Current Status Bill Number:3136 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19970114 Primary Sponsor:Sharpe All Sponsors:Sharpe and J. Harris Drafted Document Number:pt\2650jm.97 Residing Body:House Current Committee:Agriculture, Natural Resources & Environmental Affairs Com 20 HANR Subject:Hunting with dog on right-of-way, unlawful unless weapon unloaded, fish and game
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19970114 Introduced, read first time, 20 HANR
referred to Committee
House 19970108 Prefiled, referred to Committee 20 HANR
View additional legislative information at the LPITS web site.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-762 SO AS TO PROVIDE THAT, IN GAME ZONES 3, 5, 6, 7, 8, 9, 10, AND 11, IT IS UNLAWFUL FOR A PERSON TO SUPERVISE, RELEASE, CATCH, OR RETRIEVE A DOG ON A RIGHT-OF-WAY OR RAILROAD RIGHT-OF-WAY UNLESS HIS WEAPON IS UNLOADED, PROVIDE PENALTIES, AND PROVIDE THAT OFFENSES PROVIDED FOR IN THIS SECTION MAY BE WRITTEN BY LAW ENFORCEMENT OFFICERS ON A UNIFORM TRAFFIC TICKET OR BY DEPARTMENT OF NATURAL RESOURCES ENFORCEMENT OFFICERS ON A SUMMONS TICKET; AND TO REPEAL SECTION 50-11-760, RELATING TO HUNTING OF ALL GAME FROM CERTAIN PUBLIC ROADS AND RAILROAD RIGHTS-OF-WAY AND PENALTIES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 50-11-762. In Game Zones 3, 5, 6, 7, 8, 9, 10, and 11:
(A) Except for law enforcement officers and military personnel acting in the performance of their duties, it is unlawful for any person to hunt on or shoot from, onto, or across the right-of-way, or to supervise, release, catch, retrieve, or attempt to supervise, release, catch, or retrieve a dog on a:
(1) right-of-way of any public, paved road; provided, however, that this Part (A) does not prohibit a person from catching or retrieving a dog if his weapon is unloaded and:
(a) secured in a weapon case,
(b) locked in the trunk of a vehicle, or
(c) in a locked toolbox.
Provided further, that a person may exit from, enter onto, supervise, release, catch, or retrieve a dog on such a right-of-way with an unloaded weapon if the right-of-way is adjacent to land owned or leased by the person, or on which the person has written permission to hunt.
(2) railroad right-of-way or on any public road right-of-way not specified in Part (A)(1) of this section; provided, however, that this Part (A) does not prohibit a person from catching or retrieving a dog on a public road right-of-way if his weapon is unloaded and:
(a) secured in a weapon case,
(b) locked in the trunk of a vehicle, or
(c) in a locked toolbox.
Provided further, that this Part (A)(2) does not apply to the owner or lessee of the lands adjacent to any such right-of-way or to a person who has written permission on his person from the landowner or lessee allowing him to hunt the adjacent lands.
(B) For the purposes of this section:
(1) 'Right-of-way' means all areas within fifty feet of the edge of a pavement and all areas that are maintained as right-of-way on any public, paved road and the adjacent land owned, controlled, and maintained by the county, state, or federal government.
(2) 'Railroad right-of-way' means the road bed and adjacent land which a railroad company owns, controls, or maintains or over which the railroad company has an easement.
(3) 'Supervise' means that the owner of the dog or the owner's designee is either in the vicinity of the dog or is in the process of releasing, catching, or retrieving the dog.
(C) Any person violating this section is guilty of a misdemeanor, and, upon conviction, must be fined not more than five hundred dollars or imprisoned for not more than thirty days. However, if the shooting results in property damage or personal injury, the individual must be fined not more than five thousand dollars or imprisoned for not more than one year, or both.
(D) Offenses provided for in this section may be written by law enforcement officers on a Uniform Traffic Ticket or by Department of Natural Resources enforcement officers on a Summons Ticket."
SECTION 2. Section 50-11-760 of the 1976 Code is repealed.
SECTION 3. This act takes effect upon approval by the Governor.