Bill 3155

                    Current Status

Bill Number:                    3155
Ratification Number:            263
Act Number:                     147
Type of Legislation:            General Bill GB
Introducing Body:               House
Introduced Date:                19970114
Primary Sponsor:                Witherspoon 
All Sponsors:                   Witherspoon 
Drafted Document Number:        pt\2651jm.97
Date Bill Passed both Bodies:   19970617
Date of Last Amendment:         19970617
Governor's Action:              S
Date of Governor's Action:      19970624
Subject:                        Wildlife native to state, unlawful
                                to sell or possess; Fish and Game,
                                Natural Resources, Deer, venison

Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

------  19970714  Act No. A147
------  19970624  Signed by Governor
------  19970618  Ratified R263
Senate  19970617  Ordered enrolled for ratification
House   19970617  Free Conference Committee Report         99 HFCC
                  adopted
House   19970617  Free Conference Powers granted,          99 HFCC Witherspoon
                  appointed Reps. to Committee of                  Rhoad
                  Free Conference                                  Barfield
Senate  19970605  Free Conference Committee Report         89 SFCC
                  adopted
Senate  19970605  Free Conference Powers granted,          89 SFCC Peeler
                  appointed Senators to Committee                  Thomas
                  of Free Conference                               Waldrep
Senate  19970605  Conference powers granted,               88 SCC  Peeler
                  appointed Senators to Committee                  Waldrep
                  of Conference                                    Thomas
House   19970605  Conference powers granted,               98 HCC  Rhoad
                  appointed Reps. to Committee of                  Witherspoon
                  Conference                                       Barfield
House   19970605  Insists upon amendment
Senate  19970605  Non-concurrence in House amendment
House   19970604  Senate amendments amended,
                  returned to Senate with amendment
Senate  19970604  Amended, read third time,
                  returned to House with amendment
Senate  19970527  Read second time, notice of
                  general amendments
Senate  19970522  Committee report: Favorable              07 SFGF
Senate  19970312  Introduced, read first time,             07 SFGF
                  referred to Committee
House   19970311  Read third time, sent to Senate
House   19970303  Amended, read second time
House   19970226  Committee report: Favorable with         20 HANR
                  amendment
House   19970114  Introduced, read first time,             20 HANR
                  referred to Committee
House   19970108  Prefiled, referred to Committee          20 HANR

(A147, R263, H3155)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-1-290 SO AS TO MAKE IT UNLAWFUL, EXCEPT AS OTHERWISE SPECIFICALLY AUTHORIZED BY LAW, TO BUY, SELL, OR POSSESS FOR SALE ANY WILDLIFE NATIVE TO THIS STATE, INCLUDING LIVE OR DEAD WHOLE ANIMALS OR PARTS OF SUCH ANIMALS, AND TO PROVIDE A PENALTY; AND TO AMEND SECTION 50-11-1920, AS AMENDED, RELATING TO THE PROHIBITION ON THE SALE OF VENISON IN EATING ESTABLISHMENTS, SO AS TO AUTHORIZE THE SALE UNDER CERTAIN CONDITIONS; AND TO REQUIRE THE DEPARTMENT OF NATURAL RESOURCES TO PROMULGATE REGULATIONS TO ENFORCE THE PROVISIONS OF THIS SECTION.

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

Protected wild mammals and birds

SECTION 1. The 1976 Code is amended by adding:

"Section 50-1-290. It is unlawful to buy, sell, trade, or barter or offer for sale or offer to buy any protected wild mammals and birds or parts of mammals or birds except as specifically allowed by this title. Except as provided in Section 50-11-170, this section shall not apply to the sale of rabbits and grey squirrels taken during the legally established seasons. A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars and not more than five hundred dollars or imprisoned up to thirty days."

Sale of venison

SECTION 2. Section 50-11-1920 of the 1976 Code, as amended by Section 1262, Act 181 of 1993, is further amended to read:

"Section 50-11-1920. (A) The proprietor of an eating establishment may sell or offer for sale venison only if the venison is nonnative from farm-raised deer and is processed through a government-approved facility. Before selling venison or offering it for sale, the eating establishment shall obtain a permit from the department at no cost. The eating establishment shall maintain adequate records to provide officials of the department information as to the source of the venison.

(B) The sale of whitetail deer, wild or farm-raised, is prohibited.

(C) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be punished as for a violation of Section 50-11-1910.

(D) The provisions of this section do not apply to private functions unless the private function is catered by an eating establishment or catering company for a fee.

(E) Venison which is permitted to be sold under the provisions of this section may be sold as a separately prepared item or when mixed with other items offered by the establishment and then prepared and served.

(F) The Department of Natural Resources shall promulgate regulations to enforce the provisions of this section."

Time effective

SECTION 3. This act takes effect May 1, 1998.

Approved the 24th day of June, 1997.