South Carolina General Assembly
116th Session, 2005-2006
A258, R272, H3879
STATUS INFORMATION
General Bill
Sponsors: Reps. M.A.Pitts, Hardwick, Witherspoon, E.H.Pitts, Agnew, J.Brown, Hagood, Jefferson, Leach, Littlejohn, Sandifer, Sinclair, G.R.Smith, W.D.Smith, Umphlett, Duncan and Toole
Document Path: l:\council\bills\gjk\20359sd05.doc
Introduced in the House on April 6, 2005
Introduced in the Senate on February 21, 2006
Last Amended on March 16, 2006
Passed by the General Assembly on March 23, 2006
Became law without Governor's signature, April 13, 2006
Summary: Computer assisted remote hunting
HISTORY OF LEGISLATIVE ACTIONS
DateBodyAction Description with journal page number
4/6/2005HouseIntroduced and read first time HJ43
4/6/2005HouseReferred to Committee on Agriculture, Natural Resources and Environmental AffairsHJ43
1/19/2006HouseMember(s) request name added as sponsor: Duncan
1/25/2006HouseMember(s) request name added as sponsor: Toole
2/15/2006HouseCommittee report: Favorable with amendment Agriculture, Natural Resources and Environmental AffairsHJ4
2/16/2006HouseAmended HJ18
2/16/2006HouseRead second time HJ19
2/16/2006HouseUnanimous consent for third reading on next legislative day HJ20
2/17/2006HouseRead third time and sent to Senate HJ1
2/21/2006SenateIntroduced and read first time SJ17
2/21/2006SenateReferred to Committee on Fish, Game and ForestrySJ17
3/15/2006SenateCommittee report: Favorable with amendment Fish, Game and ForestrySJ18
3/16/2006SenateAmended SJ26
3/16/2006SenateRead second time SJ26
3/17/2006Scrivener's error corrected
3/21/2006SenateRead third time and returned to House with amendments SJ14
3/23/2006HouseConcurred in Senate amendment and enrolled HJ38
4/6/2006Ratified R 272
4/13/2006Became law without Governor's signature
4/20/2006Copies available
4/20/2006Effective date 04/13/06
4/26/2006Act No.258
VERSIONS OF THIS BILL
4/6/2005
2/15/2006
2/16/2006
3/15/2006
3/16/2006
3/17/2006
(A258, R272, H3879)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 501195 SO AS TO MAKE IT UNLAWFUL TO ENGAGE IN COMPUTERASSISTED REMOTE HUNTING, TO MAKE IT UNLAWFUL TO ESTABLISH OR OPERATE COMPUTERASSISTED REMOTE HUNTING FACILITIES, TO DEFINE COMPUTERASSISTED REMOTE HUNTING AND COMPUTERASSISTED REMOTE HUNTING FACILITIES FOR THIS PURPOSE, TO PROVIDE EXCEPTIONS, AND TO PROVIDE PENALTIES FOR VIOLATION INCLUDING LOSS OF SOUTH CAROLINA HUNTING AND FISHING LICENSES OR PRIVILEGES.
Be it enacted by the General Assembly of the State of South Carolina:
Computerassisted remote hunting and remote hunting facilities unlawful
SECTION1.Chapter 11, Title 50 of the 1976 Code is amended by adding:
“Section 501195.(A)As used in this section:
(1)‘Computerassisted remote hunting’ means the use of a computer or any other device, equipment, or software, to remotely control the aiming and discharge of a firearm at an animal.
(2)‘Computerassisted remote hunting facilities’ means real property and improvements on the property associated with hunting, including hunting blinds, offices, and rooms equipped to facilitate computerassisted remote hunting.
(B)No person may engage in computerassisted remote hunting in this State. This subsection shall apply to any person who is engaged in computerassisted remote hunting if either the animal hunted, or any device, equipment, or software to remotely control the firearm are located in this State.
(C)No person shall establish or operate computerassisted remote hunting facilities in this State.
(D)A person who violates this section is guilty of a misdemeanor and, upon conviction for a first offense must be fined not less than five thousand dollars or imprisoned for not more than one year, or both, and for a subsequent offense must be fined not less than ten thousand dollars or imprisoned for not more than five years, or both. Upon conviction for a first offense, a person who violates this section must forfeit any South Carolina hunting or fishing license for ten years. If the person does not possess a South Carolina hunting or fishing license, the person is ineligible to obtain a South Carolina hunting or fishing license for ten years. Upon conviction for a second offense, a person who violates this section must permanently forfeit any South Carolina hunting or fishing license and is permanently ineligible to obtain a South Carolina hunting or fishing license.
(E)This section does not apply to a person who only provides:
(1)generalpurpose equipment, including a computer, camera, fencing, and building materials;
(2)generalpurpose computer software including an operating system and communications programs; or
(3)general telecommunications hardware or networking services for computers, including adapters, modems, servers, routers, and other facilities associated with Internet access.
(F)The provisions of this section do not apply to a disabled hunter using medical equipment or devices designed to assist with his disability while engaged in the act of hunting.”
Severability
SECTION2.If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
Time effective
SECTION3.This act takes effect upon approval by the Governor.
Ratified the 6th day of April, 2006.
Became law without the signature of the Governor -- 4/13/06.
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