S*0283(Rat #0113, Act #0084 of 2007)  General Bill, By Grooms and Campsen
 AN ACT TO AMEND SECTION 50-11-2200, AS AMENDED, CODE OF LAWS OF SOUTH
 CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF WILDLIFE MANAGEMENT AREAS BY
 THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO DELETE THE PROVISION THAT ALLOWS
 THE DEPARTMENT TO ESTABLISH OPEN AND CLOSED SEASONS, BAG LIMITS, AND METHODS
 FOR HUNTING AND TAKING WILDLIFE, TO PROVIDE THAT THE DEPARTMENT MAY PROMULGATE
 REGULATIONS FOR HUNTING AND TAKING WILDLIFE, TO DELETE THE PROVISION THAT
 ALLOWS THE DEPARTMENT TO PROMULGATE CERTAIN REGULATIONS RELATING TO LAND OWNED
 BY THE DEPARTMENT, TO ALLOW THE DEPARTMENT TO PROMULGATE CERTAIN REGULATIONS
 RELATING TO WILDLIFE MANAGEMENT AREAS, TO PROVIDE THAT CERTAIN ACTS CONTAINED
 IN THIS SECTION ARE UNLAWFUL ON ALL WILDLIFE MANAGEMENT AREAS AND ALL OTHER
 LANDS OWNED BY THE DEPARTMENT, TO PROVIDE THAT POSSESSION OF ALCOHOLIC
 BEVERAGES ON LAND DESIGNATED FOR HUNTING IS PROHIBITED AND IS UNLAWFUL ON ALL
 WILDLIFE MANAGEMENT AREAS, AND TO PROVIDE THAT NOTHING CONTAINED IN THIS
 SECTION SHALL INTERFERE WITH THE USE AND MANAGEMENT OF LANDS BY A STATE AGENCY
 IN CHARGE OF THESE LANDS IN THE FUNCTIONS OF THE AGENCY; AND TO AMEND SECTION
 50-11-2220, AS AMENDED, RELATING TO CERTAIN PENALTIES ASSOCIATED WITH THE
 ABUSE OF WILDLIFE MANAGEMENT AREA LAND OR IMPROVEMENTS MADE TO THE LAND, SO AS
 TO MAKE TECHNICAL CHANGES AND PROVIDE FOR AN ADDITIONAL PENALTY. - ratified
 title

   01/17/07  Senate Introduced and read first time SJ-7
   01/17/07  Senate Referred to Committee on Fish, Game and Forestry SJ-7
   02/08/07  Senate Committee report: Favorable with amendment Fish,
                     Game and Forestry SJ-6
   02/28/07  Senate Amended SJ-25
   02/28/07  Senate Read second time SJ-25
   03/01/07         Scrivener's error corrected
   04/19/07  Senate Amended SJ-18
   04/19/07  Senate Read third time and sent to House SJ-18
   04/20/07         Scrivener's error corrected
   04/24/07  House  Introduced and read first time HJ-5
   04/24/07  House  Referred to Committee on Agriculture, Natural
                     Resources and Environmental Affairs HJ-5
   05/24/07  House  Committee report: Favorable with amendment
                     Agriculture, Natural Resources and Environmental
                     Affairs HJ-14
   05/30/07  House  Debate adjourned until Tuesday, June 5, 2007 HJ-26
   06/05/07  House  Amended HJ-32
   06/05/07  House  Read second time HJ-33
   06/06/07  House  Read third time and returned to Senate with
                     amendments HJ-11
   06/06/07  Senate Concurred in House amendment and enrolled
   06/07/07         Ratified R 113
   06/14/07         Signed By Governor
   06/20/07         Copies available
   06/20/07         Effective date 06/14/07
   06/27/07         Act No. 84

(A84, R113, S283)

