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Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
February 27, 2002
S. 969
S. Printed 2/27/02--S.
Read the first time February 5, 2002.
To whom was referred a Bill (S. 969) to amend Section 50-11-2210, as amended, Code of Laws of South Carolina, 1976, relating to unlawful abuse of wildlife management area lands and improvements, 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 1, page 1, line 30, by striking SECTION 1 in its entirety and inserting:
/ SECTION 1. Section 50-11-2210 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 50-11-2210. The abuse, misuse, damage, or destruction of wildlife management area land and or improvements thereon on wildlife management area land is unlawful. Any A person who abuses, misuses, damages, or destroys wildlife management area land or improvements on them including, but not limited to, roads, vegetation, buildings, structures, or fences or leaves refuse, trash, or other debris on the property or sets, makes, or builds a fire except in an area specially designated by the department or landowner as a campfire area, operates a motor conveyance in an area or on a road closed to operation, conducts target practice except in a designated target practice area, camps in an area not designated as a campsite, disregards a safety or restrictive posting by the landowner, or who otherwise abuses, damages, destroys, or misuses a wildlife management area is guilty of a misdemeanor and, upon conviction, must be fined two hundred dollars and be
required to make restitution to the landowner in an amount determined by the court to be necessary to repair, rebuild, restore, or clean up, or restore the property to its condition before the abuse occurred. Any A person failing to make restitution within the time limit set by the court shall must serve a mandatory ten-day sentence in the county jail which may not be suspended in whole or in part. The provisions of this section are in addition to other criminal penalties." /
Renumber sections to conform.
Amend title to conform.
GREG GREGORY for Committee.
TO AMEND SECTION 50-11-2210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL ABUSE OF WILDLIFE MANAGEMENT AREA LANDS AND IMPROVEMENTS, SO AS TO PROVIDE THAT CERTAIN ACTIVITIES ARE UNLAWFUL ABUSES OF WILDLIFE MANAGEMENT AREA LANDS AND IMPROVEMENTS; AND TO AMEND SECTION 50-11-2220, AS AMENDED, RELATING TO ADDITIONAL PENALTIES FOR ABUSING WILDLIFE MANAGEMENT AREA LANDS AND IMPROVEMENTS, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO ENTER ONTO WILDLIFE MANAGEMENT AREA LANDS AFTER LOSING THE PRIVILEGE TO ENTER WILDLIFE MANAGEMENT AREA LANDS, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 50-11-2210 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 50-11-2210. The abuse, misuse, damage, or destruction of wildlife management area land and or improvements thereon on wildlife management area land is unlawful. Any A person who abuses, misuses, damages, or destroys wildlife management area land or improvements on them including, but not limited to, roads, vegetation, buildings, structures, or fences or leaves refuse, trash, or other debris on the property or sets, makes, or builds a fire except in an area specially designated by the department or landowner as a campfire area, operates a motor conveyance in an area or on a road closed to operation, conducts target practice except in a designated target practice area, camps in an area not designated as a campsite, disregards a safety or restrictive posting by the landowner, or who otherwise abuses, damages, destroys, or misuses a wildlife management area is guilty of a misdemeanor and, upon conviction, must be fined two hundred dollars and be required to make restitution to the landowner in an amount determined by the court to be necessary to repair, rebuild, restore, or clean up, or restore the property to its condition before the abuse occurred. Any A person failing to make restitution within the time limit set by the court shall must serve a mandatory ten-day sentence in the county jail which may not be suspended in whole or in part. The provisions of this section are in addition to other criminal penalties."
SECTION 2. Section 50-11-2220 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 50-11-2220. Any A person convicted of violating the provisions of Section 50-11-2210 twice within a three-year period, in addition to the penalties prescribed incurred for violating Section 50-11-2210, shall must lose the privileges privilege of entering onto wildlife management area land for one year. Any person convicted twice within a three-year period of a violation of Section 50-11-2210 or within the same period of time convicted twice of unlawful commercial hunting or fishing on wildlife management area lands, in addition to the penalties prescribed in Section 50-11-2210, is forever barred from obtaining a Wildlife Management Area permit and shall lose his right to hunt and fish within the State for one year. A person who enters a wildlife management area after losing the privilege to enter wildlife management areas is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred dollars nor more than five hundred dollars or imprisoned for not more than thirty days and must have the privilege to hunt or fish suspended for one year. The provisions of this section are in addition to other criminal penalties."
SECTION 3. This act takes effect upon approval by the Governor.
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