S 920 Session 111 (1995-1996)
S 0920 General Bill, By Bryan, Elliott and Washington
A Bill to amend Chapter 4, Title 48, Code of Laws of South Carolina, 1976,
relating to the Department of Natural Resources, so as to abolish the
governing board of the department and to devolve the duties upon a director to
be appointed by the Governor with the advice and consent of the Senate; to
amend various provisions of Title 50, relating to fish, game, and watercraft,
to delete references to the board and replace them with references to the
director; and to repeal Sections 48-4-30, 48-4-40, and 50-3-10.
09/26/95 Senate Prefiled
09/26/95 Senate Referred to Committee on Fish, Game and Forestry
01/09/96 Senate Introduced and read first time SJ-61
01/09/96 Senate Referred to Committee on Fish, Game and Forestry SJ-61
A BILL
TO AMEND CHAPTER 4, TITLE 48, CODE OF LAWS OF
SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT
OF NATURAL RESOURCES, SO AS TO ABOLISH THE
GOVERNING BOARD OF THE DEPARTMENT AND TO
DEVOLVE THE DUTIES UPON A DIRECTOR TO BE
APPOINTED BY THE GOVERNOR WITH THE ADVICE AND
CONSENT OF THE SENATE; TO AMEND VARIOUS
PROVISIONS OF TITLE 50, RELATING TO FISH, GAME, AND
WATERCRAFT, TO DELETE REFERENCES TO THE BOARD
AND REPLACE THEM WITH REFERENCES TO THE
DIRECTOR; AND TO REPEAL SECTIONS 48-4-30, 48-4-40,
AND 50-3-10.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Section 48-4-20 of the 1976 Code is amended to
read:
"Section 48-4-20. For the purposes of this chapter:
(1) `Board' means the governing body of the department.
(2) (1) `Department' means the South Carolina
Department of Natural Resources.
(3) (2) `Director' or `Executive Director'
means the administrative head of the department, appointed by the
board Governor."
SECTION 2. Sections 48-4-50, 48-4-60, 48-4-70, and 48-4-80
of the 1976 Code are amended to read:
"Section 48-4-50. The board director, appointed
pursuant to Section 48-4-60, shall be vested with the duty and
authority to oversee, manage, and control the operation,
administration, and organization of the department subject only to
the laws of this State and the United States.
Section 48-4-60. The board Governor shall
appoint a director, with the advice and consent of the
Senate, to serve at its his pleasure who shall be
the administrative head of the department. The director must
carry out the policies of the board and administer the affairs of the
department. The director may exercise all powers belonging
to the board within the guidelines and policies established by the
board. The director must possess sound moral character,
superior knowledge in the fields of wildlife, marine, and natural
resource management, and proven administrative ability. The
Governor may remove the director pursuant to the provisions of
Section 1-3-240. The director shall manage the administration
and organization of the department and may appoint such assistants
or deputies as the director considers necessary. The director may
hire such employees as the director considers necessary for the
proper administration of the affairs of the department. The director
must prescribe the duties, powers, and functions of all assistants,
deputies, and employees of the department.
Section 48-4-70. The board director shall:
(1) hold meetings, as considered necessary by the
chairman, with a majority of the board members constituting a
quorum. The board may hold meetings, transact business, or
conduct investigations at any place necessary; however, its primary
office is in Columbia;
(2) (1) formulate and recommend legislation to
enhance uniformity, enforcement, and administration of the wildlife,
marine, and natural resource laws;
(3) (2) make an annual report to the General
Assembly on all matters relating to its his action;
(4) (3) require those of its the
officers, agents, and employees it he designates to
give bond for the faithful performance of their duties in the sum
and with the sureties it he determines, and all
premiums on the bonds must be paid by the board
department;
(5) (4) pay travel expenses; and purchase or
lease all necessary facilities, equipment, books, periodicals, and
supplies for the performance of its his duties; and
(6) (5) exercise and perform other powers
and duties as granted to it him or imposed upon
it him by law.
Section 48-4-80. The board director may:
(1) make rules and promulgate regulations, not inconsistent with
law, to aid in the performance of its his duties. The
board director may prescribe the extent, if any, to
which these rules and regulations must be applied without
retroactive effect. ;
(2) exercise all authority granted to it him under
the laws and regulations relating to wildlife, marine and natural
resources. ;
(3) conduct such hearings as may be required by law."
