H*3118(Rat #0028, Act #0041 of 2015)  General Bill, By Pitts and White

Similar(S 57, S 71)
 AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 50-11-525 SO AS TO AUTHORIZE THE DEPARTMENT OF NATURAL RESOURCES TO PROMULGATE
 REGULATIONS GOVERNING CERTAIN AREAS TO ESTABLISH SEASONS, DATES, AREAS, BAG
 LIMITS, AND OTHER RESTRICTIONS FOR HUNTING AND TAKING OF WILD TURKEY; BY
 ADDING SECTION 50-11-580 SO AS TO ESTABLISH MALE WILD TURKEY HUNTING SEASON AS
 MARCH 20 THROUGH MAY 5, DECLARE THE SATURDAY AND SUNDAY PRECEDING MARCH 20 OF
 EACH YEAR TO BE "SOUTH CAROLINA YOUTH TURKEY HUNTING WEEKEND" AND PROVIDE A
 PROCEDURE FOR YOUTH TURKEY HUNTING ON THIS WEEKEND, TO PROVIDE A WILD TURKEY
 BAG LIMIT, TO REQUIRE THE DEPARTMENT OF NATURAL RESOURCES TO REPORT TO THE
 GENERAL ASSEMBLY CERTAIN WILD TURKEY RESOURCES INFORMATION INCLUDING
 RECOMMENDATIONS REGARDING THE SEASON AND THE BAG LIMITS; TO AMEND SECTIONS
 50-11-530, 50-11-540, AND 50-11-544, ALL RELATING TO THE DEPARTMENT OF NATURAL
 RESOURCES' REGULATION OF THE HUNTING OF WILD TURKEYS, SO AS TO REVISE THE
 DEPARTMENT'S AUTHORITY TO REGULATE THE HUNTING OF WILD TURKEYS, TO ALLOW THE
 DEPARTMENT TO PROMULGATE EMERGENCY REGULATIONS FOR THE PROPER CONTROL OF THE
 HARVESTING OF WILD TURKEYS, TO REVISE THE PENALTIES FOR VIOLATING THE
 PROVISIONS THAT REGULATE THE HUNTING OF WILD TURKEYS, AND TO PROVIDE THAT ALL
 WILD TURKEY TRANSPORTATION TAGS MUST BE VALIDATED AS PRESCRIBED BY THE
 DEPARTMENT BEFORE A TURKEY IS MOVED FROM THE POINT OF KILL; AND TO SUSPEND THE
 PROVISIONS OF SECTION 50-11-520 UPON THE EFFECTIVE DATE OF THE ACT UNTIL
 NOVEMBER 7, 2018, WHEN SECTION 50-11-580 IS REPEALED. - ratified title

