H*3835 Session 104 (1981-1982)
H*3835(Rat #0572, Act #0462 of 1982) General Bill, By
House Agriculture and Natural Resources
Similar(S 982)
A Bill to amend Section 50-11-1050, as amended, Section 50-11-2080, Section
50-11-2090, Code of Laws of South Carolina, 1976, relating to unlawfully
taking turkeys and unlawfully hunting deer from boats or other water
conveyances or at night, so as to provide for Circuit Court actions to protect
interests of record owners and lienholders or other persons claiming an
interest in property subject to forfeiture and sale for violation of such
hunting statutes.
04/15/82 House Introduced, read first time, placed on calendar
without reference HJ-2178
04/20/82 House Debate adjourned HJ-2235
04/22/82 House Debate adjourned HJ-2320
04/27/82 House Read second time HJ-2613
04/28/82 House Read third time and sent to Senate HJ-2640
04/28/82 Senate Introduced and read first time SJ-15
04/28/82 Senate Referred to Committee on Fish, Game and Forestry SJ-15
05/26/82 Senate Committee report: Favorable Fish, Game and
Forestry SJ-77
05/31/82 Senate Read second time SJ-40
06/02/82 Senate Read third time and enrolled SJ-94
06/03/82 House Ratified R 572 HJ-3951
06/08/82 Signed By Governor
06/08/82 Effective date 06/08/82
06/08/82 Act No. 462
06/18/82 Copies available
(A462, R572, H3835)
AN ACT TO AMEND SECTION 50-11-1050, AS AMENDED, SECTION 50-11-2080, SECTION
50-11-2090, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFULLY TAKING
TURKEYS AND UNLAWFULLY HUNTING DEER FROM BOATS OR OTHER WATER CONVEYANCES OR AT
NIGHT, SO AS TO PROVIDE FOR CIRCUIT COURT ACTIONS TO PROTECT INTERESTS OF RECORD
OWNERS AND LIENHOLDERS OR OTHER PERSONS CLAIMING AN INTEREST IN PROPERTY SUBJECT
TO FORFEITURE AND SALE FOR VIOLATION OF SUCH HUNTING STATUTES.
Be it enacted by the General Assembly of the State of South Carolina:
Conviction for unlawfully hunting turkeys
Section 1. Section 50-11-1050 of the 1976 Code, as last amended by Act 24 of
1981, is further amended by striking the last paragraph and inserting:
"For purposes of this section a conviction for unlawfully hunting turkeys
is conclusive as against any convicted owner of the above mentioned property.
In all other instances forfeiture shall be accomplished by the initiation by
the State of an action in the circuit court in the county in which the property
was seized giving notice to owners of record and lienholders of record or other
persons having claimed an interest in the property subject to forfeiture and an
opportunity to appear and show, if they can, why the property should not be
forfeited and disposed of as provided for by this section. Failure of any person
claiming an interest in the property to appear at the above proceeding after
having been given notice thereof, shall constitute a waiver of his claim and the
property shall be immediately forfeited to the State.
Notice of the above proceedings shall be accomplished by: (a) personal service
of the owner of record or lienholder of record by certified copy of the petition
or notice of hearing or (b) in the case of property for which there is no owner
or lienholder of record, publication of notice in a newspaper of local
circulation in the county where the property was seized for a period of at least
two successive weeks before the hearing.
Property constituted forfeited property by this section shall be sold under the
same procedure prescribed in Section 50-11-2080."
Further
Section 2. Section 50-11-2080 of the 1976 Code is amended by adding before the
last paragraph the following:
"For purposes of this section a conviction for unlawfully hunting deer
from boats or other water conveyances is conclusive as against any convicted
owner of the above mentioned property.
In all other instances forfeiture shall be accomplished by the initiation by
the State of an action in the circuit court in the county in which the property
was seized giving notice to owners of record and lienholders of record or other
persons having claimed an interest in the property subject to forfeiture and an
opportunity to appear and show, if they can, why the property should not be
forfeited and disposed of as provided for by this section. Failure of any person
claiming an interest in the property to appear at the above proceeding after
having been given notice thereof, shall constitute a waiver of his claim and the
property shall be immediately forfeited to the State.
Notice of the above proceedings shall be accomplished by: (a) personal service
of the owner of record or lienholder of record by certified copy of the petition
or notice of hearing or (b) in the case of property for which there is no owner
or lienholder of record, publication of notice in a newspaper of local
circulation in the county where the property was seized for a period of at least
two successive weeks before the hearing."
Further
Section 3. Section 50-11-2090 of the 1976 Code is amended by adding at the end:
"For purposes of this section a conviction for unlawfully hunting deer at
night is conclusive as against any convicted owner of the above mentioned
property.
In all other instances forfeiture shall be accomplished by the initiation by
the State of an action in the circuit court in the county in which the property
was seized giving notice to owners of record and lienholders of record or other
persons having claimed an interest in the property subject to forfeiture and an
opportunity to appear and show, if they can, why the property should not be
forfeited and disposed of as provided for by this section. Failure of any person
claiming an interest in the property to appear at the above proceeding after
having been given notice thereof, shall constitute a waiver of his claim and the
property shall be immediately forfeited to the State.
Notice of the above proceedings shall be accomplished by: (a) personal service
of the owner of record or lienholder of record by certified copy of the petition
or notice of hearing or (b) in the case of property for which there is no owner
or lienholder of record, publication of notice in a newspaper of local
circulation in the county where the property was seized for a period of at least
two successive weeks before the hearing.
Property constituted forfeited property by this section shall be sold under the
same procedure prescribed in Section 50-11-2080."
Time effective
Section 4. This act shall take effect upon the approval by the Governor. |