SECTION 3. Section 50-1-5 of the 1976 Code is amended to
read:
"Section 50-1-5. For the purposes of Title 50, unless the
context clearly indicates otherwise,:
(1) `Board' means the governing body of the department.
(2) (1) `Department' means the South Carolina
Department of Natural Resources.
(3) (2) `Director' means the administrative head
of the department, appointed by the board
Governor.
(4) (3) `Enforcement officer' means an
enforcement officer of the Natural Resources Enforcement Division
of the department."
SECTION 4. Section 50-3-90 of the 1976 Code is amended to
read:
"Section 50-3-90. The authorized agents of the department
may conduct game and fish cultural operations and scientific
investigations in such manner, places and at such times as are
considered necessary and may use whatever methods are deemed
advisable for sampling fish populations. Such operations and
investigations shall be conducted only at the request of and with the
permission from the board director, and no such
operations and investigations shall be made upon private lands and
waters except at the request of the owner or owners of such lands
and waters."
SECTION 5. Section 50-3-130 of the 1976 Code is amended to
read:
"Section 50-3-130. The board director
shall prescribe a unique and distinctive official uniform, with
appropriate insignia to be worn by all uniformed enforcement
officers of the Natural Resources Enforcement Division of the
department when on duty and at such other times as the
board director shall order, and a distinctive color or
colors and appropriate emblems for all motor vehicles used by such
officers. No other law enforcement agency, private security agency
or any person shall wear a similar uniform and insignia which may
be confused with the uniform and insignia of the enforcement
officers nor shall any emblem be used on a motor vehicle nor shall
it be painted in a color or in any manner which would cause the
vehicle to be similar to an enforcement officer's vehicle or readily
confused therewith."
SECTION 6. Section 50-3-150 of the 1976 Code is amended to
read:
"Section 50-3-150. In order to carry out the provisions of
Sections 50-3-120 to 50-3-160 in an orderly and economical
manner it is intended that all serviceable uniforms be continued in
use until such time as the board director deems it
necessary for them to be replaced. These provisions shall also
apply to the emblems for motor vehicles."
SECTION 7. Section 50-3-170 of the 1976 Code is amended to
read:
"Section 50-3-170. The board director
shall file a quarterly report to each member of the General
Assembly explaining the status of each county fish and game fund
and watercraft fund, to include total funds for each county and an
itemized list of expenditures for the past quarter."
SECTION 8. Section 50-3-310 of the 1976 Code is amended to
read:
"Section 50-3-310. The director shall appoint the
enforcement officers of the Natural Resources Enforcement
Division, subject to their receiving a commission from the
Governor. An enforcement officer shall be issued a commission by
the Governor upon the recommendation of the director. An
enforcement officer may be removed by the board
director upon proof satisfactory to it that he is not fit for
the position."
SECTION 9. Sections 50-3-320 and 50-3-330 of the 1976 Code
are amended to read:
"Section 50-3-320 The Secretary of State shall transmit to
the board director the commissions of all
enforcement officers and the director shall deliver such
commissions to the enforcement officers only after the enforcement
officers have filed oaths and bonds as required by Section 50-3-330.
Section 50-3-330. Every enforcement officer appointed to
protect the property of the State shall, before entering upon the
duties of his office, take and subscribe before a notary public, or
other officer authorized to administer an oath, an oath to perform
the duties of his office and shall execute a bond with some reliable
surety company approved by the board director in
the sum of one thousand dollars for the faithful discharge of his
duties. Such bond and oath shall be transmitted to the board
director, which shall properly record them and keep them
on file in the office of the board director."
SECTION 10. Sections 50-3-510, 50-3-520, and 50-3-530 of the
1976 Code are amended to read:
"Section 50-3-510. The department may, subject to the
provisions of this article contract for the selective cutting and sale
of timber on any lands held by the department on behalf of its
Wildlife and Freshwater Fish Division. No contract for such
cutting and sale shall be entered into and no timber shall be cut or
sold unless the board director decides that the
cutting and sale of such timber is for the best interests of the
department and the improvement of its lands, by reason of thinning
the timber, harvesting the over-age trees and improving general
forestry conditions. Prior to selling or cutting any such timber the
matter shall be submitted to the State Forester, who shall investigate
the propriety of making such cutting and shall have the timber
cruised and an estimate of the value made. If the State Forester
finds that the sale is not in keeping with good forestry practices or
will adversely affect the remainder of the timber, the sale shall not
be made.
