Committee on Fish, Game and Forestry SJ-7
   05/24/00  Senate Read second time SJ-25
   05/24/00  Senate Ordered to third reading with notice of
                     amendments SJ-25
   05/30/00  Senate Special order SJ-68
   06/01/00  Senate Amended SJ-91
   06/01/00  Senate Read third time and returned to House with
                     amendments SJ-91
   06/01/00  House  Concurred in Senate amendment and enrolled HJ-73
   06/08/00         Ratified R 429
   06/14/00         Signed By Governor
   06/14/00         Effective date 06/14/00
   06/23/00         Copies available
   06/23/00         Act No. 353

AN ACT TO AMEND CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROTECTION OF GAME, BY ADDING SECTION 50-11-100, RELATING TO WILDLIFE, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO CONSTRUCT A NEW ENCLOSURE WHICH PREVENTS OR MATERIALLY IMPEDES THE FREE RANGE OF DEER BEING HUNTED, TO REQUIRE OWNERS OR LESSEES OF PROPERTY WHICH HAVE ENCLOSURES WHICH PREVENT OR MATERIALLY IMPEDE THE FREE RANGE OF THE DEER BEING HUNTED TO REGISTER WITH THE DEPARTMENT OF NATURAL RESOURCES WITHIN THIRTY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION, TO LIMIT EXPANSION OF ENCLOSURES, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION; AND TO AMEND CHAPTER 11, TITLE 50, BY ADDING SECTION 50-11-1145, SO AS TO PROVIDE THAT THE OWNER, LESSEE, OR PERSON IN LAWFUL POSSESSION OF LAND WHEREON AN ENCLOSURE FOR RUNNING RABBITS WITH DOGS HAS BEEN ERECTED MAY TRAP PREDATORY ANIMALS WITHIN THE ENCLOSURE USING A CAGE-TYPE TRAP THAT DOES NOT INJURE OR KILL THE ANIMAL, TO PROHIBIT THE USE OF POLE-TOP TRAPS, STEEL TRAPS, FOOT-HOLD TRAPS, RUBBER PADDED TRAPS, BODY GRIPPING TRAPS, OR TRAPS THAT INJURE OR KILL AN ANIMAL, AND TO REQUIRE THAT ALL ANIMALS TRAPPED MUST BE RELEASED BACK INTO THE WILD UNHARMED.

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

Unlawful to construct new enclosure; registration of owners or lessees; expansion of enclosures; penalties

SECTION 1. Article 1, Chapter 11, Title 50 of the 1976 Code is amended by adding:

"Section 50-11-100. (A) It is unlawful to construct a new enclosure which prevents or materially impedes the free range of the deer being hunted. For purposes of the definitions herein, 'prevents or materially impedes' means erecting a fence in excess of six feet in height from ground level for the express purpose of corralling wild game for hunting purposes.

(B) A person who violates a provision of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one thousand dollars nor more than two thousand five hundred dollars or imprisoned for not less than one year nor more than three years, or both. The hunting and fishing privileges of a person convicted under the provisions of this section must also be suspended for two years. In addition, the court in which a person violating this section is convicted may order that restitution be paid to the department of not less than one thousand five hundred dollars for each animal taken in violation of this section and shall be ordered to remove the enclosure.

(C)(1) All owners or lessees of property which have enclosures which prevent or materially impede the free range of the deer being hunted must register with the department within thirty days after the effective date of this section, provided, the enclosure is an existing, completed enclosure in that the construction of the enclosure is wholly complete in every respect and requires no further labor or material to erect or complete the construction of the enclosure thirty days after the effective date of this section.

(2) Except as provided in item (3), after an enclosure is registered with the department, the owner may expand but may not decrease the enclosed area. The owner may make repairs necessary for the care and maintenance of the enclosure.

(3) Expansion of a registered enclosure of less than seven hundred acres is limited to an aggregate of up to fifteen percent of the area of the enclosure as of the time the enclosure was registered. Expansion of a registered enclosure of seven hundred acres or more may not exceed an aggregate of four hundred acres.

(D) It is unlawful to hunt deer with dogs in an enclosure registered with the department pursuant to Section 50-11-100(C)(1).

(E) It is unlawful to construct any mound, platform, or other device designed to allow animals into an enclosed area.

(F) If any term or provision of this section is declared unconstitutional, illegal, or unenforceable by a court of competent jurisdiction, the remainder of this section is severable and remains in full force and effect."

Trapping predatory animals within enclosure; traps that may not be used; release of trapped animals

SECTION 2. Chapter 11, Title 50 of the 1976 Code is amended by adding:

"Section 50-11-1145. Notwithstanding any other provision of law, and at any time during the year, the owner, lessee, or person in lawful possession of land whereon an enclosure for running rabbits with dogs has been erected may trap fox, wildcat, bobcat, wolf, coyote, skunk, raccoons, and any other predatory animal within the enclosure when using a cage-type trap that does not injure or kill the animal. No pole-top trap, steel trap, foot-hold trap, rubber padded trap, body gripping trap, or trap that injures or kills an animal may be used to remove predatory animals from an enclosure, and all animals trapped in a cage-type trap must be released back into the wild unharmed at another location."

Time effective

SECTION 3. This act takes effect upon approval by the Governor.

Ratified the 8th day of June, 2000.

Approved the 14th day of June, 2000.