H*3719(Rat #0110, Act #0074 of 2017)  General Bill, By Burns, Hiott, Hixon, 
Chumley, Bannister and G.R. Smith
 AN ACT TO AMEND SECTION 48-35-50, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO THE STATE FORESTER'S AUTHORITY TO DIRECT THAT CERTAIN FIRES NOT BE
 STARTED, SO AS TO PROVIDE THAT THE STATE FORESTER MAY PROHIBIT ALL OPEN
 BURNING EXCEPT FIRES USED FOR NONRECREATIONAL PURPOSES; AND TO AMEND SECTION
 48-35-60, RELATING TO PENALTIES ASSOCIATED WITH THE STARTING OF UNLAWFUL
 FIRES, SO AS TO REVISE THESE PENALTIES. - ratified title

   02/09/17  House  Introduced and read first time (House Journal-page 15)
   02/09/17  House  Referred to Committee on Agriculture, Natural
                     Resources and Environmental Affairs
                     (House Journal-page 15)
   02/14/17  House  Member(s) request name added as sponsor: Hixon,
                     Chumley, Bannister, G.R.Smith
   02/16/17  House  Committee report: Favorable with amendment
                     Agriculture, Natural Resources and Environmental
                     Affairs (House Journal-page 3)
   02/22/17  House  Requests for debate-Rep(s). JE Smith, Gilliard,
                     Jefferson, Ott, Mack, Robinson-Simpson, Williams
                     (House Journal-page 13)
   02/23/17  House  Amended (House Journal-page 22)
   02/23/17  House  Read second time (House Journal-page 22)
   02/23/17  House  Roll call Yeas-94  Nays-6 (House Journal-page 25)
   02/23/17  House  Unanimous consent for third reading on next
                     legislative day (House Journal-page 26)
   02/24/17  House  Read third time and sent to Senate
                     (House Journal-page 2)
   02/28/17  Senate Introduced and read first time (Senate Journal-page 17)
   02/28/17  Senate Referred to Committee on Fish, Game and Forestry
                     (Senate Journal-page 17)
   05/03/17  Senate Recalled from Committee on Fish, Game and
                     Forestry (Senate Journal-page 4)
   05/08/17  Senate Read second time (Senate Journal-page 24)
   05/08/17  Senate Roll call Ayes-40  Nays-0 (Senate Journal-page 24)
   05/09/17  Senate Read third time and enrolled (Senate Journal-page 11)
   05/15/17         Ratified R 110
   05/19/17         Signed By Governor
   05/25/17         Effective date 5/19/17
   05/31/17         Act No. 74

(A74, R110, H3719)

AN ACT TO AMEND SECTION 48-35-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE FORESTER'S AUTHORITY TO DIRECT THAT CERTAIN FIRES NOT BE STARTED, SO AS TO PROVIDE THAT THE STATE FORESTER MAY PROHIBIT ALL OPEN BURNING EXCEPT FIRES USED FOR NONRECREATIONAL PURPOSES; AND TO AMEND SECTION 48-35-60, RELATING TO PENALTIES ASSOCIATED WITH THE STARTING OF UNLAWFUL FIRES, SO AS TO REVISE THESE PENALTIES.

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

State Forester's authority to regulate fires

SECTION    1.    Section 48-35-50 of the 1976 Code is amended to read:

"Section 48-35-50.    The State Forester may direct at any time, when deemed necessary in the interest of public safety, that fires covered by this chapter not be started. The State Forester also may prohibit all open burning regardless of whether a permit or notification is required, including campfires, bonfires, and other fires for recreational purposes. This prohibition shall not apply to fires used for nonrecreational purposes such as those for human warmth or for the preparation of food for immediate consumption."

Penalties

SECTION    2.    Section 48-35-60 of the 1976 Code is amended to read:

"Section 48-35-60.    Any person violating the provisions of this chapter may be deemed guilty of a misdemeanor and, upon conviction, may be fined not more than two hundred dollars or imprisoned for not more than thirty days for a first offense. For any second or subsequent offense, a fine of not less than five hundred dollars or imprisonment for not more than sixty days, or both may be imposed in the discretion of the court. 'Subsequent offense', as used in this section, shall mean an offense committed within ten years of a previous offense."

Time effective

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

Ratified the 15th day of May, 2017.

Approved the 19th day of May, 2017.