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AMENDED--NOT PRINTED IN THE HOUSE
Amt. No. 1 (Doc. Name Council\SWB\Amend\5152DJC00.doc)
April 13, 2000
H. 4703
S. Printed 4/5/00--H.
Read the first time February 29, 2000.
To whom was referred a Bill (H. 4703), to amend Chapter 11, Title 50, Code of Laws of South Carolina, 1976, relating to protection of game, by adding Section 50-11-100, relating to wildlife, etc., respectfully
That they have duly and carefully considered the same, and recommend that the same do pass with amendment:
Amend the bill, as and if amended, Section 50-11-100(A), as contained in SECTION 1, page 1, line 30, by striking subsection (A) and inserting:
/ (A) Except as provided in this section, it is unlawful to hunt wildlife with a weapon inside an enclosure which prevents or materially impedes the free range of the species of the wildlife being hunted. /
Amend the bill further, Section 50-11-100(C), as contained in SECTION 1, page 2, line 3, by striking subsection (C) and inserting:
/ (C)(1) This section does not apply to enclosures registered with the department within thirty days after the effective date of this section, provided the enclosure is an existing, completed enclosure in that the construction of the enclosure is wholly complete in every respect and requires no further labor or material to erect or complete the construction of the enclosure.
(2) After an enclosure is registered with the department, the owner may not increase or decrease the enclosed area. The owner may make repairs necessary for the care and maintenance of the enclosure provided the repairs do not have the effect of increasing or decreasing the enclosed area. /
Renumber sections to conform.
Amend totals and title to conform.
CHARLES R. SHARPE, for Committee.
TO AMEND CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROTECTION OF GAME, BY ADDING SECTION 50-11-100, RELATING TO WILDLIFE, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO INTENTIONALLY TAKE WILDLIFE INSIDE AN ENCLOSURE WHICH PREVENTS OR MATERIALLY IMPEDES THE FREE RANGE OF WILDLIFE; TO PROVIDE AN EXCEPTION FOR ENCLOSURES REGISTERED WITH THE DEPARTMENT OF NATURAL RESOURCES WITHIN THIRTY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION; AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 1, Chapter 11, Title 50 of the 1976 Code is amended by adding:
"Section 50-11-100. (A) Except as provided in this section, it is unlawful to hunt deer with a weapon inside an enclosure which prevents or materially impedes the free range of the deer being hunted.
(B) A person who violates a provision of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one thousand dollars nor more than two thousand five hundred dollars or imprisoned for not less than one year nor more than three years, or both. The hunting and fishing privileges of a person convicted under the provisions of this section must also be suspended for two years. In addition, the court in which a person violating this section is convicted may order that restitution be paid to the department of not less than one thousand five hundred dollars for each animal taken in violation of this section.
(C)(1) This section does not apply to enclosures registered with the department within thirty days after the effective date of this section, provided the enclosure is an existing, completed enclosure in that the construction of the enclosure is wholly complete in every respect and requires no further labor or material to erect or complete the construction of the enclosure.
(2) After an enclosure is registered with the department, the owner may not increase or decrease the enclosed area. The owner may make repairs necessary for the care and maintenance of the enclosure provided the repairs do not have the effect of increasing or decreasing the enclosed area.
(D) If any term or provision of this section is declared unconstitutional, illegal, or unenforceable by a court of competent jurisdiction, the remainder of this section is severable and remains in full force and effect."
SECTION 2. This act takes effect upon approval by the Governor.
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