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A246, R329, H4591
Sponsors: Rep. Bailey
Document Path: l:\council\bills\gjk\20857sd04.doc
Introduced in the House on January 21, 2004
Introduced in the Senate on February 24, 2004
Last Amended on May 11, 2004
Passed by the General Assembly on May 12, 2004
Governor's Action: May 24, 2004, Signed
Summary: Crossbow hunting by disabled person; disability certified
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 1/21/2004 House Introduced and read first time HJ-75 1/21/2004 House Referred to Committee on Agriculture, Natural Resources and Environmental Affairs HJ-75 2/18/2004 House Committee report: Favorable Agriculture, Natural Resources and Environmental Affairs HJ-11 2/19/2004 House Read second time HJ-22 2/24/2004 House Read third time and sent to Senate HJ-7 2/24/2004 Senate Introduced and read first time SJ-10 2/24/2004 Senate Referred to Committee on Fish, Game and Forestry SJ-10 3/31/2004 Senate Committee report: Favorable with amendment Fish, Game and Forestry SJ-24 4/1/2004 Scrivener's error corrected 4/7/2004 Senate Amended SJ-37 4/8/2004 Scrivener's error corrected 4/21/2004 Senate Amended SJ-60 4/21/2004 Senate Read second time SJ-60 4/22/2004 Senate Read third time and returned to House with amendments SJ-10 4/29/2004 House Debate adjourned until Tuesday, May 4, 2004 HJ-28 5/4/2004 House Debate adjourned until Tuesday, May 11, 2004 HJ-15 5/11/2004 House Senate amendment amended HJ-28 5/11/2004 House Returned to Senate with amendments HJ-29 5/12/2004 Senate Concurred in House amendment and enrolled SJ-25 5/19/2004 Ratified R 329 5/24/2004 Signed By Governor 5/27/2004 Copies available 5/27/2004 Effective date 05/24/04 6/10/2004 Act No. 246
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
(A246, R329, H4591)
AN ACT TO AMEND SECTION 50-11-565, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF CROSSBOWS WHILE HUNTING BY DISABLED PERSONS, SO AS TO PERMIT THE STATEMENT OF DISABILITY TO BE CERTIFIED BY A RHEUMATOLOGIST AS WELL AS A NEUROLOGIST OR ORTHOPEDIST AND TO PROVIDE THAT IT IS NOT UNLAWFUL FOR A PERSON SIXTY-TWO YEARS OF AGE OR OLDER TO USE A CROSSBOW TO HUNT DURING SEASONS WHEN THE USE OF PRIMITIVE WEAPONS ARE AUTHORIZED FOR HUNTING; TO AMEND SECTION 50-15-50, AS AMENDED, RELATING TO PROGRAMS FOR MANAGEMENT OF NONGAME AND ENDANGERED WILDLIFE, SO AS TO AUTHORIZE THE DEPARTMENT TO PERMIT THE TAKING, POSSESSION, OR REMOVAL OF OTHER SPECIFIED TYPES OF SPECIES AND TO PROVIDE THAT THE DEPARTMENT MAY ISSUE PERMITS AT ANY TIME OF YEAR AND ON ANY AREA, INCLUDING A SANCTUARY, FOR THE REMOVAL AND DISPOSITION OF ALLIGATORS; TO AMEND 50-15-80, AS AMENDED, RELATING TO VARIOUS ENFORCEMENT AUTHORITY OF THE DEPARTMENT AND ITS OFFICERS, SO AS TO REVISE THE PENALTIES FOR TAKING CERTAIN NONGAME WILDLIFE INCLUDING THE REQUIREMENT OF RESTITUTION AND TO REMOVE PENALTIES RELATING TO THE TAKING OF ALLIGATORS NOW COVERED BY OTHER PROVISIONS; TO AMEND SECTION 50-3-410, AS AMENDED, RELATING TO THE USE OF AN OFFICIAL SUMMONS BY NATURAL RESOURCES AND OTHER OFFICERS FOR CERTAIN VIOLATIONS AND CRIMINAL OFFENSES, SO AS TO INCLUDE CERTAIN OTHER CRIMINAL OFFENSES; TO AMEND SECTION 50-9-920, AS AMENDED, RELATING IN PART TO THE DEPOSIT IN THE GAME PROTECTION FUND OF REVENUE DERIVED FROM THE SALE OF CERTAIN LICENSES AND FROM FINES AND FORFEITURES, SO AS TO PROVIDE THAT REVENUE DERIVED FROM THE INVESTIGATION OR PROSECUTION OF ALL OTHER OFFENSES BY THE DEPARTMENT RATHER THAN JUST THOSE SPECIFIED MUST BE DEPOSITED IN THIS FUND; TO ADD SECTION 50-11-34 SO AS TO MAKE IT UNLAWFUL TO HUNT MIGRATORY WATERFOWL IN CERTAIN COVES ON LAKE MARION AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Be it enacted by the General Assembly of the State of South Carolina:
Statement of disability
SECTION 1. Section 50-11-565(B) of the 1976 Code, as added by Act 347 of 1998, is amended to read:
"(B) Crossbows are legal for use statewide during any open season for deer, turkey, or bear by a person who suffers from an upper limb disability, provided the person, while hunting, has in immediate possession a written statement certifying the disability. The statement, based on a physical examination by a certifying neurologist, orthopedist, or rheumatologist shall describe the disability and shall state the person is not capable of operating archery equipment or a bow and arrow. A copy of the statement must be provided to the department prior to hunting with a crossbow."