Section 50-3-520. If the sale is approved by the State Forester,
the department shall publicly advertise for bids for such timber in at
least two newspapers of general circulation in the area in which the
timber is located, such advertisements to be published at least once
a week for three weeks prior to the closing of the bidding. The
board director shall have the right to reject any and
all bids, either on account of the amounts of the bids or the lack of
experience and responsibility of the bidder. Any sale agreed upon
shall be for cash.
Section 50-3-530. Any deeds or contracts required in carrying
out the provisions of this article may, by resolution of the
board, be executed and delivered on its behalf by its
chairman and by the director."
SECTION 11. Section 50-3-720 of the 1976 Code is amended to
read:
"Section 50-3-720. There is created the Board of
Trustees of the Wildlife Endowment Fund of the Department of
Natural Resources, with The director has full authority
over the administration of the fund, whose chairman and
members are the chairman and members of the board of the
Department of Natural Resources. The State Treasurer is the
custodian of the fund and shall invest its assets in accordance with
the provisions of Title 11."
SECTION 12. Sections 50-3-750 and 50-3-760 of the 1976 Code
are amended to read:
"Section 50-3-750. The board director
may accumulate the investment income of the fund and may direct
expenditures from the income of the fund for the purposes set out
in Section 50-3-740(3).
Section 50-3-760. Expenditure of the income derived from the
fund must be made through the board director in
accordance with the provisions of the general appropriations act.
The fund is subject to the oversight of the State Auditor."
SECTION 13. Section 50-3-780 of the 1976 Code is amended to
read:
"Section 50-3-780. If the board governing
authority of the Department of Natural Resources is
dissolved changed, the succeeding agency
governing authority shall assume the trusteeship of the fund
and is bound by all the limitations and restrictions placed by this
article on expenditures from the fund. No repeal or modification of
this article or title alters the fundamental purposes to which the
fund is applied. No future dissolution of the board
governing authority of the Department of Natural
Resources or substitute agency governing authority
invalidates any lifetime license issued in accordance with Chapter 9
of this title."
SECTION 14. Section 50-9-12 of the 1976 Code is amended to
read:
"Section 50-9-12. (A) The board director
is authorized to designate not more than two days, which need not
be consecutive, in each calendar year as free fishing days. During
these designated days residents of this State, without obtaining a
fishing license, may exercise the privileges of a holder of a fishing
license, subject to all limitations, restrictions, conditions, and
regulations applicable to the holder of a fishing license.
(B) The provisions of this section do not affect commercial
fishing licenses."
SECTION 15. Section 50-9-155 of the 1976 Code is amended to
read:
"Section 50-9-155. For purposes of this section:
(1) `Migratory waterfowl' means members of the family
Anatidae, including brants, ducks, geese, and swans.
(2) `Hunt' means the act of taking, obtaining, pursuing, trying
to find, or diligently seeking for migratory waterfowl.
It is unlawful for a person, other than one exempt from the
requirement of purchasing hunting licenses by Article 9, Chapter 9
of this title, to hunt any migratory waterfowl within this State
without first procuring a state migratory waterfowl stamp and
having a valid stamp for the year in his possession while hunting or
transporting any migratory waterfowl. A person violating the
provisions of this section is guilty of a misdemeanor and, upon
conviction, must be fined not less than fifty dollars nor more than
two hundred dollars or imprisoned for not more than thirty days.
Each stamp must be validated by the signature of the licensee
written across the face of the stamp. The board
director shall furnish the stamps to its authorized agents for
issuance or sale in the same manner as other types of licenses.
The fee for each stamp is five dollars and fifty cents. Fifty cents
of the stamp cost may be retained by the issuing agent and the
balance must be paid to the department. Each stamp expires on the
last day of June following issuance.
The department may produce additional stamps as
commemorative or collector's items which must be sold at a price
of not less than five dollars and fifty cents with all of the proceeds
being retained by the department.
All revenue derived from the sale of the stamp may be used only
for the cost of printing, promotion, and production of the stamp and
for those migratory waterfowl projects specified by the
board director for the development, protection, and
propagation of waterfowl in the State. None of the funds may be
expended for administrative salaries."
SECTION 16. Section 50-9-1060(a) of the 1976 Code is
amended to read:
"Section 50-9-1060. (a) Any person whose privileges
have been suspended under the provisions of this article may,
within ten days after notice of the result of the review, apply to the
resident or presiding circuit judge of the circuit in which the
applicant resides for a review upon the record certified to by the
board director to determine if the action taken by
the department is lawful and in accordance with the provisions of
this article. Such person shall have the right to have his counsel
present with him if he so desires."
