Current Status Introducing Body:Senate Bill Number:794 Ratification Number:462 Act Number:397 Primary Sponsor:Drummond Type of Legislation:GB Subject:Wildlife or aquatic life; unlawful destruction of Date Bill Passed both Bodies:May 12, 1992 Computer Document Number:DKA/3064.BD Governor's Action:S Date of Governor's Action:Jun 01, 1992 Introduced Date:Mar 20, 1991 Date of Last Amendment:May 07, 1992 Last History Body:------ Last History Date:Jun 01, 1992 Last History Type:Act No. 397 Scope of Legislation:Statewide All Sponsors:Drummond Type of Legislation:General Bill
Bill Body Date Action Description CMN
---- ------ ------------ ------------------------------ ---
794 ------ Jun 01, 1992 Act No. 397
794 ------ Jun 01, 1992 Signed by Governor
794 ------ May 27, 1992 Ratified R 462
794 Senate May 12, 1992 Concurred in House amendment,
enrolled for ratification
794 House May 08, 1992 Read third time, returned
with amendment
794 House May 07, 1992 Amended, read second time,
unanimous consent for third
reading on Friday, May 8, 1992
794 House May 06, 1992 Debate adjourned until
Thursday, May 7, 1992
794 House Apr 16, 1992 Committee Report: Favorable 20
with amendment
794 House Apr 17, 1991 Introduced, read first time, 20
referred to Committee
794 Senate Apr 16, 1991 Read third time, sent to House
794 Senate Apr 10, 1991 Read second time, notice of
general amendments
794 Senate Apr 04, 1991 Committee Report: Favorable 07
794 Senate Mar 20, 1991 Introduced, read first time, 07
referred to Committee
View additional legislative information at the LPITS web site.
(R462, S794)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-1-270 SO AS TO PROVIDE FOR DAMAGES FOR THE UNLAWFUL GROSS DESTRUCTION OF OR INJURY TO WILDLIFE, AQUATIC LIFE, ENDANGERED AND THREATENED SPECIES, AND THE LANDS AND WATERS OWNED BY THE STATE AND EXEMPT ORDINARY AGRICULTURAL PRACTICES FROM THIS SECTION.
Be it enacted by the General Assembly of the State of South Carolina:
Damages for destruction of or injury to wildlife, aquatic life, endangered and threatened species, and state lands and waters; exception
SECTION 1. The 1976 Code is amended by adding:
"Section 50-1-270. (A) A person or public or private entity is liable to the State for the unlawful gross destruction of or injury to wildlife, aquatic life, endangered or threatened species, or the lands or waters owned by the State. For a deliberate or grossly negligent act, the State must be awarded damages of three times the value of the resource affected, plus costs, including attorney's fees. Monies paid in satisfaction of these claims must be used to restore, replenish, or enhance wildlife, aquatic life, endangered or threatened species, or the lands or waters owned by the State. For purposes of this section, the injury or damages must be caused by other than pollution.
(B) The South Carolina Wildlife and Marine Resources Department is the agency primarily responsible for the enforcement and implementation of this section. Other state agencies and governmental entities shall cooperate with the department in an effort to investigate the causes of the destruction or injury and shall assist in collecting the appropriate damages.
(C) This section does not apply to ordinary agricultural practices."
Time effective
SECTION 2. This act takes effect upon approval by the Governor.
In the Senate House May 27, 1992.
Nick A. Theodore,
President of the Senate
David M. Beasley,
Speaker Pro Tempore of the
House of Representatives
Approved the 1st day of June, 1992.
Carroll A. Campbell, Jr.,
Governor
Printer's Date -- July 7, 1992 -- S.