South Carolina General Assembly
105th Session, 1983-1984

Bill 2987


                    Current Status

Bill Number:               2987
Ratification Number:       356
Act Number:                324
Introducing Body:          House
Subject:                   Relating to the State Migratory Waterfowl
                           Committee
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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A324, R356, H2987)

AN ACT TO AMEND SECTION 50-11-2135, CODE OF LAWS OF SOUTH

CAROLINA, 1976, RELATING TO THE STATE MIGRATORY WATERFOWL

COMMITTEE, SO AS TO DEFINE COMMITTEE, COMMISSION, AND DEPARTMENT,

TO PROVIDE THAT EXCEPT FOR ADMINISTRATION AND PROMOTION COSTS FUNDS DERIVED FROM THE SALE OF WATERFOWL PRINTS MUST BE USED FOR THE DEVELOPMENT OF WATERFOWL PROPAGATION PROJECTS WITHIN THE DOMINION OF CANADA, AND TO PROVIDE THAT THE STATE AUDITOR SHALL AUDIT THE FINANCES OF THE COMMITTEE.

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

Definitions, composition, powers of committee

SECTION 1. Section 50-11-2135 of the 1976 Code, as established by Section 2 of Act 64 of 1981, is amended to read:

"Section 50-11-2135. (A) As used in this section:

(1) 'Commission' means the South Carolina Wildlife and Marine Resources Commission.

(2) 'Committee' means the Migratory Waterfowl Committee.

(3) 'Department' means the South Carolina Wildlife and Marine Resources Department.

(4) 'Migratory waterfowl' means members of the family 'Anatidae', including brants, ducks, geese, and swans.

(B) There is created the Migratory Waterfowl Committee (committee) which must 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 filled for the unexpired term in the manner of the original appointment. The members of the committee shall elect a chairman annually. Members of the committee are eligible to receive subsistence or per diem.

(C) The committee is 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 for 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 artwork shall be expended as follows:

(1) The portion of the funds 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 must be transferred by the committee to the Commission to be used for its specified projects.

(2) Except for the amount necessary for the Committee to administer and promote the sale of any prints, stamps, or related articles; the remainder of the funds derived from the sale of the prints and related articles must be disbursed to an appropriate nonprofit organization for the development of waterfowl propagation projects within the Dominion of Canada. The projects shall specifically provide waterfowl for the Atlantic Flyway and shall demonstrate evidence that the projects are acceptable to the appropriate governmental agencies having jurisdiction over the project areas.

(3) The committee shall have an annual audit of its finances conducted by the State Auditor and shall furnish a copy to the Department."

Time effective

SECTION 2. This act shall take effect upon approval by the Governor.