South Carolina General Assembly
118th Session, 2009-2010

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Bill 974


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Indicates New Matter


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

A BILL

TO AMEND SECTION 50-9-20 OF THE 1976 CODE, RELATING TO THE DURATION OF HUNTING AND FISHING LICENSES, TO PROVIDE THAT ANNUAL HUNTING AND FISHING LICENSES SHALL BE VALID FOR ONE YEAR FROM THE DATE OF ISSUANCE AND TO PROVIDE THAT THREE-YEAR HUNTING AND FISHING LICENSES SHALL BE VALID FOR THREE YEARS FROM THE DATE OF ISSUANCE; BY ADDING SECTION 50-9-560, TO PROVIDE THAT THE DEPARTMENT MAY ISSUE THREE-YEAR COMBINATION LICENSES, SPORTSMAN LICENSES, JUNIOR SPORTSMAN LICENSES, BIG GAME PERMITS, AND WILDLIFE MANAGEMENT AREA PERMITS; TO AMEND SECTION 50-9-920, RELATING TO REVENUE FROM THE SALE OF LIFETIME LICENSES, TO ESTABLISH THE THREE-YEAR HUNTING AND FISHING LICENSE FUND, TO PROVIDE THAT THREE-YEAR LICENSE FEES ARE DEPOSITED IN THE FUND, TO PROVIDE THAT ONE THIRD OF THE FUND MUST BE DISTRIBUTED TO THE GAME PROTECTION FUND, TO ESTABLISH THE THREE-YEAR WILDLIFE MANAGEMENT AREA PERMIT FUND, TO PROVIDE THAT THREE-YEAR WILDLIFE MANAGEMENT AREA PERMIT FEES ARE DEPOSITED IN THE FUND, TO PROVIDE THAT ONE-THIRD OF THE FUND MUST BE DISTRIBUTED TO THE WILDLIFE ENDOWMENT FUND; AND TO MAKE CONFORMING AMENDMENTS.

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

SECTION    1.    Section 50-9-20 of the 1976 Code, as last amended by Act 15 of 2009, is further amended to read:

"Section 50-9-20.    Annual licenses, permits, stamps, and tags issued by the department are valid July first through June thirtieth of the following year for one year from date of issuance. Three-year licenses, permits, stamps, and tags issued by the department are valid for three years from the date of issuance. Temporary licenses and permits are valid for the consecutive days of issue."

SECTION    2.    Section 50-9-30(A)(1) of the 1976 Code is amended to read:

"(A)For the purposes of obtaining:

(1)    an a three-year, annual, or a lesser short-term resident license, 'resident' means a United States citizen who has been domiciled in this State for thirty consecutive days or more immediately preceding the date of application for a license, permit, or stamp issued pursuant to this title. The following are considered residents pursuant to this section:

(a)    regularly enrolled full-time students in high schools, technical schools, colleges, or universities within South Carolina;

(b)    members of the United States Armed Forces and their dependents stationed in South Carolina for sixty days or longer or who are domiciled in this State;"

SECTION    3.    Section 50-9-30(A)(3) of the 1976 Code is amended to read:

"(3)    an a three-year, annual, annual or lesser short-term nonresident license. 'Nonresident' means a citizen of a foreign country or a United States citizen who is not domiciled in this State or who maintains a permanent residence in another state."

SECTION    4.    Section 50-9-510(1) of the 1976 Code is amended to read:

"Section 50-9-510.    The following licenses are authorized for sale and, unless otherwise indicated, are for the privilege of hunting small game only:

(1)    For the privilege of hunting throughout South Carolina, a resident of the State shall purchase a three-year statewide license for thirty six dollars, of which three dollars may be retained by the issuing agent, or an annual statewide license for twelve dollars, of which one dollar may be retained by the issuing agent."

SECTION    5.    Section 50-9-510(6) of the 1976 Code is amended to read:

"(6)    For the privilege of hunting throughout South Carolina July first through June thirtieth, a nonresident shall purchase a three-year statewide license for three hundred seventy five dollars, of which six dollars may be retained by the issuing agent, or an annual statewide license for one hundred twenty-five dollars, of which two dollars may be retained by the issuing agent."

SECTION    6.    Section 50-9-540 of the 1976 Code is amended to read:

"Section 50-9-540.    (A)    For the privilege of recreational freshwater fishing throughout South Carolina, a resident of this State shall purchase a three-year statewide recreational freshwater fishing license for thirty dollars, of which three dollars may be retained by the issuing agent, or an annual statewide recreational freshwater fishing license for ten dollars, of which one dollar may be retained by the issuing agent.

(B)    In lieu of obtaining a three-year or an annual, statewide resident recreational freshwater fishing license, a resident may purchase a temporary statewide recreational freshwater fishing license valid for fourteen specified consecutive days for five dollars, of which one dollar may be retained by the issuing agent.

(C)    For the privilege of recreational freshwater fishing throughout South Carolina, a resident of this State may obtain a lifetime statewide recreational freshwater fishing license from the department at its designated licensing locations for three hundred dollars.

