South Carolina General Assembly
115th Session, 2003-2004
S. 423
STATUS INFORMATION
General Bill
Sponsors: Senator Hutto
Document Path: l:\council\bills\bbm\9485djc03.doc
Introduced in the Senate on February 27, 2003
Introduced in the House on April 29, 2003
Last Amended on April 23, 2003
Currently residing in the House Committee on Agriculture, Natural Resources and Environmental Affairs
Summary: Hunting, unlawful to possess loaded shotgun or rifle when taking deer or bear while afloat
HISTORY OF LEGISLATIVE ACTIONS
DateBodyAction Description with journal page number
2/27/2003SenateIntroduced and read first time SJ5
2/27/2003SenateReferred to Committee on Fish, Game and ForestrySJ5
4/22/2003SenateCommittee report: Favorable with amendment Fish, Game and ForestrySJ28
4/23/2003Scrivener's error corrected
4/23/2003SenateAmended SJ46
4/23/2003SenateRead second time SJ46
4/24/2003SenateRead third time and sent to House SJ49
4/24/2003Scrivener's error corrected
4/29/2003HouseIntroduced and read first time HJ8
4/29/2003HouseReferred to Committee on Agriculture, Natural Resources and Environmental AffairsHJ8
5/27/2003HouseCommittee report: Majority favorable with amend., minority unfavorable Agriculture, Natural Resources and Environmental AffairsHJ3
5/28/2003Scrivener's error corrected
6/3/2003HouseRecommitted to Committee on Agriculture, Natural Resources and Environmental AffairsHJ120
VERSIONS OF THIS BILL
2/27/2003
4/22/2003
4/23/2003
4/23/2003-A
4/24/2003
5/27/2003
5/28/2003
Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
May 27, 2003
S.423
Introduced by Senator Hutto
S. Printed 5/27/03--H.[SEC 5/28/03 3:10 PM]
Read the first time April 29, 2003.
THE COMMITTEE ON AGRICULTURE, NATURAL
RESOURCES AND ENVIRONMENTAL AFFAIRS
To whom was referred a Bill (S.423) to amend Section 5011730, as amended, Code of Laws of South Carolina, 1976, relating to hunting from water conveyances, so as to revise, etc., respectfully
REPORT:
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, page 2, beginning on line 3, by deleting Section 5011730(D)(3) and inserting:
/(3)possess a loaded centerfire rifle, or shotgun loaded with buckshot or slugs, while afloat on the freshwaters of the State.
Amend the bill further, page 2, beginning on line 7, by deleting Section 5011730(D) and inserting:
/ (D)In addition to the penalty herein, every boat, raft, or other water conveyance, vehicle, animal, firearm, and any other device being used in the violation of this section must be confiscated and delivered to the department. Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be imprisoned for not less than thirty days and not more than ninety days or be fined not less than one hundred dollars and not more than five hundred dollars. For purposes of this section, a conviction for unlawfully hunting deer from boats or other water conveyances is conclusive as against any convicted owner of the above mentioned property. In all other cases, the forfeiture and sale is accomplished by the procedure set forth in Section 5011740. /
Amend title to conform.
Majority favorable.Minority unfavorable.
WILLIAM D. WITHERSPOONTHAD T. VIERS
For Majority.For Minority.
[423-1]
A BILL
TO AMEND SECTION 5011730, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING FROM WATER CONVEYANCES, SO AS TO REVISE THE SECTION AND FURTHER PROVIDE THAT IT IS UNLAWFUL TO POSSESS A SHOTGUN OR RIFLE WHILE AFLOAT WHICH IS LOADED WITH AMMUNITION DESIGNED FOR OR CAPABLE OF TAKING DEER OR BEAR, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION1. Section 5011730 of the 1976 Code is amended to read:
“Section 5011730.(A)For purposes of this section, ‘loaded’ means the rifle or shotgun contains ammunition.
(B) It is unlawful for any person to:hunt, shoot, or in any way kill deer from a motorboat, raft, or other water conveyance or to molest deer while any part of the deer is in the water. Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be imprisoned for not less than thirty days nor more than ninety days or be fined not less than one hundred dollars nor more than five hundred dollars.
‘Hunting’, as used in this section in reference to a vehicle, boat, or device, includes the transportation of a hunter to or from the place of hunting in violation of this section, or the transportation of the carcass of a deer, or any part of a deer, which has been unlawfully hunted or killed in violation of this section.
(1)take or attempt to take or molest a deer, bear, or turkey from a boat or other water conveyance;
(2)take or attempt to take or molest a deer or bear while the animal’s free movement is impeded by water; or
(3)possess a loaded centerfire rifle, or shotgun loaded with buckshot or slugs, while afloat.
(C)This section does not prohibit hunting or taking migratory birds or small game.
(D)In addition to the penalty herein, every boat, raft, or other water conveyance, vehicle, animal, firearm, and any other device being used in the violation of this section must be confiscated and delivered to the department. Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be imprisoned for not less than thirty days nor more than ninety days or be fined not less than one hundred dollars nor more than five hundred dollars. In addition to the criminal penalties in this section, a person convicted of a violation of this section must forfeit the weapon, ammunition, vehicle, water conveyance, motor, trailer, and all associated equipment to the State. For purposes of this section, a A conviction for unlawfully hunting deer from boats or other water conveyancesa violation of this section is conclusive evidenceas against anya convicted owner of the abovementioned property subject to forfeiture under this section. In all other cases, the forfeiture and sale is accomplished as provided by lawthe procedure set forth in Section 5011740.”
SECTION 2. This act takes effect upon approval by the Governor.
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