   12/11/14  House  Prefiled
   12/11/14  House  Referred to Committee on Agriculture, Natural
                     Resources and Environmental Affairs
   01/13/15  House  Introduced and read first time (House Journal-page 102)
   01/13/15  House  Referred to Committee on Agriculture, Natural
                     Resources and Environmental Affairs
                     (House Journal-page 102)
   01/29/15  House  Committee report: Favorable with amendment
                     Agriculture, Natural Resources and Environmental
                     Affairs (House Journal-page 2)
   02/03/15  House  Member(s) request name added as sponsor: White
   02/03/15  House  Amended (House Journal-page 39)
   02/03/15  House  Read second time (House Journal-page 39)
   02/03/15  House  Roll call Yeas-111  Nays-1 (House Journal-page 41)
   02/04/15  House  Read third time and sent to Senate
                     (House Journal-page 24)
   02/04/15  Senate Introduced and read first time (Senate Journal-page 38)
   02/04/15  Senate Referred to Committee on Fish, Game and Forestry
                     (Senate Journal-page 38)
   02/10/15  Senate Polled out of committee Fish, Game and Forestry
                     (Senate Journal-page 9)
   02/10/15  Senate Committee report: Favorable Fish, Game and
                     Forestry (Senate Journal-page 9)
   02/19/15  Senate Amended (Senate Journal-page 6)
   02/19/15  Senate Read second time (Senate Journal-page 6)
   02/19/15  Senate Roll call Ayes-43  Nays-1 (Senate Journal-page 6)
   02/20/15         Scrivener's error corrected
   02/24/15  Senate Read third time and returned to House with
                     amendments (Senate Journal-page 17)
   02/27/15         Scrivener's error corrected
   03/04/15  House  Returned to Senate with amendments
   03/05/15  Senate Non-concurrence in House amendment
                     (Senate Journal-page 34)
   03/05/15  Senate Roll call Ayes-0  Nays-42 (Senate Journal-page 34)
   03/18/15  House  House insists upon amendment and conference
                     committee appointed Reps. Pitts, Ott, and Hixon
                     (House Journal-page 32)
   03/18/15  Senate Conference committee appointed Campsen, Coleman,
                     and S. Martin (Senate Journal-page 14)
   03/25/15  House  Free conference powers granted (House Journal-page 75)
   03/25/15  House  Roll call Yeas-107  Nays-0 (House Journal-page 75)
   03/25/15  House  Free conference committee appointed Pits, Ott, Hixon
   03/26/15  Senate Free conference powers granted (Senate Journal-page 48)
   03/26/15  Senate Free conference committee appointed Campsen,
                     Coleman, and S. Martin (Senate Journal-page 48)
   03/26/15  Senate Free conference report adopted (Senate Journal-page 48)
   03/26/15  Senate Roll call Ayes-43  Nays-1 (Senate Journal-page 48)
   04/15/15  House  Free conference report received and adopted
                     (House Journal-page 7)
   04/15/15  House  Roll call Yeas-100  Nays-0 (House Journal-page 10)
   05/07/15         Ratified R 28
   05/07/15         Signed By Governor
   05/14/15         Effective date See Act for Effective Date
   06/09/15         Act No. 41

(A41, R28, H3118)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-525 SO AS TO AUTHORIZE THE DEPARTMENT OF NATURAL RESOURCES TO PROMULGATE REGULATIONS GOVERNING CERTAIN AREAS TO ESTABLISH SEASONS, DATES, AREAS, BAG LIMITS, AND OTHER RESTRICTIONS FOR HUNTING AND TAKING OF WILD TURKEY; BY ADDING SECTION 50-11-580 SO AS TO ESTABLISH MALE WILD TURKEY HUNTING SEASON AS MARCH 20 THROUGH MAY 5, DECLARE THE SATURDAY AND SUNDAY PRECEDING MARCH 20 OF EACH YEAR TO BE "SOUTH CAROLINA YOUTH TURKEY HUNTING WEEKEND" AND PROVIDE A PROCEDURE FOR YOUTH TURKEY HUNTING ON THIS WEEKEND, TO PROVIDE A WILD TURKEY BAG LIMIT, TO REQUIRE THE DEPARTMENT OF NATURAL RESOURCES TO REPORT TO THE GENERAL ASSEMBLY CERTAIN WILD TURKEY RESOURCES INFORMATION INCLUDING RECOMMENDATIONS REGARDING THE SEASON AND THE BAG LIMITS; TO AMEND SECTIONS 50-11-530, 50-11-540, AND 50-11-544, ALL RELATING TO THE DEPARTMENT OF NATURAL RESOURCES' REGULATION OF THE HUNTING OF WILD TURKEYS, SO AS TO REVISE THE DEPARTMENT'S AUTHORITY TO REGULATE THE HUNTING OF WILD TURKEYS, TO ALLOW THE DEPARTMENT TO PROMULGATE EMERGENCY REGULATIONS FOR THE PROPER CONTROL OF THE HARVESTING OF WILD TURKEYS, TO REVISE THE PENALTIES FOR VIOLATING THE PROVISIONS THAT REGULATE THE HUNTING OF WILD TURKEYS, AND TO PROVIDE THAT ALL WILD TURKEY TRANSPORTATION TAGS MUST BE VALIDATED AS PRESCRIBED BY THE DEPARTMENT BEFORE A TURKEY IS MOVED FROM THE POINT OF KILL; AND TO SUSPEND THE PROVISIONS OF SECTION 50-11-520 UPON THE EFFECTIVE DATE OF THE ACT UNTIL NOVEMBER 7, 2018, WHEN SECTION 50-11-580 IS REPEALED.