(D)    For the privilege of recreational freshwater fishing throughout South Carolina, a nonresident of this State shall a three-year statewide recreational freshwater fishing license for one hundred and five dollars, of which three dollars may be retained by the issuing agent, or purchase an annual statewide recreational freshwater fishing license for thirty-five dollars, of which one dollar may be retained by the issuing agent.

(E)    In lieu of obtaining a regular three-year or an annual statewide nonresident freshwater fishing license, a nonresident may purchase a temporary statewide recreational freshwater fishing license valid for seven specified consecutive days for eleven dollars, of which one dollar may be retained by the issuing agent.

(F)    For the privilege of recreational saltwater fishing, a resident of this State may obtain a lifetime saltwater recreational fisheries license from the department at its designated licensing locations for three hundred dollars."

SECTION    7.    The first paragraph in Section 50-9-550 of the 1976 Code is amended to read:

"Section 50-9-550.    In lieu of obtaining a regular three-year or an annual statewide resident fishing license, a resident of the State may purchase a special reservoir, lakes, and streams freshwater permit to fish with nonmanufactured tackle or natural bait in the waters described in this section. It is unlawful for any resident to fish in the waters of this State described in this section with nonmanufactured tackle or natural bait unless he has either the required fishing license or the required permit. No person licensed under the provisions of Section 50-9-510(3), 50-9-510(4), or 50-9-540(A) is required to purchase a permit."

SECTION    8.    Chapter 9 of Title 50 of the 1976 Code is amended by adding:

"Section 50-9-560.    The department must offer three year-combination licenses, sportsman licenses, junior sportsman's licenses, big game permits, and wildlife management area permits. The fees collected for a three-year license or permit authorized by this section must be three times the fee collected for the annual license or permit. The amount that may retained by the issuing agent, if any, must be three times the amount that the issuing agent may retain from the sale of an annual license or permit. Except for fees collected for three-year wildlife management area permits, the fees collected pursuant to this section must be credited to the Three-Year Hunting and Fishing License Fund and distributed pursuant to Section 50-9-920(C). Fees collected from the sale of three-year wildlife management area permits must be deposited in the Three-Year Wildlife Management Area License Fund and distributed pursuant to Section 50-9-920(B)."

SECTION    9.    Section 50-9-710(C) of the 1976 Code is amended to read:

"(C)    Resident and nonresident patrons of commercial fishing lakes or pay-to-fish commercial businesses are exempt from the requirement to purchase an individual three-year or annual license; provided, the commercial fishing lake or pay-to-fish commercial business has a valid aquaculture permit or registration issued by the Department of Natural Resources."

SECTION    10.    Section 50-9-910(B) of the 1976 Code is amended to read:

"(B)    The revenue provided for in subsection (A) and one-half of the revenue generated from the sale of three-year and annual nonresident freshwater fishing licenses must be credited to the county game fund of the county in which the licenses were sold or revenue was collected. These licenses when sold through nontraditional means such as the Internet, call centers, and department mass mailings must be equally allocated to each county."

SECTION    11.    Section 50-9-920 of the 1976 Code is amended by adding appropriately lettered subsections to read:

"( )    There is established in the State Treasury a separate and distinct fund known as the 'Three-Year Hunting and Fishing License Fund.' Revenue generated from the sale of three-year licenses and permits, other than three-year wildlife management area permits, must be deposited in the fund. Annually on July first, the treasurer must deposit an amount equal to one third of the fund into the Game Protection Fund to be used in the manner provided in subsection (C). The remaining funds must be carried forward and earnings in the fund must be credited to it.

( )    There is established in the State Treasury a separate and distinct fund known as the 'Three-Year Wildlife Management Area Permit Fund.' Revenue generated from the sale of three-year wildlife management area permits must be deposited in the fund. Annually on July first, the treasurer deposit an amount equal to one third of the fund into the Wildlife Endowment Fund to used in the manner provided in subsection (B). The remaining funds must be carried forward and earnings in the fund must be credited to it."

SECTION    12.    (A)    Upon proper application and payment of any required fees a person issued an annual license between July 1, 2010 and December 30, 2010 may, but is not required to:

(1)    renew his license or permit at any time after the effective date of this act and prior to its expiration. Licenses or permits renewed pursuant to this SECTION shall be effective for one year from the date of issuance as provided in SECTION 1 of this act, subject to the other terms and conditions of the license or permit; or

(2)    convert his annual license or permit to a three-year license or permit. Licenses or permits converted pursuant to this SECTION will be valid for three years from the date of issuance as provide in SECTION 1 of this act, subject to the other terms and conditions of the license or permit.

(B)    An annual license or permit that is not renewed or converted as provided by this SECTION shall remain valid under the license or permit's terms and conditions.

SECTION    13.    This act takes effect January 1, 2010.

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This web page was last updated on December 9, 2009 at 3:31 PM