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COMMITTEE REPORT
April 22, 2003
S. 423
S. Printed 4/22/03--S.
Read the first time February 27, 2003.
To whom was referred a Bill (S. 423) to amend Section 50-11-730, as amended, Code of Laws of South Carolina, 1976, relating to hunting from water conveyances, so a to revise, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 50-11-730 of the 1976 Code is amended to read:
"Section 50-11-730. (A) For purposes of this section, 'loaded' means the rifle or shotgun contains ammunition.
(B) It is unlawful for any person to: hunt, shoot, or in any way kill deer from a motorboat, raft, or other water conveyance or to molest deer while any part of the deer is in the water. Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be imprisoned for not less than thirty days nor more than ninety days or be fined not less than one hundred dollars nor more than five hundred dollars.
'Hunting', as used in this section in reference to a vehicle, boat, or device, includes the transportation of a hunter to or from the place of hunting in violation of this section, or the transportation of the carcass of a deer, or any part of a deer, which has been unlawfully hunted or killed in violation of this section.
(1) take or attempt to take or molest a deer, bear or turkey from a boat or other water conveyance;
(2) take or attempt to take or molest a deer or bear while the animal's free movement is impeded by water; or
(3) possess a loaded centerfire rifle, or shotgun loaded with buckshot or slugs, while afloat.
(C) This section does not prohibit hunting or taking migratory birds or small game.
(D) In addition to the penalty herein, every boat, raft, or other water conveyance, vehicle, animal, firearm, and any other device being used in the violation of this section must be confiscated and delivered to the department. Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be imprisoned for not less than thirty days nor more than ninety days or be fined not less than one hundred dollars nor more than five hundred dollars. In addition to the criminal penalties in this section, a person convicted of a violation of this section must forfeit the weapon, ammunition, vehicle, water conveyance, motor, trailer, and all associated equipment to the State. For purposes of this section, a A conviction for unlawfully hunting deer from boats or other water conveyances a violation of this section is conclusive evidence as against any a convicted owner of the above-mentioned property subject to forfeiture under this section. In all other cases, the forfeiture and sale is accomplished as provided by law the procedure set forth in Section 50-11-740."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
GREG GREGORY for Committee.
TO AMEND SECTION 50-11-730, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING FROM WATER CONVEYANCES, SO A TO REVISE THE SECTION AND FURTHER PROVIDE THAT IT IS UNLAWFUL TO POSSESS A SHOTGUN OR RIFLE WHILE AFLOAT WHICH IS LOADED WITH AMMUNITION DESIGNED FOR OR CAPABLE OF TAKING DEER OR BEAR, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 50-11-730 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 50-11-730. (A) For purposes of this section, and with reference to a rifle or shotgun, 'loaded' means the rifle or shotgun contains ammunition designed for or capable of taking deer or bear.
(B) It is unlawful for any person to hunt, shoot, or in any way kill deer from a motorboat, raft, or other water conveyance or to molest deer while any part of the deer is in the water. Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be imprisoned for not less than thirty days nor more than ninety days or be fined not less than one hundred dollars nor more than five hundred dollars.
'Hunting', as used in this section in reference to a vehicle, boat, or device, includes the transportation of a hunter to or from the place of hunting in violation of this section, or the transportation of the carcass of a deer, or any part of a deer, which has been unlawfully hunted or killed in violation of this section. to:
(1) take or attempt to take or molest a deer, bear, or turkey from a boat or other water conveyance;
(2) take or attempt to take or molest a deer or bear while the animal's free movement is impeded by water; or
(3) possess a shotgun or rifle while afloat which is loaded with ammunition designed for or capable of taking deer or bear.
(C) This section does not prohibit hunting or taking migratory birds or small game.
(D) When a person is charged with or arrested for a violation of this section, or as soon thereafter as may be practical.
In addition to the penalty herein, every boat, raft, or other water conveyance, vehicle, animal, firearm, weapon, and any other device being used in the violation of this section must be confiscated and delivered to the department.
(E) In addition to the criminal penalties in this section, a person convicted of a violation of this section must forfeit the weapon, ammunition, vehicle, water conveyance, motor, trailer, and all associated equipment to the State.
For purposes of this section, a A conviction for unlawfully hunting deer from boats or other water conveyances a violation of this section is conclusive as against any a convicted owner of the above-mentioned property subject to forfeiture under this section. In all other cases, the forfeiture and sale is accomplished by the procedure set forth in Section 50-11-740."
SECTION 2. This act takes effect upon approval by the Governor.
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