South Carolina General Assembly

115th Session, 2003-2004

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 SJ15

3/26/2003 Senate Referred to Committee on Fish, Game and Forestry SJ15

4/22/2003 Senate Committee report: Favorable with amendment Fish, Game and Forestry SJ29

4/23/2003 Scrivener's error corrected

4/23/2003 Senate Amended SJ47

4/23/2003 Senate Read second time SJ47

4/24/2003 Senate Read third time and sent to House SJ49

4/29/2003 House Introduced and read first time HJ8

4/29/2003 House Referred to Committee on Agriculture, Natural Resources and Environmental Affairs HJ8

5/27/2003 House Committee report: Favorable with amendment Agriculture, Natural Resources and Environmental Affairs HJ3

5/28/2003 House Amended HJ36

5/28/2003 House Read second time HJ37

5/29/2003 House Read third time and returned to Senate with amendments HJ15

5/29/2003 Senate House amendment amended SJ53

5/29/2003 Senate Returned to House with amendments SJ53

6/2/2003 Scrivener's error corrected

6/5/2003 House Nonconcurrence in Senate amendment HJ11

6/5/2003 Senate Senate insists upon amendment and conference committee appointed Gregory, Ravenel and McGill SJ301

6/5/2003 House Conference committee appointed Reps.Frye, Perry and Loftis HJ47

6/5/2003 Senate Conference report received and adopted SJ301

6/5/2003 House Conference report received and adopted HJ280

6/5/2003 House Ordered enrolled for ratification HJ353

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

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

(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 5011105 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 50111090, 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 5011105. (A) The department, after consulting with the State LivestockPoultry 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 50111090 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

“Section 50111090. 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.

______

2