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A214, R258, H4547
Sponsors: Rep. Vick
Document Path: l:\council\bills\gjk\20422sd08.doc
Companion/Similar bill(s): 424, 3510
Introduced in the House on January 23, 2008
Introduced in the Senate on February 26, 2008
Passed by the General Assembly on May 1, 2008
Governor's Action: May 13, 2008, Signed
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 1/23/2008 House Introduced and read first time HJ-19 1/23/2008 House Referred to Committee on Agriculture, Natural Resources and Environmental Affairs HJ-20 2/20/2008 House Committee report: Favorable Agriculture, Natural Resources and Environmental Affairs HJ-2 2/21/2008 House Read second time HJ-17 2/21/2008 House Unanimous consent for third reading on next legislative day HJ-19 2/21/2008 Scrivener's error corrected 2/22/2008 House Read third time and sent to Senate HJ-1 2/26/2008 Senate Introduced and read first time SJ-8 2/26/2008 Senate Referred to Committee on Fish, Game and Forestry SJ-8 3/5/2008 Senate Committee report: Favorable Fish, Game and Forestry SJ-15 4/30/2008 Senate Read second time SJ-37 5/1/2008 Senate Read third time and enrolled SJ-26 5/8/2008 Ratified R 258 5/13/2008 Signed By Governor 5/19/2008 Copies available 5/19/2008 Effective date 05/13/08 5/20/2008 Act No. 214
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
(A214, R258, H4547)
AN ACT TO AMEND SECTION 50-9-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MIGRATORY WATERFOWL STAMPS, SO AS TO PROVIDE FOR THE COST OF REQUIRED MIGRATORY WATERFOWL PERMITS, THE MANNER IN WHICH THEY ARE SOLD, AND FOR PRODUCTION AND SALE OF COMMEMORATIVE STAMPS; TO AMEND SECTION 50-9-535, RELATING TO MIGRATORY GAME BIRD PERMITS, FEES, AND INTEGRATION WITH OTHER HUNTING LICENSES, SO AS TO PROVIDE THAT STATE RESIDENTS WHO ARE AT LEAST SIXTY-FOUR AND WHO HOLD A LIFETIME HUNTING AND FISHING LICENSE ARE NOT REQUIRED TO HAVE A MIGRATORY GAME BIRD PERMIT; TO AMEND SECTION 50-11-20, RELATING TO THE MIGRATORY WATERFOWL COMMITTEE, SO AS TO FURTHER DEFINE THE RESPONSIBILITIES AND DUTIES OF THE MIGRATORY WATERFOWL COMMITTEE AND TO DELETE PER DIEM AUTHORIZATIONS; AND BY ADDING SECTION 50-11-22 SO AS TO MAKE IT UNLAWFUL TO HARM, DISTURB, OR TAKE ACTIVELY NESTING WATERFOWL OR TO DISTURB OR DAMAGE A WATERFOWL NEST BOX, AND PROVIDE PENALTIES FOR VIOLATION.
Be it enacted by the General Assembly of the State of South Carolina:
Migratory waterfowl permits; commemorative stamps
SECTION 1. Section 50-9-530 of the 1976 Code is amended to read:
"Section 50-9-530. For purposes of this chapter:
(1) 'Migratory waterfowl' means members of the family Anatidae, including brants, ducks, geese, and swans. For the privilege of hunting or taking migratory waterfowl in this State, in addition to a hunting license, a person must purchase a migratory waterfowl permit for five dollars and fifty cents. Evidence of purchase must be endorsed on the hunting license. Fifty cents of the cost may be retained by the issuing sales agent, and the balance must be paid to the department. Permits expire June thirtieth of each year.
(2) The department shall produce commemorative stamps as collector's items which must be sold at a price of not less than five dollars and fifty cents. Commemorative stamps are not valid for hunting. These proceeds must be retained by the department. Anyone who purchases a migratory waterfowl permit may obtain a commemorative stamp at no additional cost.
(3) Revenue derived from the sale of the permit and commemorative stamp may be used only for the cost of printing, promoting, and producing the stamp and for those migratory waterfowl projects specified by the board for the development, protection, and propagation of waterfowl in this State. None of the funds may be expended for administrative salaries. All balances must be carried forward from year to year so none of the funds revert to the general fund."
When migratory game bird permit not required
SECTION 2. Section 50-9-535 of the 1976 Code is amended by adding at the end:
"South Carolina residents who have attained the age of sixty-four and hold a statewide lifetime hunting and fishing license are not required to have a state migratory game bird permit."
Duties and responsibilities of committee revised; per diem not authorized
SECTION 3. Section 50-11-20(B) and (C) of the 1976 Code is amended to read:
"(B) There is created the Migratory Waterfowl Committee composed of nine members. A designee of Ducks Unlimited of South Carolina, who is not a paid employee, a designee of the South Carolina Waterfowl Association, who is not a paid employee, and the chairman of the board of the Department of Natural Resources, or his designee, shall serve ex officio. Two members appointed by the chairman of the Agriculture and Natural Resources Committee of the House of Representatives, two are appointed by the chairman of the Fish, Game and Forestry Committee of the Senate, and two are appointed by the Governor, all of whom must be cognizant of waterfowl. The members of the committee shall serve for terms of three years and until successors are appointed and qualify. Vacancies are filled for the unexpired term in the manner of the original appointment. The members of the committee shall elect a chairman annually.
(C) The committee shall manage the selection of the annual commemorative migratory waterfowl stamp design. The department may provide for the production, promotion, and sale of the stamps and any prints or related items. Funds derived from the sale of prints and related items must be expended as follows:
(1) for the administration of the migratory waterfowl stamp and print program;
(2) the remainder of the funds must be used to benefit waterfowl for South Carolina. The board may fund projects of an appropriate nonprofit organization for the protection, improvement, and development of waterfowl habitat in Canada or in those areas designated by the United States Fish and Wildlife Service as joint venture areas that are outside of the State of South Carolina. The projects shall specifically benefit waterfowl for South Carolina and shall demonstrate that the expenditure is acceptable to the appropriate government agency having jurisdiction over the area. Further, the recipient must match the funding at least at a ratio of one to one; and
(3) all balances must be carried forward from year to year so none of the funds revert to the general fund."
SECTION 4. Chapter 11, Title 50 of the 1976 Code is amended by adding:
"Section 50-11-22. (A) It is unlawful to harm, disturb, molest, or take an actively nesting waterfowl, its nest, or eggs, including the male, except by permit issued by the federal government or its agent.
(B) It is unlawful to disturb, damage, or destroy the nest including a nest box or eggs of any waterfowl except by permit issued by the federal government or its agent. Provided, nothing in this section prohibits inspection of nests for biological purposes.
Any person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred nor more than five hundred dollars or imprisoned for up to thirty days. In addition, anyone convicted forfeits all hunting and fishing privileges for one year."
SECTION 5. This act takes effect upon approval by the Governor.
Ratified the 8th day of May, 2008.
Approved the 13th day of May, 2008.
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