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Current Status Bill Number:View additional legislative information at the LPITS web site.467 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:20010320 Primary Sponsor:Alexander All Sponsors:Alexander Drafted Document Number:l:\council\bills\swb\5152djc01.doc Residing Body:Senate Current Committee:Fish, Game and Forestry Committee 07 SFGF Subject:Bear constituting threat to persons or property, destroying of; Natural Resources Department, Fish and Game History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ Senate 20010320 Introduced, read first time, 07 SFGF referred to Committee Versions of This Bill
TO AMEND CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO THE PROTECTION OF GAME, BY ADDING SECTION 50-11-450 SO AS TO PROVIDE FOR THE CAPTURE, REMOVAL, AND RELEASE IN THE WILD OF BEAR CONSTITUTING A THREAT TO PERSONS OR PROPERTY BY THE DEPARTMENT OF NATURAL RESOURCES, AND TO PROVIDE THAT A BEAR CONSTITUTING A THREAT TO PERSONS OR PROPERTY THAT CANNOT SAFELY BE CAPTURED, REMOVED, AND RELEASED IN THE WILD MAY BE DESTROYED BY THE DEPARTMENT, PROVIDE THAT A PROPERTY OWNER MAY TAKE OR DESTROY A BEAR WHEN THE BEAR IS DESTROYING OR ABOUT TO DESTROY PUBLIC OR PRIVATE PROPERTY, PROVIDE THAT ANY PERSON MAY TAKE OR DESTROY A BEAR IN SELF-DEFENSE, DEFENSE OF HIS PROPERTY, OR IN DEFENSE OF ANOTHER PERSON, AND PROVIDE FOR REPORTING THE NECESSITY AND CIRCUMSTANCES OF TAKING OR DESTROYING A BEAR TO THE DEPARTMENT OF NATURAL RESOURCES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 50-11-450. (A) When a bear is found in proximity to any person, dwelling, domestic animal, or other place frequented, occupied, or traveled by persons or domestic animals, or to livestock or other property, and the presence of the bear at or near the place found creates or constitutes a clear and present danger to persons or property or a threat to the health, safety, and welfare of any person, dwelling, other place frequented, occupied, or traveled by any person, or to domestic animals, including livestock, or to any other property, the department is authorized to take action reasonably necessary to capture, relocate, and release the bear in the wild without harm to the bear. If the bear cannot be safely and reasonably captured, relocated, or released in the wild without harm to the bear, and without harm to persons or damage to property, it may be destroyed by the department or as provided in this section.
(B) Notwithstanding any other provision of law, a property owner or his designee may take or destroy a bear which is destroying, about to destroy, or damaging public or private property including, but not limited to, pets, bee hives, poultry, farm animals, livestock, or growing crops, without obtaining a furbearing animal depravation permit.
(C) A person who finds himself, his property, including pets, or another person in imminent danger of harm from a bear may take or destroy the bear in self-defense, in defense of his property, or in defense of another person.
(D) When a bear is taken or destroyed under the authority of this section the person who takes or destroys the bear must report that the bear has been taken or destroyed to the department as soon after the event as is reasonably possible, and must also provide all information relating to the necessity and circumstances surrounding taking or destroying the bear to the department upon request. The remains of the bear belong to the department and must be turned over to the department as soon as possible after the bear is taken or destroyed and disposed of at the discretion of the department.
SECTION 2. This act takes effect upon approval by the Governor.
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