South Carolina General Assembly
113th Session, 1999-2000

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Bill 4703


                    Current Status

Bill Number:                      4703
Ratification Number:              429
Act Number:                       353
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  20000229
Primary Sponsor:                  Sharpe
All Sponsors:                     Sharpe and Witherspoon
Drafted Document Number:          l:\council\bills\swb\5066djc00.doc
Date Bill Passed both Bodies:     20000601
Date of Last Amendment:           20000601
Governor's Action:                S
Date of Governor's Action:        20000614
Subject:                          Deer, unlawful to build enclosure which 
                                  prevents hunting of; Predatory animals, 
                                  trapping of; Fish and Game


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
------  20000628  Act No. A353
------  20000614  Signed by Governor
------  20000608  Ratified R429
House   20000601  Concurred in Senate amendment, 
                  enrolled for ratification
Senate  20000601  Amended, read third time, 
                  returned to House with amendment
Senate  20000530  Made Special Order
Senate  20000524  Read second time, ordered to
                  third reading with notice of
                  general amendments, carrying
                  over all amendments to third
                  reading
Senate  20000509  Recalled from Committee,               07 SFGF
                  placed on the Calendar
Senate  20000509  Introduced, read first time,           07 SFGF
                  referred to Committee
House   20000504  Read third time, sent to Senate
House   20000503  Amended, read second time
House   20000413  Request for debate by Representative           Easterday
                                                                 Kennedy
                                                                 Delleney
                                                                 Young-
                                                                 Brickell
                                                                 Jennings
                                                                 Gourdine
                                                                 Hosey
                                                                 Govan
                                                                 Hayes
                                                                 Clyburn
                                                                 Chellis
                                                                 Ott
                                                                 Witherspoon
                                                                 Perry
                                                                 Sharpe
                                                                 Davenport
                                                                 Quinn
                                                                 Knotts
House   20000413  Amended
House   20000412  Debate adjourned until
                  Thursday, 20000413
House   20000411  Debate adjourned until
                  Wednesday, 20000412
House   20000405  Committee report: Favorable with       20 HANR
                  amendment
House   20000229  Introduced, read first time,           20 HANR
                  referred to Committee


              Versions of This Bill
Revised on April 5, 2000 - Word format
Revised on April 13, 2000 - Word format
Revised on May 3, 2000 - Word format
Revised on May 9, 2000 - Word format
Revised on June 1, 2000 - Word format

View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A353, R429, H4703)

AN ACT TO AMEND CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROTECTION OF GAME, BY ADDING SECTION 50-11-100, RELATING TO WILDLIFE, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO CONSTRUCT A NEW ENCLOSURE WHICH PREVENTS OR MATERIALLY IMPEDES THE FREE RANGE OF DEER BEING HUNTED, TO REQUIRE OWNERS OR LESSEES OF PROPERTY WHICH HAVE ENCLOSURES WHICH PREVENT OR MATERIALLY IMPEDE THE FREE RANGE OF THE DEER BEING HUNTED TO REGISTER WITH THE DEPARTMENT OF NATURAL RESOURCES WITHIN THIRTY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION, TO LIMIT EXPANSION OF ENCLOSURES, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION; AND TO AMEND CHAPTER 11, TITLE 50, BY ADDING SECTION 50-11-1145, SO AS TO PROVIDE THAT THE OWNER, LESSEE, OR PERSON IN LAWFUL POSSESSION OF LAND WHEREON AN ENCLOSURE FOR RUNNING RABBITS WITH DOGS HAS BEEN ERECTED MAY TRAP PREDATORY ANIMALS WITHIN THE ENCLOSURE USING A CAGE-TYPE TRAP THAT DOES NOT INJURE OR KILL THE ANIMAL, TO PROHIBIT THE USE OF POLE-TOP TRAPS, STEEL TRAPS, FOOT-HOLD TRAPS, RUBBER PADDED TRAPS, BODY GRIPPING TRAPS, OR TRAPS THAT INJURE OR KILL AN ANIMAL, AND TO REQUIRE THAT ALL ANIMALS TRAPPED MUST BE RELEASED BACK INTO THE WILD UNHARMED.

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

Unlawful to construct new enclosure; registration of owners or lessees; expansion of enclosures; penalties

SECTION 1. Article 1, Chapter 11, Title 50 of the 1976 Code is amended by adding:

"Section 50-11-100. (A) It is unlawful to construct a new enclosure which prevents or materially impedes the free range of the deer being hunted. For purposes of the definitions herein, 'prevents or materially impedes' means erecting a fence in excess of six feet in height from ground level for the express purpose of corralling wild game for hunting purposes.

(B) A person who violates a provision of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one thousand dollars nor more than two thousand five hundred dollars or imprisoned for not less than one year nor more than three years, or both. The hunting and fishing privileges of a person convicted under the provisions of this section must also be suspended for two years. In addition, the court in which a person violating this section is convicted may order that restitution be paid to the department of not less than one thousand five hundred dollars for each animal taken in violation of this section and shall be ordered to remove the enclosure.

(C)(1) All owners or lessees of property which have enclosures which prevent or materially impede the free range of the deer being hunted must register with the department within thirty days after the effective date of this section, provided, the enclosure is an existing, completed enclosure in that the construction of the enclosure is wholly complete in every respect and requires no further labor or material to erect or complete the construction of the enclosure thirty days after the effective date of this section.

(2) Except as provided in item (3), after an enclosure is registered with the department, the owner may expand but may not decrease the enclosed area. The owner may make repairs necessary for the care and maintenance of the enclosure.

(3) Expansion of a registered enclosure of less than seven hundred acres is limited to an aggregate of up to fifteen percent of the area of the enclosure as of the time the enclosure was registered. Expansion of a registered enclosure of seven hundred acres or more may not exceed an aggregate of four hundred acres.

(D) It is unlawful to hunt deer with dogs in an enclosure registered with the department pursuant to Section 50-11-100(C)(1).

(E) It is unlawful to construct any mound, platform, or other device designed to allow animals into an enclosed area.

(F) If any term or provision of this section is declared unconstitutional, illegal, or unenforceable by a court of competent jurisdiction, the remainder of this section is severable and remains in full force and effect."

Trapping predatory animals within enclosure; traps that may not be used; release of trapped animals

SECTION 2. Chapter 11, Title 50 of the 1976 Code is amended by adding:

"Section 50-11-1145. Notwithstanding any other provision of law, and at any time during the year, the owner, lessee, or person in lawful possession of land whereon an enclosure for running rabbits with dogs has been erected may trap fox, wildcat, bobcat, wolf, coyote, skunk, raccoons, and any other predatory animal within the enclosure when using a cage-type trap that does not injure or kill the animal. No pole-top trap, steel trap, foot-hold trap, rubber padded trap, body gripping trap, or trap that injures or kills an animal may be used to remove predatory animals from an enclosure, and all animals trapped in a cage-type trap must be released back into the wild unharmed at another location."

Time effective

SECTION 3. This act takes effect upon approval by the Governor.

Ratified the 8th day of June, 2000.

Approved the 14th day of June, 2000.

__________


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