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

Department of Natural Resources authorization to promulgate regulations relating to hunting and taking of wild turkey

SECTION    1.    Article 3, Chapter 11, Title 50 of the 1976 Code is amended by adding:

"Section 50-11-525.    The department may promulgate regulations for wildlife management areas, heritage trust lands, and other properties owned or leased by the department to establish seasons, dates, areas, bag limits, and other restrictions for hunting and taking of wild turkey."

Season for hunting and taking of wild turkey, bag limits, "Youth Turkey Hunting Weekend" established

SECTION    2.    Article 3, Chapter 11, Title 50 of the 1976 Code is amended by adding:

"Section 50-11-580.    (A)    Notwithstanding the provisions of Section 50-11-520 or any other provision of law or regulation, the season for hunting and taking a male wild turkey is March 20 through May 5.

(B)    The Saturday and Sunday preceding March 20 of each year is declared to be 'Youth Turkey Hunting Weekend'. A person less than eighteen years of age shall be considered a youth hunter. The license and permit requirements for hunting turkey are waived for youth hunters during Youth Turkey Hunting Weekend; however, youth hunters must still possess a set of turkey tags while hunting during Youth Turkey Hunting Weekend. A licensed hunter at least twenty-one years of age must accompany a youth hunter in the field and may not harvest or attempt to harvest turkey during Youth Turkey Hunting Weekend, but is permitted to call turkeys for the youth hunter. The licensed hunter that accompanies the youth hunter must have a valid South Carolina hunting license, big game permit, and wildlife management area permit if applicable.

(C)    The season bag limit per person for male wild turkeys is three, which may be taken by any lawful means. The season bag limit contained in this section is statewide.

(D)    The daily bag limit per person for male wild turkeys is two, which may be taken by any lawful means. The daily bag limit contained in this section is statewide.

(E)    The department shall conduct an analysis of the wild turkey resources in South Carolina and issue a draft report recommending any changes to the wild turkey season and bag limits. This report shall be provided to the General Assembly within one hundred eighty days of the conclusion of the third turkey season following the effective date of this section.

(F)    The department shall provide an annual report of the wild turkey resources in South Carolina to the Chairman of the Senate Fish, Game and Forestry Committee and the Chairman of the House Agriculture and Natural Resources Committee."

Department of Natural Resources authorization to promulgate regulations relating    to harvesting of wild turkeys in game zones

SECTION    3.    Section 50-11-530 of the 1976 Code is amended to read:

"Section 50-11-530.    The department may promulgate emergency regulations considered necessary and expedient for the proper control of the harvesting of wild turkeys in the game zones."

Crimes and offenses, illegal taking of wild turkey, fine increased

SECTION    4.    Section 50-11-540 of the 1976 Code is amended to read:

"Section 50-11-540.    Any person taking, attempting to take, or having in his possession turkey illegally or taking, attempting to take, or killing turkey in any way not prescribed by the department is guilty of a misdemeanor and, upon conviction, must be fined not less than fifty dollars nor more than five hundred dollars or imprisoned for not more than thirty days. In addition, a person taking a wild turkey unlawfully must be required to make restitution to the department in the amount of up to five hundred dollars for each bird taken. In addition, a person convicted of taking a wild turkey illegally forfeits hunting and fishing privileges for one year for each bird taken."

Wild turkey transportation tags, validation of tags required

SECTION    5.    Section 50-11-544 of the 1976 Code is amended to read:

"Section 50-11-544.    A person who hunts wild turkeys is required to possess a set of wild turkey transportation tags issued by the department at no cost. All turkeys taken must be tagged before being moved from the point of kill. All tags must be validated as prescribed by the department before a turkey is moved from the point of kill. No person may obtain or possess more than one set of turkey tags."

Savings clause

SECTION    6.    The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

Time effective

SECTION    7.    This act takes effect on June 30, 2015. Provided, upon the effective date of this act until November 7, 2018, the provisions of Section 50-11-520 are suspended. On November 7, 2018, the turkey hunting seasons and bag limits in effect for the respective counties prior to the effective date of this act and delineated in Section 50-11-520 are effective, and Section 50-11-580 is repealed.

Ratified the 7th day of May, 2015.

Approved the 7th day of May, 2015.