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Indicates Matter Stricken
Indicates New Matter
Indicates Matter Stricken
Indicates New Matter
HOUSE AMENDMENTS AMENDED
May 29, 2003
S. 523
S. Printed 5/29/03-S.
Read the first time April 29, 2003.
TO AMEND ARTICLE 1, CHAPTER 11, TITLE 50 OF THE 1976 CODE BY ADDING SECTION 50-11-105 TO PROVIDE MEASURES THE DEPARTMENT OF NATURAL RESOURCES MAY IMPLEMENT TO PREVENT AND CONTROL THE SPREAD OF DISEASE AMONG WILDLIFE; TO AMEND SECTION 50-11-1090, RELATING TO THE AUTHORITY OF THE DEPARTMENT TO ALLOW THE TAKING OF ANIMALS THAT CAUSE DAMAGE TO CROPS AND PROPERTY, TO EXTEND THIS AUTHORITY TO ANIMALS POSING A HUMAN HEALTH RISK; AND TO AMEND ARTICLE 8, CHAPTER 11 OF TITLE 50 BY ADDING SECTION 50-11-1900 TO PROVIDE THAT IT IS UNLAWFUL TO POSSESS OR TRANSPORT LIVE DEER EXCEPT IN CERTAIN CIRCUMSTANCES AND PROVIDE PENALTIES.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
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."
SECTION 2. Section 50-11-1090 of the 1976 Code is 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 become so numerous that they cause excessive damage to crops and or property or when they pose a significant human health risk. Any animal taken under these conditions is under the supervision of the department. Any deer killed under these conditions must be given to eleemosynary institutions."
SECTION 3. Section 50-3-180 of the 1976 Code, as amended by Act 419 of 1998, is further amended to read:
"Section 50-3-180. (A)(1) The Mitigation Trust Fund of South Carolina is credited created for the purposes of receiving gifts, grants, contributions, and other proceeds for mitigation projects in the State. The Board of Trustees for the Mitigation Trust Fund is the chairman and the members of the South Carolina Department of Natural Resources Board with full authority over the administration of the funds deposited in the fund. The State Treasurer is the custodian of the fund and shall invest its assets in an interest-bearing account pursuant to South Carolina law.
(2) The trustees of the Mitigation Trust Fund are authorized to:
(a) operate a program in order to implement the purposes of this section;
(b) develop additional guidelines and prescribe procedures, consistent with the criteria and purposes of this section, as necessary to implement this section;
(c) apply for and receive additional funding for the trust fund from federal, private, and other sources to be used as provided in this section;
(d) receive charitable contributions and donations to the trust fund, to be used as provided for in this section;
(e) receive contributions to the trust fund in satisfaction of any public obligation for environmental mitigation, whether the obligation arises out of law, equity, contract, regulation, administrative proceeding, or judicial proceeding;
(f) award grants to advance the purposes of this section to not-for-profit charitable corporations or trusts authorized to do business in this State whose principal activity is the acquisition and management of interests in land for conservation purposes and which has tax-exempt status as a public charity under the Internal Revenue Code of 1986.
(B) The Mitigation Trust Fund may receive appropriations of state general funds, federal funds, donations, gifts, bond issue receipts, securities, and other monetary instruments of value. Reimbursement for monies expended from this fund must be deposited in this fund. Funds received through sale, exchange, or otherwise, of products of the property including, but not limited to, timber and utility easement rights, accrue to the Mitigation Trust Fund. Funds recovered for losses or damages to natural resources must be deposited to the Mitigation Trust Fund to be used first for restoration in the areas affected and then as provided in subsection (C) of this section.
(C) The income received and accruing from the fund must be spent only for the acquisition, restoration, enhancement, or and management of mitigation property and the development and implementation of restoration and enhancement plans for mitigation for of adverse impacts to natural resources. Mitigation projects under this section may involve any natural resources within the State which have been, are, or reasonably may be subject to harm, damage, or diminution in value associated with development, growth, injury due to intentional or accidental occurrences, acts of God, or any other threat to natural resources.
(D) The proceeds from this fund may be carried forward from year to year and do not revert to the general fund of the State."
SECTION 4. This act takes effect upon approval by the Governor.
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