SECTION 17. Section 50-11-10 of the 1976 Code is amended to
read:
"Section 50-11-10. (A) The Federal Migratory Bird
Treaty Act and its implementing regulations are the law of this
State. However, the board director annually may set
special seasons, bag limits, and methods for hunting and taking
waterfowl consistent with the regulations. A violation of the
regulations or related state law is a misdemeanor punishable by a
fine of not less than fifty nor more than one hundred dollars or
thirty days' imprisonment.
(B) If a person is convicted of one or more of the following
offenses, he must be fined not less than two hundred nor more than
five hundred dollars or imprisoned not more than ninety days:
(1) trespassing to hunt waterfowl;
(2) hunting waterfowl over bait;
(3) shooting waterfowl over bait;
(4) hunting waterfowl more than fifteen minutes before or
after regularly designated hunting hours;
(5) possessing more than one waterfowl over the legal limit;
(6) hunting waterfowl out of season."
SECTION 18. Section 50-11-20, as last amended by Act 145 of
1995, is further amended to read:
"Section 50-11-20. (A) As used in this article:
(1) `Board' means the governing body of the South
Carolina Department of Natural Resources.
(2) `Committee' means the Migratory Waterfowl
Committee.
(3) (2) `Department' means the South
Carolina Department of Natural Resources.
(3) `Director' means the Director of the Department of
Natural Resources.
(4) `Migratory waterfowl' means members of the family
`Anatidae', including brants, ducks, geese, and swans.
(B) There is created the Migratory Waterfowl Committee
composed of nine members. A designee, who is not a paid
employee, of Ducks Unlimited of South Carolina, a designee, who
is not a paid employee, of the South Carolina Waterfowl
Association, and the Chairman of the Board
Director of the Department of Natural Resources, or his
designee, shall serve ex officio. Two members are appointed by the
Chairman of the Agriculture and Natural Resources Committee of
the House of Representatives, two are appointed by the Chairman of
the Fish, Game and Forestry Committee of the Senate, and two are
appointed by the Governor, all of whom must be cognizant of
waterfowl. The members of the committee shall serve for terms of
three years and until successors are appointed and qualify.
Vacancies are filled for the unexpired term in the manner of the
original appointment. The members of the committee shall elect a
chairman annually. Members of the committee are eligible to
receive the per diem, subsistence, and mileage as is provided by law
for members of boards, commissions, and committees.
(C) The committee is responsible for the creation of the annual
migratory waterfowl stamp provided in Section 50-9-155, shall
provide the design to the department, and shall recommend
regulations to the department for the creation of migratory
waterfowl stamp prints, their administration, sale, and distribution,
and other matters relating to the stamps and their prints. If the
committee sells any of the stamps, it shall purchase them from the
department for five dollars and fifty cents a stamp, all of which is
retained by the department. Funds derived from the sale of prints
and related artwork must be expended as follows:
(1) The portion of the funds necessary to make up fifty
percent of the total funds derived from the sale of the migratory
waterfowl stamps and the migratory waterfowl stamp prints must be
transferred by the committee to the department to be used for its
specified projects.
(2) Except for the amount necessary for the committee to
administer and promote the sale of any prints, stamps, or related
articles, the remainder of the funds derived from the sale of the
prints and related articles must be disbursed to an appropriate
nonprofit organization as determined by the board
director for the development of waterfowl propagation
projects within Canada. The projects must specifically provide
waterfowl for the Atlantic Flyway and must demonstrate evidence
that the projects are acceptable to the appropriate governmental
agencies having jurisdiction over the project areas.
(3) The committee shall have an annual audit of its finances
conducted by the State Auditor and shall furnish a copy to the
board director."
SECTION 19. Section 50-11-2310 of the 1976 Code is amended
to read:
"Section 50-3-2310. Funds from the Operation Game Thief
Program may be expended only for the following purposes:
(1) the financing of reward payments to persons other than
law enforcement officers, department personnel, and members of
their immediate families responsible for information leading to the
arrest of any persons for unlawfully taking, wounding or killing,
possessing, transporting, or selling wildlife and attendant acts of
vandalism. The board director shall establish the
schedule of rewards to be paid for information received and
payment must be made from funds available for this purpose;
(2) the financing of a statewide telephone reporting system
under the name of `Operation Game Thief' established under the
direction of the board director;
(3) the promotion of public recognition and awareness of the
Operation Game Thief Program."
