S*0523(Rat #0145, Act #0072 of 2003)  General Bill, By Gregory
 AN ACT TO AMEND ARTICLE 1, CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH
 CAROLINA, 1976, RELATING TO THE PROTECTION OF GAME, BY ADDING SECTION
 50-11-105 SO AS TO PROVIDE MEASURES THE DEPARTMENT OF NATURAL RESOURCES MAY
 IMPLEMENT TO PREVENT AND CONTROL THE SPREAD OF DISEASE AMONG WILDLIFE; AND TO
 AMEND SECTION 50-11-1090, AS AMENDED, RELATING TO THE AUTHORITY OF THE
 DEPARTMENT OF NATURAL RESOURCES TO ALLOW THE TAKING OF ANIMALS THAT CAUSE
 DAMAGE TO CROPS AND PROPERTY, SO AS TO EXTEND THIS AUTHORITY TO ANIMALS POSING
 A HUMAN HEALTH RISK, AND TO DELETE THE PROVISION THAT RELATES TO THE DISPOSAL
 OF CERTAIN DEER. - ratified title

   03/26/03  Senate Introduced and read first time SJ-15
   03/26/03  Senate Referred to Committee on Fish, Game and Forestry SJ-15
   04/22/03  Senate Committee report: Favorable with amendment Fish,
                     Game and Forestry SJ-29
   04/23/03         Scrivener's error corrected
   04/23/03  Senate Amended SJ-47
   04/23/03  Senate Read second time SJ-47
   04/24/03  Senate Read third time and sent to House SJ-49
   04/29/03  House  Introduced and read first time HJ-8
   04/29/03  House  Referred to Committee on Agriculture, Natural
                     Resources and Environmental Affairs HJ-8
   05/27/03  House  Committee report: Favorable with amendment
                     Agriculture, Natural Resources and Environmental
                     Affairs HJ-3
   05/28/03  House  Amended HJ-36
   05/28/03  House  Read second time HJ-37
   05/29/03  House  Read third time and returned to Senate with
                     amendments HJ-15
   05/29/03  Senate House amendment amended SJ-53
   05/29/03  Senate Returned to House with amendments SJ-53
   06/02/03         Scrivener's error corrected
   06/05/03  House  Non-concurrence in Senate amendment HJ-11
   06/05/03  Senate Senate insists upon amendment and conference
                     committee appointed Gregory, Ravenel and McGill SJ-301
   06/05/03  House  Conference committee appointed Reps. Frye, Perry
                     and Loftis HJ-47
   06/05/03  Senate Conference report received and adopted SJ-301
   06/05/03  House  Conference report received and adopted HJ-280
   06/05/03  House  Ordered enrolled for ratification HJ-353
   06/05/03         Ratified R 145
   06/25/03         Signed By Governor
   07/01/03         Copies available
   07/01/03         Effective date 06/25/03
   07/02/03         Act No. 72

(A72, R145, S523)

AN ACT TO AMEND ARTICLE 1, CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROTECTION OF GAME, BY ADDING SECTION 50-11-105 SO AS TO PROVIDE MEASURES THE DEPARTMENT OF NATURAL RESOURCES MAY IMPLEMENT TO PREVENT AND CONTROL THE SPREAD OF DISEASE AMONG WILDLIFE; AND TO AMEND SECTION 50-11-1090, AS AMENDED, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF NATURAL RESOURCES TO ALLOW THE TAKING OF ANIMALS THAT CAUSE DAMAGE TO CROPS AND PROPERTY, SO AS TO EXTEND THIS AUTHORITY TO ANIMALS POSING A HUMAN HEALTH RISK, AND TO DELETE THE PROVISION THAT RELATES TO THE DISPOSAL OF CERTAIN DEER.

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

Department of Natural Resources

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

"Section 50-11-105.    (A)    The department, after consulting with the State Livestock-Poultry Health Commission and the United States Department of Agriculture Veterinarian in Charge for South Carolina and after a reasonable attempt at landowner notification, may carry out operations including quarantines, destruction of wildlife, or other measures to locate, detect, control, eradicate, or retard the spread of diseases of wildlife independently or in cooperation with counties, special purpose districts, municipalities, property owner's associations or similar organizations, individuals, federal agencies, or agencies of other states, by regulation, compliance agreement, judicial action, or other appropriate means. The State shall not be required to indemnify the property owner for any wildlife taken as a result of this action. For the purposes of this section, landowner notification can occur by means of a telephone call, in person, or in writing.

(B)    The department, in accordance with the Administrative Procedures Act and in order to ensure the continued health and safety of wildlife, may promulgate and enforce reasonable regulations to control or prohibit the shipment within, export from, or import into this State any wildlife, carcasses, or associated products of any nature or character from a state, territory, or foreign country when, in the opinion of the department, the regulation or prohibition is necessary to prevent the introduction or distribution of a disease or diseased, infirmed, or unhealthy wildlife.

(C)    Department personnel and their designees are authorized to euthanize sick or injured wildlife."

The taking of animals that cause damage to property

SECTION 2. Section 50-11-1090 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 50-11-1090.    The department has the authority during any season of the year to permit the taking of any game animal and prescribe the method by which they may be taken when they cause damage to crops or property or when they pose a significant human health risk. Any animal taken under these conditions is under the supervision of the department."

Time effective

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

Ratified the 5th day of June, 2003.

Approved the 25th day of June, 2003.