South Carolina General Assembly
115th Session, 2003-2004

Download This Bill in Microsoft Word format

A72, R145, S523

STATUS INFORMATION

General Bill
Sponsors: Senator Gregory
Document Path: l:\s-res\ckg\016deer.mrh.doc

Introduced in the Senate on March 26, 2003
Introduced in the House on April 29, 2003
Last Amended on June 5, 2003
Passed by the General Assembly on June 5, 2003
Governor's Action: June 25, 2003, Signed

Summary: DNR, may implement measures to prevent spread of animal disease; unlawful to possess or transport live deer, exceptions

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   3/26/2003  Senate  Introduced and read first time SJ-15
   3/26/2003  Senate  Referred to Committee on Fish, Game and Forestry SJ-15
   4/22/2003  Senate  Committee report: Favorable with amendment Fish, Game 
                        and Forestry SJ-29
   4/23/2003          Scrivener's error corrected
   4/23/2003  Senate  Amended SJ-47
   4/23/2003  Senate  Read second time SJ-47
   4/24/2003  Senate  Read third time and sent to House SJ-49
   4/29/2003  House   Introduced and read first time HJ-8
   4/29/2003  House   Referred to Committee on Agriculture, Natural Resources 
                        and Environmental Affairs HJ-8
   5/27/2003  House   Committee report: Favorable with amendment Agriculture, 
                        Natural Resources and Environmental Affairs HJ-3
   5/28/2003  House   Amended HJ-36
   5/28/2003  House   Read second time HJ-37
   5/29/2003  House   Read third time and returned to Senate with amendments 
                        HJ-15
   5/29/2003  Senate  House amendment amended SJ-53
   5/29/2003  Senate  Returned to House with amendments SJ-53
    6/2/2003          Scrivener's error corrected
    6/5/2003  House   Non-concurrence in Senate amendment HJ-11
    6/5/2003  Senate  Senate insists upon amendment and conference committee 
                        appointed Gregory, Ravenel and McGill SJ-301
    6/5/2003  House   Conference committee appointed Reps. Frye, Perry and 
                        Loftis HJ-47
    6/5/2003  Senate  Conference report received and adopted SJ-301
    6/5/2003  House   Conference report received and adopted HJ-280
    6/5/2003  House   Ordered enrolled for ratification HJ-353
    6/5/2003          Ratified R 145
   6/25/2003          Signed By Governor
    7/1/2003          Copies available
    7/1/2003          Effective date 06/25/03
    7/2/2003          Act No. 72

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

3/26/2003
4/22/2003
4/23/2003
4/23/2003-A
5/27/2003
5/28/2003
5/29/2003
6/2/2003
6/5/2003


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

(A72, R145, S523)

AN ACT TO AMEND ARTICLE 1, CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROTECTION OF GAME, BY ADDING SECTION 50-11-105 SO AS TO PROVIDE MEASURES THE DEPARTMENT OF NATURAL RESOURCES MAY IMPLEMENT TO PREVENT AND CONTROL THE SPREAD OF DISEASE AMONG WILDLIFE; AND TO AMEND SECTION 50-11-1090, AS AMENDED, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF NATURAL RESOURCES TO ALLOW THE TAKING OF ANIMALS THAT CAUSE DAMAGE TO CROPS AND PROPERTY, SO AS TO EXTEND THIS AUTHORITY TO ANIMALS POSING A HUMAN HEALTH RISK, AND TO DELETE THE PROVISION THAT RELATES TO THE DISPOSAL OF CERTAIN DEER.

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

Department of Natural Resources

SECTION    1.    Article 1, Chapter 11, Title 50 of the 1976 Code is amended by adding:

"Section 50-11-105.    (A)    The department, after consulting with the State Livestock-Poultry Health Commission and the United States Department of Agriculture Veterinarian in Charge for South Carolina and after a reasonable attempt at landowner notification, may carry out operations including quarantines, destruction of wildlife, or other measures to locate, detect, control, eradicate, or retard the spread of diseases of wildlife independently or in cooperation with counties, special purpose districts, municipalities, property owner's associations or similar organizations, individuals, federal agencies, or agencies of other states, by regulation, compliance agreement, judicial action, or other appropriate means. The State shall not be required to indemnify the property owner for any wildlife taken as a result of this action. For the purposes of this section, landowner notification can occur by means of a telephone call, in person, or in writing.

(B)    The department, in accordance with the Administrative Procedures Act and in order to ensure the continued health and safety of wildlife, may promulgate and enforce reasonable regulations to control or prohibit the shipment within, export from, or import into this State any wildlife, carcasses, or associated products of any nature or character from a state, territory, or foreign country when, in the opinion of the department, the regulation or prohibition is necessary to prevent the introduction or distribution of a disease or diseased, infirmed, or unhealthy wildlife.

(C)    Department personnel and their designees are authorized to euthanize sick or injured wildlife."

The taking of animals that cause damage to property

SECTION 2. Section 50-11-1090 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 50-11-1090.    The department has the authority during any season of the year to permit the taking of any game animal and prescribe the method by which they may be taken when they cause damage to crops or property or when they pose a significant human health risk. Any animal taken under these conditions is under the supervision of the department."

Time effective

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

Ratified the 5th day of June, 2003.

Approved the 25th day of June, 2003.

__________

This web page was last updated on Monday, December 7, 2009 at 10:17 A.M.