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4358Type of Legislation: General Bill GBIntroducing Body: HouseIntroduced Date: 20000111Primary Sponsor: BarrettAll Sponsors: BarrettDrafted Document Number: l:\council\bills\swb\5011djc00.docResiding Body: SenateCurrent Committee: Conference Committee 88 SCCDate of Last Amendment: 20000531Subject: Muzzleloader hunting, bag limits, open seasons in Game Zone No. 1, Fish and Game, Greenville, Oconee, PickensHistory Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ Senate 20000531 Conference powers granted, 88 SCC McGill appointed Senators to Committee Ravenel of Conference Hutto House 20000531 Conference powers granted, 98 HCC Witherspoon appointed Reps. to Committee of Rhoad Conference Edge House 20000531 Insists upon amendment Senate 20000531 Non-concurrence in House amendment House 20000531 Senate amendments amended, returned to Senate with amendment Senate 20000530 Read third time, returned with amendment ------ 20000526 Scrivener's error corrected Senate 20000525 Amended, read second time Senate 20000524 Recalled from Committee, 07 SFGF placed on the Calendar Senate 20000413 Introduced, read first time, 07 SFGF referred to Committee House 20000412 Read third time, sent to Senate House 20000411 Amended, read second time ------ 20000407 Scrivener's error corrected House 20000405 Committee report: Favorable with 20 HANR amendment House 20000111 Introduced, read first time, 20 HANR referred to Committee House 19991229 Prefiled, referred to Committee 20 HANR Versions of This Bill Revised on April 5, 2000 - Word format Revised on April 7, 2000 - Word format Revised on April 11, 2000 - Word format Revised on May 24, 2000 - Word format Revised on May 25, 2000 - Word format Revised on May 26, 2000 - Word format Revised on May 31, 2000 - Word format
Indicates Matter Stricken
Indicates New Matter
AMENDED--NOT PRINTED IN THE HOUSE
Amt. No. 1A (Doc. Name council\gjk\amend\21466sd00.doc)
May 31, 2000
S. Printed 5/25/00--S.
Read the first time April 13, 2000.
TO AMEND SECTION 50-11-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MUZZLELOADER HUNTS IN GAME ZONE 2, SO AS TO PROVIDE FOR MUZZLELOADER HUNTS IN GAME ZONE 1; TO AMEND SECTION 50-11-150, AS AMENDED, RELATING TO HUNTING BAG LIMITS, SO AS TO CONFORM THE HUNTING BAG LIMITS FOR GAME ZONE 1 TO THE HUNTING BAG LIMITS FOR GAME ZONE 2; TO AMEND SECTION 50-11-170, AS AMENDED, RELATING TO PENALTIES FOR BUYING, SELLING, OR DISPLAYING CARCASSES OR PARTS OF WILD RABBITS FOR SALE IN GAME ZONE 2, SO AS TO PROVIDE PENALTIES FOR BUYING, SELLING OR DISPLAYING CARCASSES OR PARTS OF WILD RABBITS FOR SALE IN GAME ZONE 1; AND TO AMEND SECTION 50-11-310, AS AMENDED, RELATING TO OPEN SEASON FOR ANTLERED DEER, SO AS TO CONFORM THE OPEN SEASON FOR TAKING ANTLERED DEER IN GAME ZONE 1 WITH THE OPEN SEASON FOR TAKING ANTLERED DEER IN GAME ZONE 2.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 50-11-310(A)(1) of the 1976 Code, as last amended by Act 57 of 1997, is further amended to read:
"(1) In Game Zone 1: October first through October tenth, with primitive weapons only; October eleventh through October sixteenth, and October thirty-first through
December seventh January first, with archery equipment and firearms, ; December eighth through December twenty-second, with archery equipment only; December twenty-third through January first, with archery equipment and firearms, Sundays excepted."
SECTION 2. Chapter 1, Title 50 of the 1976 Code is amended by adding:
"Section 50-1-91. (A) For purposes of this section:
(1) 'Right-of-way' means an area maintained by the State, or by a county, municipality, or other political subdivision of the State, as a right-of-way for a paved road in this State.
(2) 'Weapon' means a firearm, archery equipment, or any other device that shoots or hurls a bullet, missile, shot, or projectile of any sort.
(B) When hunting deer, except as otherwise provided by law, it is unlawful for a person to hunt on, or to shoot from, into, or across the right-of-way of any paved road with a weapon. It is not unlawful for a person to recover or retrieve a dog from a right-of-way if his weapon is completely unloaded, contains no shells, and inaccessible for immediate use within a vehicle. It is not unlawful for a person to release a dog on a right-of-way adjacent to land owned or leased by the person, or adjacent to land upon which the person has written permission to hunt in his possession, if his weapon is in a vehicle. This section does not apply to law enforcement officers or military personnel acting in the performance of their duties, or to a person lawfully exercising the right of self-defense.
(C) A person who violates this section is guilty of a misdemeanor and, upon conviction, in cases not involving personal injury or damage to property, must be fined not more than five hundred dollars or imprisoned for not more than thirty days. In cases involving personal injury or damage to property, a person who violates this section must be fined not more than five thousand dollars or imprisoned for not more than one year, or both. A person whose violation of this section results in the taking or loss of a human life must be prosecuted, if at all, as otherwise provided by law rather than under this section.
(D) For a period of three years after the effective date of this section, the offense set forth in this section must be added to the list of crimes in Section 56-7-10 for which the uniform traffic ticket is used and, appropriately numbered, to the list of crimes in Section 50-3-410, for which official summons are issued. A law enforcement officer may charge a person subject to prosecution for a violation of this section using either the uniform traffic ticket authorized by Section 56-7-10 or a summons ticket authorized by Section 50-3-410.
(E) For a period of three years after the effective date of this section, the provisions of Section 50-11-760 are suspended in game zone 5 only. During the three-year period when Section 50-11-760 is suspended, the hunting of all game in game zone 5 from rights-of-way owned by railroads is prohibited whenever the railroad rights-of-way are adjacent to lands that are posted against trespassing or hunting. The provisions of this section do not apply to hunting by owners of the adjacent lands or by persons who have permission of the owners to hunt the adjacent lands. 'Hunting', as used in this section, includes the hunting of deer by occupying stands therefor."
SECTION 3. This act takes effect upon approval by the Governor.
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