Current Status Bill Number:3160 Ratification Number:44 Act Number:18 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19970114 Primary Sponsor:Witherspoon All Sponsors:Witherspoon Drafted Document Number:dka\3863cm.97 Date Bill Passed both Bodies:19970326 Date of Last Amendment:19970213 Governor's Action:S Date of Governor's Action:19970423 Subject:Natural Resources Department, fish and game violations, innocent owners may receive confiscated property
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
------ 19970509 Act No. A18
------ 19970423 Signed by Governor
------ 19970417 Ratified R44
Senate 19970326 Read third time, enrolled for
ratification
Senate 19970325 Read second time
Senate 19970320 Committee report: Favorable 07 SFGF
Senate 19970218 Introduced, read first time, 07 SFGF
referred to Committee
House 19970214 Read third time, sent to Senate
House 19970213 Amended, read second time,
uanimous consent for third reading
on Friday, 19970214
House 19970212 Debate adjourned until
Thursday, 19970213
House 19970211 Debate adjourned until Wednesday,
19970212
House 19970205 Committee report: Favorable 20 HANR
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.
(A18, R44, H3160)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 50-11-745 AND 50-13-1199 SO AS TO PROVIDE THE DEPARTMENT OF NATURAL RESOURCES A PROCEDURE TO RELEASE CERTAIN PROPERTY CONFISCATED FROM VIOLATORS OF GAME AND FISH PROVISIONS TO INNOCENT OWNERS OR LIENHOLDERS AND TO ALLOW THE DEPARTMENT TO MAINTAIN OR DISPOSE OF CERTAIN UNCLAIMED PROPERTY.
Be it enacted by the General Assembly of the State of South Carolina:
Disposal of confiscated property
SECTION 1. The 1976 Code is amended by adding:
"Section 50-11-745. (A) Notwithstanding another provision of law, the Department of Natural Resources may administratively release any vehicle, boat, firearm, or hunting device confiscated from a person charged with a violation of this chapter to an innocent owner or lienholder of the property.
(B) Notwithstanding another provision of law, if an innocent owner or lienholder of property contained in subsection (A) fails to recover property contained in that subsection, then the Department of Natural Resources may maintain or dispose of the property.
(C) Before confiscated property is released to an innocent owner or lienholder, he shall provide the department with:
(1) proof of ownership or a lienholder interest in the confiscated property;
(2) certification that he will not release the property to a person who has been charged with a violation of this chapter which resulted in the confiscation of the property to be released."
Disposal of confiscated property
SECTION 2. The 1976 Code is amended by adding:
"Section 50-13-1199. (A) Notwithstanding another provision of law, the Department of Natural Resources may administratively release any vehicle, boat, motor, or fishing device confiscated from a person charged with a violation of this chapter to an innocent owner or lienholder of the property.
(B) Notwithstanding another provision of law, if an innocent owner or lienholder of property contained in subsection (A) fails to recover property contained in that subsection, then the Department of Natural Resources may maintain or dispose of the property.
(C) Before confiscated property is released to an innocent owner or lienholder, he shall provide the department with:
(1) proof of ownership or a lienholder interest in the confiscated property;
(2) certification that he will not release the property to a person who has been charged with a violation of this chapter which resulted in the confiscation of the property to be released."
Time effective
SECTION 3. This act takes effect upon approval by the Governor.
Approved the 23rd day of April, 1997.