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COMMITTEE REPORT
May 4, 2005
H. 3457
Introduced by Reps. White, Rivers, Duncan, G.R. Smith, Limehouse, Bailey, Hagood, Hamilton, Martin, M.A. Pitts, Scarborough, Sinclair, Vaughn, Young and Altman
S. Printed 5/4/05--H.
Read the first time February 3, 2005.
To whom was referred a Joint Resolution (H. 3457) to propose an amendment to Article I of the Constitution of South Carolina, 1895, relating to the declaration of rights, by adding Section 25, so as to provide that, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the joint resolution, as and if amended, by striking Section 25 of Article I of the Constitution of this State, as contained in SECTION 1, beginning on page 1, and inserting:
/ Section 25. Hunting, trapping, and fishing and the taking of wild animals, birds, and fish are a valued part of our heritage and shall be forever preserved for the people. Fish and wildlife shall be managed by laws and regulations that provide persons with the continued opportunity to take, by traditional means and methods, species traditionally pursued by hunters, anglers, and trappers. Fish and wildlife management, including taking, shall be consistent with the state's duty to protect this heritage and its duty to conserve wild animals, birds, and fish. Hunting, fishing, or trapping by sportsmen shall always be a preferred and available means of controlling all invasive or overpopulated species. Any person who is licensed to hunt, fish, or trap and who is adversely affected by a failure to comply with this section shall have a private cause of action to enforce this section. The right of the people to hunt, fish, trap, and harvest game shall be subject only to such regulations and restrictions as the General Assembly may prescribed by general law./
Amend further, as and if amended, in SECTION 2 by striking lines 6 through 16, page 2, and inserting:
/ "Must Article I, of the Constitution of this State, relating to the declaration of rights under the state's Constitution, be amended by adding Section 25 so as to provide that hunting, trapping, and fishing and the taking of wild animals, birds, and fish are a valued part of our heritage and shall be forever preserved for the people, to provide that fish and wildlife shall be managed by laws and regulations that provide persons with the continued opportunity to take, by traditional means and methods, species traditionally pursued by hunters, anglers, and trappers, to provide that any person who is licensed to hunt, fish, or trap and who is adversely affected by a failure to comply with this section shall have a private cause of action to enforce this section, and to provide that the right of the people to hunt, fish, trap, and harvest game shall be subject only to such regulations and restrictions as the General Assembly may prescribed by general law?/
Renumber sections to conform.
Amend title to conform.
JAMES H. HARRISON for Committee.
TO PROPOSE AN AMENDMENT TO ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE DECLARATION OF RIGHTS, BY ADDING SECTION 25, SO AS TO PROVIDE THAT CONSISTENT WITH THE RESPONSIBILITY OF THE STATE OF SOUTH CAROLINA, TO PROTECT, CONSERVE, AND REPLENISH THE NATURAL RESOURCES OF THIS STATE, THE PEOPLE OF SOUTH CAROLINA HAVE THE RIGHT TO HUNT, FISH, AND TAKE GAME SUBJECT TO REASONABLE RESTRICTIONS PRESCRIBED BY LAW RELATING TO METHODS, TIMES, AND LOCATIONS OF HUNTING, FISHING, AND TAKING GAME, THE RIGHTS OF THE OWNERS OF REAL PROPERTY AFFECTED BY HUNTING, FISHING, AND TAKING GAME, AND THE HEALTH AND SAFETY OF THE PEOPLE OF THE STATE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. It is proposed that Article I of the Constitution of this State be amended by adding:
"Section 25. Consistent with the responsibility of the State of South Carolina, to protect, conserve, and replenish the natural resources of this State, the people of South Carolina have the right to hunt, fish, and take game, subject to reasonable restrictions prescribed by law relating to methods, times, and locations of hunting, fishing, and taking game, the rights of the owners of real property affected by hunting, fishing, and taking game, and the health and safety of the people of the State."
SECTION 2. The proposed amendment in Section 1 must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Article I, of the Constitution of this State, relating to the declaration of rights under the state's Constitution, be amended by adding Section 25 so as to provide that consistent with the responsibility of the State of South Carolina, to protect, conserve, and replenish the natural resources of this State, the people of South Carolina have the right to hunt, fish, and take game, subject to reasonable restrictions prescribed by law relating to methods, times, and locations of hunting, fishing, and taking game, the rights of the owners of real property affected by hunting, fishing, and taking game, and the health and safety of the people of the State?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
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