South Carolina General Assembly
117th Session, 2007-2008

Download This Bill in Microsoft Word format

A268, R315, S1244

STATUS INFORMATION

General Bill
Sponsors: Senators Campsen, Gregory, Cromer, Ceips, McConnell, Scott and Cleary
Document Path: l:\council\bills\gjk\20614sd08.doc

Introduced in the Senate on March 27, 2008
Introduced in the House on April 24, 2008
Passed by the General Assembly on May 29, 2008
Governor's Action: June 4, 2008, Signed

Summary: Wildlife Endowment Fund

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   3/27/2008  Senate  Introduced and read first time SJ-16
   3/27/2008  Senate  Referred to Committee on Fish, Game and Forestry SJ-16
   4/17/2008  Senate  Committee report: Favorable Fish, Game and Forestry SJ-12
   4/22/2008  Senate  Read second time SJ-15
   4/23/2008  Senate  Read third time and sent to House SJ-32
   4/24/2008  House   Introduced and read first time HJ-15
   4/24/2008  House   Referred to Committee on Agriculture, Natural Resources 
                        and Environmental Affairs HJ-16
   5/21/2008  House   Recalled from Committee on Agriculture, Natural 
                        Resources and Environmental Affairs HJ-73
   5/28/2008  House   Read second time HJ-24
   5/29/2008  House   Read third time and enrolled HJ-14
   5/29/2008          Ratified R 315
    6/4/2008          Signed By Governor
   6/11/2008          Copies available
   6/11/2008          Effective date 06/04/08
   6/13/2008          Act No. 268

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

3/27/2008
4/17/2008
5/21/2008


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

(A268, R315, S1244)

AN ACT TO AMEND SECTION 50-3-730, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOURCE OF ASSETS OF THE WILDLIFE ENDOWMENT FUND, SO AS TO PROVIDE THAT ALL LIFETIME PRIVILEGE FEES SHALL BE PART OF THE ASSETS OF THE FUND; TO AMEND SECTION 50-9-510, RELATING TO HUNTING AND FISHING LICENSES AUTHORIZED FOR SALE, SO AS TO PROVIDE THAT A LIFETIME STATEWIDE HUNTING LICENSE MAY BE OBTAINED FROM THE DEPARTMENT AT DESIGNATED LICENSING LOCATIONS RATHER THAN AT THE DEPARTMENT'S COLUMBIA HEADQUARTERS; TO AMEND SECTION 50-9-520, RELATING TO LIFETIME COMBINATION LICENSES, SO AS TO REVISE THE TYPE OF LICENSES OFFERED, THE FEES FOR THESE LICENSES, THE LOCATIONS AT WHICH THEY MAY BE OBTAINED, AND THE PROCESS FOR CONVERTING CERTAIN LIFETIME LICENSES INTO SENIOR LIFETIME LICENSES; TO AMEND SECTION 50-9-540, RELATING TO FISHING LICENSES, SO AS TO CLARIFY THAT CERTAIN LICENSES ARE FOR RECREATIONAL FRESHWATER FISHING AND TO PROVIDE THE PROCEDURE AND FEE FOR OBTAINING A LIFETIME SALTWATER RECREATIONAL FISHERIES LICENSE; TO AMEND SECTION 50-13-1130, RELATING TO WHEN COMMERCIAL FRESHWATER FISHING LICENSES ARE REQUIRED, SO AS TO FURTHER PROVIDE FOR WHEN THESE LICENSES ARE REQUIRED; AND TO AMEND SECTION 50-13-1135, RELATING TO WHEN COMMERCIAL OR RECREATIONAL FRESHWATER FISHING LICENSES ARE REQUIRED WHEN USING CERTAIN DEVICES, SO AS TO FURTHER PROVIDE FOR THE CIRCUMSTANCES REQUIRING EACH LICENSE.

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

Assets of fund

SECTION    1.    Section 50-3-730 of the 1976 Code is amended to read:

"Section 50-3-730.    The assets of the fund are derived from:

(1)    the proceeds of any gifts, grants, and contributions to the State which are designated specifically for inclusion;

(2)    the proceeds from the sale of all lifetime privileges;

(3)    any amount in excess of the statutory fee for a particular lifetime license which qualifies as a tax-exempt donation to the State; and

(4)    other sources specified by law."

Where license obtained

SECTION    2.    Section 50-9-510(5) of the 1976 Code is amended to read:

"(5)    For the privilege of hunting throughout South Carolina, a resident of the State may obtain a lifetime statewide license from the department at its designated licensing locations for three hundred dollars."

Licenses offered and fees

SECTION    3.    Section 50-9-520 of the 1976 Code is amended to read:

"Section 50-9-520.    (A)    A resident of this State may obtain a lifetime combination license which grants the same privileges as a statewide combination license from the department at its designated licensing locations. The licensing fees are:

(1)    for a Type 3 if at the time of application the individual is under two years of age: three hundred dollars;

(2)    for a Type 4 if at the time of application the individual is at least two years of age but under sixteen years of age: four hundred dollars;

(3)    for a Type 5 if at the time of application the individual is at least sixteen years of age but under sixty-four years of age: five hundred dollars.