SECTION 20. Section 50-11-2520 of the 1976 Code is amended
to read:
"Section 50-11-2520. All enforcement officers and any
other employee of the department designated by the board
director, at any and all reasonable hours, may inspect the
business premises and records required by this article of any person
licensed under this article to ensure compliance.
The license of any licensee who refuses to allow promptly an
inspection authorized under this section is subject to immediate
revocation."
SECTION 21. Section 50-13-1193 of the 1976 Code is amended
to read:
"Section 50-13-1193. All enforcement officers and any
other employee of the department designated by the board
director may, at any and all reasonable hours, inspect the
vehicles, boats, processing houses and wholesale businesses which
are connected with nongame commercial fishing activity and the
records of any person required to be licensed by this article to
ensure compliance. Upon request of the department the buyers (fish
houses) of nongame fish shall report quarterly the volume of
sales."
SECTION 22. Section 50-13-1920 of the 1976 Code is amended
to read:
"Section 50-13-1920. The department may acquire a
sufficient number of acres of land in close proximity to any dam,
artificial lake, impounded water, or stream for the purpose of
establishing fish hatcheries or fish nurseries. The board
director may exercise the power of eminent domain if
necessary to accomplish this purpose."
SECTION 23. Section 50-13-1960 of the 1976 Code is amended
to read:
"Section 50-13-1960. The department may select any
place upon any river or stream within this State as a fish sanctuary.
Upon making such selection the board director,
upon approval in writing of a majority of the members of the
county legislative delegation from the county in which such
proposed fish sanctuary is to be located, may designate and set
apart such place as a fish sanctuary. No one sanctuary shall exceed
two miles in length along any river or stream. When such
sanctuary shall be so designated and set apart, the board
director shall have it adequately and conspicuously marked
and shall designate the limits thereof in all directions."
SECTION 24. Section 50-13-2020 of the 1976 Code is amended
to read:
"Section 50-13-2020. The department has management
control over the lakes and ponds which it owns or leases. It may
establish the terms and conditions under which the public may use
the lakes and ponds for fishing, boating, picnicking, and other
related activities. Before taking effect, the conditions and terms
must be approved by the board director and a
majority of the county legislative delegation of the county where
the lake or pond is located and published in a newspaper of general
circulation in the county.
Any person violating the terms and conditions of this section is
guilty of a misdemeanor and, upon conviction, must be fined not
more than two hundred dollars or imprisoned for not more than
thirty days."
SECTION 25. Section 50-15-30(b) of the 1976 Code is amended
to read:
"(b) The department shall by such regulations establish
proposed limitations relating to taking, possession, transportation,
exportation, processing, sale or offer for sale, or shipment as may
be deemed necessary to manage such nongame wildlife.
Such regulation shall become effective sixty days after being
proposed during which period public comment shall be solicited and
received. The board director may hold a public
hearing if deemed appropriate. On the basis of public comments
received or the testimony at any such hearing the department may
make such changes in the proposed regulation as are consistent with
effective management of nongame wildlife."
SECTION 26. Subsections (a) and (b) of Section 50-15-40 of the
1976 Code are amended to read:
"Section 50-15-40. (a) On the basis of investigations on
nongame wildlife provided for in Section 50-15-30 and other
available scientific and commercial data, and after consultation with
other State agencies, appropriate Federal agencies, and other
interested persons and organizations, but not later than one year
after July 2, 1974, the department shall by regulation propose a list
of those species or subspecies of wildlife indigenous to the State
which are determined to be endangered within this State, giving
their common and scientific names by species and subspecies. Such
regulation shall become effective sixty days after being proposed
during which period public comment shall be solicited and received.
The board director may hold a public hearing if
deemed appropriate. On the basis of public comments received or
the testimony at any such hearing, the department may add to such
proposed list additional species or subspecies which are determined
to be endangered within the State or delete therefrom such species
or subspecies which are determined not to be endangered within the
State.
(b) The board director shall conduct a review of
the state list of endangered species within not more than two years
from its effective date and every two years thereafter and may
amend the list by such additions or deletions as are deemed
appropriate. The board director shall submit to the
Governor a summary report of the data used in support of all
amendments to the state list during the preceding biennium."
