H*3879 Session 116 (2005-2006)
H*3879(Rat #0272, Act #0258 of 2006) General Bill, By M.A. Pitts, Hardwick,
Witherspoon, E.H. Pitts, Agnew, J. Brown, Hagood, Jefferson, Leach, Littlejohn,
Sandifer, Sinclair, G.R. Smith, W.D. Smith, Umphlett, Duncan and Toole
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
50-11-95 SO AS TO MAKE IT UNLAWFUL TO ENGAGE IN COMPUTER-ASSISTED REMOTE
HUNTING, TO MAKE IT UNLAWFUL TO ESTABLISH OR OPERATE COMPUTER-ASSISTED REMOTE
HUNTING FACILITIES, TO DEFINE COMPUTER-ASSISTED REMOTE HUNTING AND
COMPUTER-ASSISTED REMOTE HUNTING FACILITIES FOR THIS PURPOSE, TO PROVIDE
EXCEPTIONS, AND TO PROVIDE PENALTIES FOR VIOLATION INCLUDING LOSS OF SOUTH
CAROLINA HUNTING AND FISHING LICENSES OR PRIVILEGES. - ratified title
04/06/05 House Introduced and read first time HJ-43
04/06/05 House Referred to Committee on Agriculture, Natural
Resources and Environmental Affairs HJ-43
01/19/06 House Member(s) request name added as sponsor: Duncan
01/25/06 House Member(s) request name added as sponsor: Toole
02/15/06 House Committee report: Favorable with amendment
Agriculture, Natural Resources and Environmental
Affairs HJ-4
02/16/06 House Amended HJ-18
02/16/06 House Read second time HJ-19
02/16/06 House Unanimous consent for third reading on next
legislative day HJ-20
02/17/06 House Read third time and sent to Senate HJ-1
02/21/06 Senate Introduced and read first time SJ-17
02/21/06 Senate Referred to Committee on Fish, Game and Forestry SJ-17
03/15/06 Senate Committee report: Favorable with amendment Fish,
Game and Forestry SJ-18
03/16/06 Senate Amended SJ-26
03/16/06 Senate Read second time SJ-26
03/17/06 Scrivener's error corrected
03/21/06 Senate Read third time and returned to House with
amendments SJ-14
03/23/06 House Concurred in Senate amendment and enrolled HJ-38
04/06/06 Ratified R 272
04/13/06 Became law without Governor's signature
04/20/06 Copies available
04/20/06 Effective date 04/13/06
04/26/06 Act No. 258
H. 3879
(A258, R272, H3879)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-95 SO AS TO MAKE IT UNLAWFUL TO ENGAGE IN COMPUTER-ASSISTED REMOTE HUNTING, TO MAKE IT UNLAWFUL TO ESTABLISH OR OPERATE COMPUTER-ASSISTED REMOTE HUNTING FACILITIES, TO DEFINE COMPUTER-ASSISTED REMOTE HUNTING AND COMPUTER-ASSISTED REMOTE HUNTING FACILITIES FOR THIS PURPOSE, TO PROVIDE EXCEPTIONS, AND TO PROVIDE PENALTIES FOR VIOLATION INCLUDING LOSS OF SOUTH CAROLINA HUNTING AND FISHING LICENSES OR PRIVILEGES.
Be it enacted by the General Assembly of the State of South Carolina:
Computer-assisted remote hunting and remote hunting facilities unlawful
SECTION 1. Chapter 11, Title 50 of the 1976 Code is amended by adding:
"Section 50-11-95. (A) As used in this section:
(1) 'Computer-assisted remote hunting' means the use of a computer or any other device, equipment, or software, to remotely control the aiming and discharge of a firearm at an animal.
(2) 'Computer-assisted remote hunting facilities' means real property and improvements on the property associated with hunting, including hunting blinds, offices, and rooms equipped to facilitate computer-assisted remote hunting.
(B) No person may engage in computer-assisted remote hunting in this State. This subsection shall apply to any person who is engaged in computer-assisted remote hunting if either the animal hunted, or any device, equipment, or software to remotely control the firearm are located in this State.
(C) No person shall establish or operate computer-assisted remote hunting facilities in this State.
(D) A person who violates this section is guilty of a misdemeanor and, upon conviction for a first offense must be fined not less than five thousand dollars or imprisoned for not more than one year, or both, and for a subsequent offense must be fined not less than ten thousand dollars or imprisoned for not more than five years, or both. Upon conviction for a first offense, a person who violates this section must forfeit any South Carolina hunting or fishing license for ten years. If the person does not possess a South Carolina hunting or fishing license, the person is ineligible to obtain a South Carolina hunting or fishing license for ten years. Upon conviction for a second offense, a person who violates this section must permanently forfeit any South Carolina hunting or fishing license and is permanently ineligible to obtain a South Carolina hunting or fishing license.
(E) This section does not apply to a person who only provides:
(1) general-purpose equipment, including a computer, camera, fencing, and building materials;
(2) general-purpose computer software including an operating system and communications programs; or
(3) general telecommunications hardware or networking services for computers, including adapters, modems, servers, routers, and other facilities associated with Internet access.
(F) The provisions of this section do not apply to a disabled hunter using medical equipment or devices designed to assist with his disability while engaged in the act of hunting."
Severability
SECTION 2. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
Time effective
SECTION 3. This act takes effect upon approval by the Governor.
Ratified the 6th day of April, 2006.
Became law without the signature of the Governor -- 4/13/06.
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