(B)    A resident holder of a lifetime combination license may add the privilege of statewide saltwater recreational fishing for the following fees:

(1)    for a Type 13 if at the time of application the individual is under two years of age: one hundred twenty dollars;

(2)    for a Type 14 if at the time of application the individual is at least two years of age but under sixteen years of age: one hundred sixty dollars;

(3)    for a Type 15 if at the time of application the individual is at least sixteen years of age but under sixty-four years of age: two hundred dollars.

(C)    A resident age sixty-three who holds either a lifetime combination, lifetime hunting, lifetime freshwater fishing, or lifetime saltwater recreational fisheries license upon attaining the age of sixty-four, may convert that license to a senior lifetime license which grants the following privileges: statewide hunting, hunting big game, hunting on wildlife management area lands, state migratory waterfowl permit, freshwater fishing, and saltwater recreational fishing for nine dollars upon obtaining the required hunter education certificates."

License purpose and procurement

SECTION    4.    Section 50-9-540 of the 1976 Code is amended to read:

"Section 50-9-540.    (A)    For the privilege of recreational freshwater fishing throughout South Carolina, a resident of this State shall purchase an annual statewide recreational freshwater fishing license for ten dollars, of which one dollar may be retained by the issuing agent.

(B)    In lieu of obtaining an annual, statewide resident recreational freshwater fishing license, a resident may purchase a temporary statewide recreational freshwater fishing license valid for fourteen specified consecutive days for five dollars, of which one dollar may be retained by the issuing agent.

(C)    For the privilege of recreational freshwater fishing throughout South Carolina, a resident of this State may obtain a lifetime statewide recreational freshwater fishing license from the department at its designated licensing locations for three hundred dollars.

(D)    For the privilege of recreational freshwater fishing throughout South Carolina, a nonresident of this State shall purchase an annual statewide recreational freshwater fishing license for thirty-five dollars, of which one dollar may be retained by the issuing agent.

(E)    In lieu of obtaining a regular annual statewide nonresident freshwater fishing license, a nonresident may purchase a temporary statewide recreational freshwater fishing license valid for seven specified consecutive days for eleven dollars, of which one dollar may be retained by the issuing agent.

(F)    For the privilege of recreational saltwater fishing, a resident of this State may obtain a lifetime saltwater recreational fisheries license from the department at its designated licensing locations for three hundred dollars."

When license required

SECTION    5.    Section 50-13-1130(A) of the 1976 Code is amended to read:

"(A)    A person taking freshwater nongame fish except shad, herring, and sturgeon by any method from the public waters for commercial purposes must obtain and have in possession a valid commercial freshwater fishing license. A person who violates this subsection is guilty of a misdemeanor and, upon conviction, must be fined not less than three hundred dollars nor more than five hundred dollars or imprisoned for not more than thirty days. In addition, the fishing privileges of such person must be suspended for a period of two years."

Circumstances requiring licenses

SECTION    6.    Section 50-13-1135 of the 1976 Code is amended to read:

"Section 50-13-1135.    (A)(1)    A person who takes nongame fish in the freshwaters of this State with the following nongame fishing devices shall obtain and must have in possession a valid recreational freshwater fishing license:

(a)    bows and arrows;

(b)    gigs;

(c)    spears;

(d)    tires;

(e)    minnow seines;

(f)    up to three trotlines with not more than one hundred fifty hooks on all lines;

(g)    three to fifty set hooks;

(h)    three to fifty jugs;

(i)        not more than two traps;

(j)        not more than one hoop net;

(k)    one gill net not more than two hundred yards in length or not more than five gill nets, none of which exceeds thirty yards in length;

(l)        not more than one skimbow net;

(m)    not more than two eel pots;

(n)    not more than one seine.

(2)    A recreational fisherman shall purchase set hook or jug fishing permits and tags required by this article for the particular device used. Tags and permits may be applied for on forms provided by the department. This fisherman shall comply with other provisions of this article pertaining to the marking and use of nongame fishing devices. A jug permit is not required for residents assisting jug permit holders.

(B)    A person who fishes for nongame fish in the freshwaters of this State by the use of the following nongame fishing devices must obtain and have in possession a commercial freshwater fishing license:

(1)    two or more gill nets unless they are used as permitted by subsection (A)(1)(k);

(2)    two or more hoop nets;

(3)    three or more traps;

(4)    trotlines with a combined total of one hundred fifty-one hooks or more;

(5)    three or more eel pots."

Time effective

SECTION    7.    This act takes effect upon approval by the Governor.

Ratified the 29th day of May, 2008.

Approved the 4th day of June, 2008.

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