South Carolina General Assembly
120th Session, 2013-2014

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Bill 850


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Indicates New Matter


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

A BILL

TO AMEND SECTION 50-11-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL HUNTING OR TAKING OF WILD TURKEYS BY THE MEANS, AID, OR USE OF BAIT OR BAITING, SO AS TO REVISE THE DEFINITIONS OF THE TERMS "BAIT" OR "BAITING", AND "BAITED AREAS", AND TO PROVIDE NOTHING IN THIS ARTICLE PROHIBITS THE HUNTING AND TAKING OF WILD TURKEYS ON OR OVER LANDS OR AREAS THAT ARE NOT BAITED UNDER CERTAIN CIRCUMSTANCES.

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

SECTION    1.    Section 50-11-510 of the 1976 Code is amended to read:

"Section 50-11-510.    (A)    It is unlawful for a person to hunt or take or attempt to hunt or take a wild turkey by means of, or aid or use of, bait or baiting or on or over any baited area.

As used in this section, "bait" or "baiting' means the placing, "depositing, exposing, distributing, or scattering of salt, shelled, shucked, or unshucked corn, wheat, or other grain, or other foodstuffs to constitute for wild turkeys a lure, attraction, or enticement to, on, or over any areas where hunters are attempting to take them, and "baited area" means an area where salt, shelled, shucked, or unshucked corn, wheat, or other grain, or other foodstuffs capable of luring, attracting, or enticing wild turkeys is directly or indirectly placed, exposed, deposited, distributed, or scattered, and the area remains a baited area for ten days following complete removal of all bait.

(B)    As used in this article:

(1)    'Bait' means salt, shelled, shucked, or unshucked corn, wheat, other grains, or seeds or other foodstuffs which could constitute a lure, attraction, or enticement for wild turkeys.

(2)    'Baiting' or 'to bait' means placing, depositing, exposing, distributing or scattering bait.

(3)    'Baited area' means an area where bait is directly or indirectly placed, exposed, deposited, distributed, or scattered, and the area remains a baited area for ten days following complete removal of all bait.

(C)    Nothing in this article prohibits the hunting and taking of wild turkeys on or over lands or areas that are not otherwise baited and where:

(1)    there are standing crops on the field where grown including crops grown for wildlife management purposes; or

(2)    shelled, shucked, or unshucked corn, wheat, or other grains, or seeds have been distributed or scattered solely as the result of a normal agricultural practice as recommended by the Clemson University Extension Service or its successor."

SECTION    2.    The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

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

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