SECTION 27. Section 50-15-50(a) of the 1976 Code is amended
to read:
"Section 50-15-50. (a) The board
director shall establish such programs, including acquisition
of land or aquatic habitat, as are deemed necessary for management
of nongame and endangered wildlife. The board
director shall utilize all authority vested in the department
to carry out the purposes of this section."
SECTION 28. Section 50-17-320 of the 1976 Code is amended
to read:
"Section 50-17-320. (A) If the State authorizes any
activity or use requiring the permanent closure of shellfish grounds,
the portion of a permitted area which falls within the closed area
may be removed from the permit acreage agreement by the
board director. If a portion of the acreage is
removed, the permit acreage agreement and annual fee must be
adjusted on the annual renewal date as prescribed in Section 50-17-336.
(B) If a state or federal permit is issued over the objections of
the department, or for a project of overriding public need, and if the
permitted project causes the closure of any shellfish grounds or
renders any bottoms unsuitable for the purpose of shellfish
propagation, the department may require the permittee to mitigate
or compensate, or both, for the loss of the public shellfish resource.
The compensation must be remitted to the department and placed
in a special fund for shellfish management.
Compensation and mitigation under authority of this section may
not be considered as factors in justifying the issuance of any such
permit and this section may not be interpreted as authorizing the
closure of any shellfish grounds or authorizing the rendering of any
bottoms unsuitable for shellfish propagation.
If an unauthorized action results in a closure of shellfishing
waters or renders them temporarily or permanently unsuitable for
the purpose of shellfish propagation, the party responsible for the
action may be required by the department to mitigate the loss of
the resource and to compensate for damages which result from the
loss of the shellfish resource.
(C) The terms of the mitigation or compensation authorized by
subsection (B) and the amount of the award of damages must be
determined in the first instance by the board
director. Its His determination constitutes a
final decision for the purpose of Section 1-23-380, and the affected
party may seek judicial review pursuant to the decision."
SECTION 29. Section 50-17-365 of the 1976 Code is amended
to read:
"Section 50-17-365. It is unlawful for any person to
remove, take, or harvest any shellfish, as defined in Section 50-5-10, from the coastal waters and bottoms of the State from May
fifteenth to September fifteenth, inclusive. The board
director has the authority to open or close any area of state
waters or bottoms for the removal, taking, or harvesting of shellfish
for specified periods at any time during the year when biological
and other conditions warrant the action. Nothing in this article may
be construed to alter the authority of the Department of Health and
Environmental Control to open and close shellfish grounds for
public health reasons.
Nothing in this section prevents the removal of shellfish for the
purpose of replanting under permit granted by the department.
Clams and oysters may be imported during the closed season in this
State from other states where the taking and possession of the
shellfish is lawful. Each shipment or load of imported shellfish
must be properly marked and identified to verify compliance with
the provisions of this section. Any person violating the provisions
of this section is guilty of a misdemeanor and, upon conviction,
must be punished as provided in Section 50-17-100."
SECTION 30. Section 50-17-1180 of the 1976 Code is amended
to read:
"Section 50-17-1180. The board director
shall administer and enforce this article and may promulgate
regulations for its implementation. The department shall print and
distribute a brochure explaining the point system."
SECTION 31. Section 50-19-1320 of the 1976 Code is amended
to read:
"Section 50-19-1320. In order to carry out the purposes
of this article the power of condemnation is conferred upon the
board director. The power must be exercised to
condemn only property necessary, useful, or convenient for the
purposes of this article. All land acquired must be in fee simple
and just compensation must be paid for it."
SECTION 32. Section 50-20-110(A) of the 1976 Code is
amended to read:
"Section 50-20-110. (A) A Marine Recreational Fisheries
Advisory Board is established to assist in prioritizing the
expenditures of monies received in the special account. The board
is composed of:
(1) one member of the board the director of
the Department of Natural Resources, or his designee;
(2) two at-large members appointed by the Governor;
(3) one member from each of the following coastal counties
appointed by a majority of the respective legislative delegations:
Beaufort, Charleston, Colleton, Georgetown, Horry, and
Jasper."
SECTION 33. Section 50-23-240 of the 1976 Code is amended
to read:
"Section 50-23-240. A copy of the regulations adopted
pursuant to this chapter, and of any amendments thereto, shall be
filed in the office of the board director and in the
office of the official State state record-keeping
agency. Rules and regulations shall be published by the department
in a convenient form."
SECTION 34. Sections 48-4-30, 48-4-40, and 50-3-10 are
repealed.
SECTION 35. This act takes effect upon approval by the
Governor.
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