AN ACT TO AMEND SECTION 50-11-2200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF WILDLIFE MANAGEMENT AREAS BY THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO DELETE THE PROVISION THAT ALLOWS THE DEPARTMENT TO ESTABLISH OPEN AND CLOSED SEASONS, BAG LIMITS, AND METHODS FOR HUNTING AND TAKING WILDLIFE, TO PROVIDE THAT THE DEPARTMENT MAY PROMULGATE REGULATIONS FOR HUNTING AND TAKING WILDLIFE, TO DELETE THE PROVISION THAT ALLOWS THE DEPARTMENT TO PROMULGATE CERTAIN REGULATIONS RELATING TO LAND OWNED BY THE DEPARTMENT, TO ALLOW THE DEPARTMENT TO PROMULGATE CERTAIN REGULATIONS RELATING TO WILDLIFE MANAGEMENT AREAS, TO PROVIDE THAT CERTAIN ACTS CONTAINED IN THIS SECTION ARE UNLAWFUL ON ALL WILDLIFE MANAGEMENT AREAS AND ALL OTHER LANDS OWNED BY THE DEPARTMENT, TO PROVIDE THAT POSSESSION OF ALCOHOLIC BEVERAGES ON LAND DESIGNATED FOR HUNTING IS PROHIBITED AND IS UNLAWFUL ON ALL WILDLIFE MANAGEMENT AREAS, AND TO PROVIDE THAT NOTHING CONTAINED IN THIS SECTION SHALL INTERFERE WITH THE USE AND MANAGEMENT OF LANDS BY A STATE AGENCY IN CHARGE OF THESE LANDS IN THE FUNCTIONS OF THE AGENCY; AND TO AMEND SECTION 50-11-2220, AS AMENDED, RELATING TO CERTAIN PENALTIES ASSOCIATED WITH THE ABUSE OF WILDLIFE MANAGEMENT AREA LAND OR IMPROVEMENTS MADE TO THE LAND, SO AS TO MAKE TECHNICAL CHANGES AND PROVIDE FOR AN ADDITIONAL PENALTY.

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

The establishment of wildlife management areas

SECTION    1.    Section 50-11-2200 of the 1976 Code, as last amended by Act 70 of 2001, is further amended to read:

"Section 50-11-2200.    (A)    Subject to available funding, the department shall acquire sufficient wildlife habitat through lease or purchase or otherwise to establish wildlife management areas for the protection, propagation, and promotion of fish and wildlife and for public hunting and fishing. 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 not pay more than fair market value for the lease of lands in the area. The department may not lease land for the program which, during the preceding twenty-four months, was held under a private hunting lease. However, this restriction does not apply:

(1)    if the former lessee executes a voluntary consent to the proposed wildlife management area lease;

(2)    if the lessor cancels the lease; or

(3)    to any lands which, during the twenty-four months before June 5, 1986, were in the game management area program. The department may promulgate regulations for hunting and taking wildlife on all wildlife management areas.

(B)    The department may promulgate regulations for the protection, preservation, operation, maintenance, and use of wildlife management areas.

(C)    The following acts or conduct are prohibited and shall be unlawful on all wildlife management areas and all other lands owned by the department; provided, however, the department may promulgate regulations allowing any of the acts or conduct by prescribing acceptable times, locations, means, and other appropriate restrictions not inconsistent with the protection, preservation, operation, maintenance, and use of such lands:

(1)    hunting or taking wildlife or fish during closed season;

(2)    exceeding bag or creel limits;

(3)    hunting or taking wildlife;

(4)    hiking;

(5)    rock climbing;

(6)    operation of motorized and nonmotorized vehicles;

(7)    swimming;

(8)    camping;

(9)    horse riding;

(10)    operation of boats;

(11)    possession of pets;

(12)    gathering plants;

(13)    use of fire, except by the department for management purposes;

(14)    polluting or contaminating any water;

(15)    acting in a disorderly manner or creating any noise which would result in annoyance to others;

(16)    operating or using audio device, including radio, television, musical instruments, or any other noise producing devices, such as electrical generators, and equipment driven by motor engines, in such a manner and at such times as to disturb other persons and no person shall operate or use any public address system;

(17)    possession of alcoholic beverages on land designated for hunting.

(D)    A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five dollars nor more than two hundred dollars or be imprisoned for not more than thirty days, or both.

(E)    Nothing contained in this section shall interfere in any manner with the use and management of lands by a state agency in charge of these lands in the functions of the agency as authorized by law."

Penalties for abusing wildlife management area, land improvements

SECTION    2.    Section 50-11-2220 of the 1976 Code, as last amended by Act 257 of 2002, is further amended to read:

"Section 50-11-2220.    A person convicted twice within a three-year period of abusing, damaging, or destroying wildlife management area land or improvements shall lose the privilege of entering onto wildlife management areas for one year. A person who enters a wildlife management area after losing the privilege to enter 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 and, in addition, shall lose the privilege to enter wildlife management areas for an additional two years and the privilege to hunt and fish for one year. The provisions of this section are in addition to other criminal penalties."

Time effective

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

Ratified the 8th day of June, 2007.

Approved the 14th day of June, 2007.