Download This Version in Microsoft Word format
Indicates Matter Stricken
Indicates New Matter
Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
March 31, 2004
H. 3813
S. Printed 3/31/04--S.
Read the first time March 9, 2004.
To whom was referred a Bill (H. 3813) to amend the Code of Laws of South Carolina, 1976, by adding Section 50-3-415 so as to provide that an agency enforcing natural resources, game, 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, by adding appropriately numbered SECTIONS to read:
/ SECTION ___. Section 50-3-410(A) of the 1976 Code is amended to read:
"(A) Enforcement officers and deputy enforcement officers employed 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;
(18) driving under the influence, Section 56-5-2930."
SECTION ___. Section 50-9-920(C) of the 1976 Code is 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."
SECTION ___. Section 50-15-50 of the 1976 Code is amended to read:
"Section 50-15-50. (aA) 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.
(bB) 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.
(cC) The Governor shall encourage other state and federal agencies to utilize their authorities in furtherance of the purposes of this section.
(dD) The department may permit, under such terms and conditions as may be prescribed by regulation, 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.
(eE) 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 owner's 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 ___. Section 50-15-80 of the 1976 Code is amended to read:
"Section 50-15-80. (A) A person who violates Section 50-15-50(f), Section 50-15-30(c) 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 six months, or both 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.
(E) A person who violates regulations promulgated pursuant to Section 50-15-30 governing hunting, taking, possessing, storing, transporting, processing, selling, offering for sale, or shipping of an American alligator (Alligator mississippiensis) or parts or products of an alligator or a common or contract carrier who knowingly violates the regulations, upon conviction, must be fined not less than one thousand nor more than five thousand dollars or imprisoned not more than one year." /
Renumber sections to conform.
Amend title to conform.
GREG GREGORY for Committee.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-3-415 SO AS TO PROVIDE THAT AN AGENCY ENFORCING NATURAL RESOURCES, GAME, FISH, OR BOATING LAWS MUST REPORT CRIMINAL CHARGES MADE AND THEIR DISPOSITION TO THE DEPARTMENT OF NATURAL RESOURCES, AND FURTHER PROVIDE FOR USE OF THE REPORTS BY THE DEPARTMENT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 3, Title 50 of the 1976 Code is amended by adding:
"Section 50-3-415. Notwithstanding another law:
(A) An agency which enforces natural resources, game, fish, or boating laws must report each criminal charge made and its disposition to the department.
(B) The report to the department must be made by forwarding a legible copy of the charging document showing the disposition made of the charge not later than the tenth day of the month following the date the disposition of the charge was made. The copy received is the department's official record of the charge and its disposition. The department must enter and process the charge and enforce mandated suspensions based on the information provided in the report.
(C) The department must make criminal records maintained by the department available to another law enforcement agency upon request."
SECTION 2. This act takes effect upon approval by the Governor.
This web page was last updated on Thursday, June 25, 2009 at 9:41 A.M.