Bill 3051

                    Current Status

Bill Number:               3051
Ratification Number:       158
Act Number                 101
Introducing Body:          House
Subject:                   To create the South Carolina Wildlife
                           Endowment Fund

(A101, R158, H3051)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 TO CHAPTER 3 OF TITLE 50 SO AS TO CREATE THE SOUTH CAROLINA WILDLIFE ENDOWMENT FUND TO BE FUNDED FROM GIFTS, GRANTS, AND CONTRIBUTIONS, THE PROCEEDS OF COMBINATION AND LIFETIME HUNTING AND FISHING LICENSES, TO PROVIDE FOR RESTRICTIONS AND LIMITATIONS ON EXPENDITURES FROM THE FUND, AND PROVIDE FOR INCREASES IN LIFETIME AND ANNUAL FISHING AND HUNTING LICENSES; TO AMEND THE 1976 CODE BY ADDING SECTIONS 50-9-11 AND 50-9-455 SO AS TO AUTHORIZE A RESIDENT OF THIS STATE TO OBTAIN A LIFETIME COMBINATION LICENSE GRANTING HIM THE SAME PRIVILEGES AS IN SECTION 50-9-10 (COMBINATION FISHING AND HUNTING LICENSE), PROVIDE A FEE SCHEDULE FOR THE TYPES OF LICENSES AUTHORIZED, AND AUTHORIZE A LIFETIME FISHING LICENSE AND PROVIDE A FEE FOR THE LICENSE; TO AMEND SECTION 50-9-30, RELATING TO THE PROOF OF RESIDENCY REQUIRED FOR ISSUANCE OF A HUNTING OR FISHING LICENSE, SO AS TO DEFINE "RESIDENT"; AND TO AMEND SECTION 50-9-120, RELATING TO FEES FOR RESIDENTS' STATEWIDE OR COUNTY HUNTING LICENSES, SO AS TO PROVIDE A FEE FOR THE ISSUANCE OF A RESIDENT LIFETIME STATEWIDE LICENSE.

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

Wildlife endowment fund

SECTION 1. Chapter 3, Title 50 of the 1976 Code is amended by adding:

"Article 7

Wildlife Endowment Fund

Section 50-3-710. There is created the South Carolina Wildlife Endowment Fund, the income and principal of which must be used only for the purpose of supporting wildlife conservation programs of the State.

Section 50-3-720. There is created the Board of Trustees of the Wildlife Endowment Fund of the Wildlife and Marine Resources Commission, with full authority over the administration of the fund, whose chairman and members are the chairman and members of the Wildlife and Marine Resources Commission. The State Treasurer is the custodian of the fund and shall invest its assets in accordance with the provisions of Title 11.

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 lifetime combination licenses issued in accordance with Section 50-9-11;

(3) the proceeds from the sale of lifetime hunting and lifetime fishing licenses in accordance with Sections 50-9-120(3) and 50-9-455;

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

(5) other sources specified by law.

Section 50-3-740. The fund constitutes a special trust derived from a contractual relationship between the State and the members of the public whose investments contribute to the fund. In recognition of the special trust, the following limitations and restrictions are placed on expenditures from the fund:

(1) Any limitations or restrictions specified by the donors on the uses of the income derived from the gifts, grants, and voluntary contributions are respected but are not binding.

(2) No expenditure or disbursement may be made from the principal of the fund except as otherwise provided by law.

(3) The income received and accruing from the investments of the fund must be spent only in furthering the conservation of wildlife resources and the efficient operation of the South Carolina Wildlife and Marine Resources Commission in accomplishing the purposes of the agency as set forth in this title.

Section 50-3-750. The board may accumulate the investment income of the fund and may direct expenditures from the income of the fund for the purposes set out in Section 50-3-740(3).

Section 50-3-760. Expenditure of the income derived from the fund must be made through the board in accordance with the provisions of the general appropriations act. The fund is subject to the oversight of the State Auditor.

Section 50-3-770. The fund and income does not take the place of state appropriations or agency receipts placed in the fund but any portion of the income of the fund available for the purpose set out in Section 50-3-740(3) must be used to supplement other income of and appropriations to the Wildlife and Marine Resources Department.

Section 50-3-780. If the Wildlife and Marine Resources Commission is dissolved, the succeeding agency shall assume the trusteeship of the fund and is bound by all the limitations and restrictions placed by this article on expenditures from the fund. No repeal or modification of this article or title alters the fundamental purposes to which the fund is applied. No future dissolution of the Wildlife and Marine Resources Commission or substitute agency invalidates any lifetime license issued in accordance with Chapter 9 of this title.

Section 50-3-790. In the event the annual combination as provided in Section 50-9-10, annual hunt as provided in Section 50-9-120(1), or annual fish license as provided in Section 50-9-450 fee increases, the percentage of increase for each annual license shall be applied to the existing lifetime license fees and each lifetime license fee shall be increased accordingly, rounding the fee to the next highest dollar.

Section 50-3-800. A lifetime licensee shall not lose the privileges of such license by a subsequent transfer of residency."

Lifetime combination license

SECTION 2. The 1976 Code is amended by adding:

"Section 50-9-11. A resident of this State may obtain from the Columbia headquarters a lifetime combination license which grants him the same privileges as a statewide license as provided by Section 50-9-10 of the 1976 Code.

The license and fees are:

(1) Type A - available only to an individual under two years of age - three hundred dollars;

(2) Type B - available only to an individual under sixteen years of age - four hundred dollars;

(3) Type C - available only to an individual sixteen years of age or older - five hundred dollars;

(4) Type D - available only to an individual sixty-four years of age or older - nine dollars."

Fee -- lifetime statewide license

SECTION 3. Section 50-9-120 of the 1976 Code is amended by adding at the end:

"(3) For the privilege of hunting throughout the State by a resident of the State a lifetime statewide license may be issued from the Columbia headquarters for a fee of three hundred dollars."

Fee -- lifetime statewide fishing license

SECTION 4. The 1976 Code is amended by adding:

"Section 50-9-455. A resident of this State may obtain from the Columbia headquarters a lifetime fishing license granting him the same privileges as provided in Section 50-9-450 for a fee of three hundred dollars."

Proof of residency

SECTION 5. Amend the 1976 Code as and if amended by striking Section 50-9-30 in its entirety and inserting:

"Section 50-9-30. No person shall be issued a hunting or fishing license as a State resident unless he shall furnish proof to the issuing agent that he is a resident of this State. Such proof shall be either the holding of a valid State driver's license or such other form of identification that the department may require which would furnish reasonable proof of such residency.

'Resident' means any person who is a citizen of the United States and who has been a domiciled resident of the State of South Carolina for a period of thirty consecutive days or more immediately prior to the date of his application for license or permit. Any person holding a state resident hunting or fishing license who cannot furnish proof of residency shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined not less than fifty dollars nor more than one hundred dollars or be imprisoned for not less than ten days nor more than thirty days."

Time effective

SECTION 6. This act takes effect July 1, 1990.