Taking of certain species; permits for removal of alligators
SECTION 2. Section 50-15-50 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 50-15-50. (A) The board shall establish such programs, including acquisition of land or aquatic habitat, as are deemed necessary for management of nongame and endangered wildlife. The board shall utilize all authority vested in the department to carry out the purposes of this section.
(B) In carrying out programs authorized by this section, the department may enter into agreements with federal agencies, political subdivisions of the State, or with private persons for administration and management of any area established under this section or utilized for management of nongame or endangered wildlife.
(C) The Governor shall encourage other state and federal agencies to utilize their authorities in furtherance of the purposes of this section.
(D) The department may permit the taking, possession, transportation, exportation, or shipment of species or subspecies of wildlife which appear on the state list of endangered species, or species in need of management on the United States' List of Threatened or Endangered Native Fish and Wildlife, as amended and accepted in accordance with Section 50-15-40(d), or on the United States' List of Threatened or Endangered Foreign Fish and Wildlife, as such list may be modified hereafter, for scientific, zoological, or educational purposes, for propagation in captivity of such wildlife, or for other special purposes.
(E) Upon good cause shown, and where necessary to alleviate damage to property or to protect human health, endangered species may be removed, captured, or destroyed but only pursuant to permit issued by the department and, where possible, by or under the supervision of an agent of the department; provided, that threatened or endangered species or species in need of management may be removed, captured, or destroyed without permit by any person in emergency situations involving an immediate threat to human life. Provisions for removal, capture, or destruction of nongame wildlife for the purposes set forth above shall be set forth in regulations issued by the department pursuant to Section 50-15-30(a).
(F) In addition to programs established under this chapter, the department may issue permits at any time of year and on any area, including a sanctuary, for the removal and disposition of alligators to property owners, property owners' associations, property holding companies, and local governments or their agents without further review. Such permits shall specify the number and size of the alligators to be removed, the area from which the animals may be removed, the methods of removal, reporting requirements, disposition of parts and products of the animals taken, and other conditions, as needed."
SECTION 3. Section 50-15-80 of the 1976 Code, as last amended by Act 386 of 1994, is further amended to read:
"Section 50-15-80. (A) A person who violates Section 50-15-50(F), Section 50-15-30, or regulations promulgated pursuant to Section 50-15-30 or a person who fails to procure or violates the terms of a permit issued under the regulations is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days and ordered to pay restitution.
(B) A person who violates Section 50-15-40(c) or regulations promulgated pursuant to it or a person who fails to procure or violates the terms of a permit issued under Section 50-15-50(D) and (E) is guilty of a misdemeanor and, upon conviction, must be fined one thousand dollars or imprisoned not more than one year, or both.
(C) An enforcement officer employed and authorized by the department or a police officer of the State or a municipality or county within the State may conduct searches as provided by law and execute a warrant to search for and seize equipment, business records, merchandise, or wildlife taken, used, or possessed in connection with a violation of this chapter. The officer or agency, without a warrant, may arrest a person who the officer or agent has probable cause to believe is violating, in his presence or view, the chapter or a regulation or permit provided for by it. An officer or agent who has made an arrest of a person in connection with a violation may search the person or business records at the time of arrest and seize wildlife, records, or property taken or used in connection with the violation.
