Bill 23

                    Current Status

Bill Number:               23
Ratification Number:       103
Act Number                 64
Introducing Body:          Senate
Subject:                   Migratory waterfowl stamp

(A64, R103, S23)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 60-9-165 SO AS TO PROVIDE FOR A MIGRATORY WATERFOWL STAMP, TO MAKE IT UNLAWFUL TO HUNT WATERFOWL WITHOUT SUCH STAMP AND PROVIDE PENALTIES FOR VIOLATIONS; AND BY ADDING SECTION 50-11-2135 SO AS TO CREATE THE MIGRATORY WATERFOWL COMMITTEE, PRESCRIBE ITS POWERS AND DUTIES AND PROVIDE FOR THE DISTRIBUTION OF FUNDS.

Be it enacted by the General Assembly of the State of South Carolina:

Migratory Waterfowl Stamp

SECTION 1. The 1976 Code is amended by adding:

"Section 50-9-155. For purposes of this section:

(1) 'Migratory waterfowl' shall mean members of the family Anatidae, including brants, ducks, geese and swans.

(2) 'Hunt' shall mean the act of taking, obtaining, pursuing trying to find or diligently seeking for migratory waterfowl.

It shall be unlawful for any person, other than one exempt from the requirement of purchasing hunting licenses by Article 9 of Chapter 9 of this title, to hunt any migratory waterfowl within this State without first procuring a state migratory waterfowl stamp and having a valid stamp for the year in his possession while hunting or transporting any migratory waterfowl. Any person violating the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction shall be fined not less than fifty dollars nor more than two hundred dollars or imprisoned for not more than thirty days.

Each stamp shall be validated by the signature of the licensee written across the face of the stamp. The South Carolina Wildlife and Marine Resources Commission (Commission) shall furnish the stamps to its authorized agents for issuance or sale in the same manner as other types of licenses.

The fee for each stamp shall be five dollars and fifty cents. Fifty cents of the stamp cost shall be retained by the issuing agent and the balance shall be paid to the Department. Each stamp shall expire on the last day of June following issuance.

The Department may produce stamps in any given year in excess of those necessary for sale in that year which may be sold to collectors or other persons desiring to purchase such stamps at a price of five dollars and fifty cents with all of the proceeds being retain by the Department.

All revenue derived from the sale of the stamp shall be used only for the cost of printing and production of the stamp and for those migratory waterfowl projects specified by the Commission for the development, protection and propagation of waterfowl in the State; None of such funds shall be expended for administrative salaries.

Migratory Waterfowl Committee

SECTION 2. The 1976 Code is amended by adding:

"Section 50-11-2135. As used in this section 'migratory waterfowl' shall mean members of the family Anatidae, including brants, ducks, geese and swans.

There is created the Migratory Waterfowl Committee (committee) which shall be composed of nine members. The Ducks Unlimited Regional Director for South Carolina and the immediate past and present chairman of Ducks Unlimited shall serve ex officio. Two members shall be appointed by the Chairman of the Agriculture and Natural Resources Committee of the House of Representatives, two shall be appointed by the Chairman of the Fish, Game and Forestry Committee of the Senate and two shall be appointed by the Governor, all of whom shall be cognizant of waterfowl. The members of the committee shall serve for terms of three years and until successors are appointed and qualify. Vacancies shall be filed for the unexpired term in the manner of the original appointment. The members of the committee shall elect a chairman annually. Provided however, that members of the committee shall not be eligible to receive subsistence or per diem.

The committee shall be responsible for the creation of the annual migratory waterfowl stamp provided in Section 50-9-155, shall provide the design to the Department and shall promulgate regulations the creation of migratory waterfowl stamp prints, their administration, sale and distribution, and other matters relating to the stamps and their prints. If the committee sells any of the stamps it shall purchase them from the Department for five dollars and fifty cents per stamp, all of which shall be retained by the Department. Funds derived from the sale of prints and related art work shall be expended as follows:

(1) Such portion of the funds as may be necessary to make up fifty percent of the total funds derived from the sale of the migratory waterfowl stamps and the migratory waterfowl stamp prints shall be transferred by the committee to the Commission to be used for

(2) The remainder of the funds derived from the sale of such prints and related articles shall be disbursed to an appropriate non-profit organization for the development of waterfowl propagation projects within the Dominion of Canada which specifically provide waterfowl for the Atlantic Flyway after obtaining evidence that the having jurisdiction over the project areas.

The committee shall have an annual audit of its finances conducted by a certified public accounting firm and shall furnish a copy to the department.

Time effective

SECTION 3. This act shall take effect July 1, ACN:.