(D) Equipment, merchandise, wildlife, or records seized under subsection (C) must be held by an officer or agent of the department pending disposition of court proceedings and forfeited to the State for destruction or disposition as the board considers appropriate. Before forfeiture, the board may direct the transfer of wildlife seized to a qualified zoological, educational, or scientific institution for safekeeping. The costs of the transfer are assessable to the defendant. The department may promulgate regulations to implement this subsection."
Use of official summons
SECTION 4. Section 50-3-410(A) of the 1976 Code, as last amended by Act 275 of 2000, is further amended to read:
"(A) Enforcement officers and deputy enforcement officers authorized by the Department of Natural Resources, and any officer deputized by the department pursuant to Section 27-16-70, may use an official summons for violations of laws and regulations of the Department of Natural Resources; laws and regulations of the Department of Parks, Recreation and Tourism; laws and regulations of the State Commission of Forestry; laws and regulations of the Department of Health and Environmental Control pertaining to shellfish; trespass laws; and the following criminal offenses:
(1) interfering with a police officer, Section 16-5-50;
(2) disorderly conduct, Section 16-17-530;
(3) malicious injury to animals or personal property, Section 16-11-510;
(4) littering, Section 16-11-700;
(5) possession of beer or wine by a person underage, Section 20-7-8920;
(6) possession of alcoholic liquor by a person under twenty-one years of age, Section 20-7-8925;
(7) possession of marijuana (1 oz. or less), Section 44-53-370(c);
(8) violation of the South Carolina Underwater Antiquities Act, Sections 54-7-610 through 54-7-810;
(9) interfering with navigation, Sections 54-11-10 through 54-11-50;
(10) failure to stop for a blue light, Section 56-5-750;
(11) fishing from a posted bridge or roadway, Section 56-5-3110;
(12) unlawful possession and consumption of alcoholic liquor, Sections 61-6-1800, 61-6-2220, 61-6-4710;
(13) open container, Section 61-4-110;
(14) transporting uncovered loads on highways, Section 56-5-4100;
(15) destruction of sea oats or venus flytraps, Section 16-11-590;
(16) destruction of marsh, Section 48-39-130;
(17) inhumane treatment to animals, Section 47-1-40."
Revenues in Game Protection Fund
SECTION 5. Section 50-9-920(C) of the 1976 Code, as last amended by Act 100 of 1999, is further amended to read:
"(C) Revenue generated from the sale of other licenses and permits, except wildlife management area revenue, and revenue from the fines and forfeitures for violations of other sections of this title and for all other offenses investigated or prosecuted by the department, must be deposited with the State Treasury to the credit of the Game Protection Fund. This revenue must be expended by the department for the protection, promotion, propagation, and management of wildlife and fish, the enforcement of related laws, and the dissemination of information, facts, and findings the department considers necessary."
Use of crossbows by persons at least sixty-two
SECTION 6. Section 50-11-565 of the 1976 Code, as added by Act 347 of 1998, is amended by adding:
"(D) Notwithstanding this section or another provision of law, it is not unlawful for a person sixty-two years of age or older to use a crossbow to hunt during seasons when the use of primitive weapons is authorized for hunting."
Migratory waterfowl hunting unlawful
SECTION 7. Chapter 11, Title 50 of the 1976 Code is amended by adding:
"Section 50-11-34. It is unlawful to hunt migratory waterfowl in the cove on Lake Marion immediately to the southeast of the Indian Bluff Recreation Site and in the coves on Lake Marion immediately to the east of the St. Julien Subdivision Extension and Cypress Shores Marina, respectively. Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be punished by a fine not exceeding two hundred dollars or by imprisonment for a term not exceeding thirty days. The department shall delineate the boundaries of these coves to which the prohibition applies and shall place appropriate markers within these boundaries identifying the area as closed to migratory waterfowl hunting."
SECTION 8. This act takes effect upon approval by the Governor.
Ratified the 19th day of May, 2004.
Approved the 24th day of May, 2004.
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