SCDNR Legislative Update

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Legislative Updates are provided by Chapter Past President, Larry Gilbert

THIS IS THE WEEK TO CALL YOUR SENATOR ON THIS BILL THAT INCLUDES DNR
RESTRUCTURING. SEE THE SCWF LETTER ATTACHED FOR TALKING POINTS.

CONTACT INFORMATION FOR YOUR SENATOR CAN BE FOUND AT:
http://www.scstatehouse.net/cgi-bin/zipcodesearch.exe

March 10, 2005

The Honorable Glenn F. McConnell

101 Gressette Building

Columbia, SC 29202

Dear Mr. McConnell:

The South Carolina Game and Fish Association, organized during the Depression in 1931, was the forerunner of today’s South Carolina Wildlife Federation. Among the many concerns of that sportsmen’s movement was the fact that game wardens were appointed or elected in a "good ole boy" system that failed to apply scientific management techniques to South Carolina’s natural resources. The situation was widely recognized as urgent.

The key players in this sportsmen’s movement successfully convened a powerful group of statewide leaders to bring about the scientific management of natural resources and to replace political appointees with professionals. Their efforts ensured that decisions regarding game management in South Carolina were based on science and removed corruption from the process.

Last week, the South Carolina Wildlife Federation's Board of Directors discussed the proposed legislation, Senate Bill 80 (S.80), which would make the state Department of Natural Resources (DNR) become an executive cabinet agency headed by a director appointed by the Governor. The appointment would be made with the advice and consent of the Senate. Furthermore, the legislation would transform the current DNR board into merely an advisory organization. To say that the South Carolina Wildlife Federation Board of Directors is opposed to the reorganization of the Department of Natural Resources as outlined in S.80 does not completely convey the strong sentiments that were expressed at the meeting last week.

The Director of the Department of Natural Resources should not be controlled by the Governor and tied to his tenure. DNR’s concern for the State’s natural resources is a long term interest that should not be based on the four year gubernatorial cycle. It is imperative that the Director be a professional in the field and not a mere political appointee.

The Department of Natural Resources Board should reflect the diversity of the population and the various outdoor interests of our citizens. Granted, the current board members must have the approval of the Governor but they also have some independence and authority to represent the interests of sportsmen and other conservationists around the state thereby helping to assure grassroots input into the decision making process. We have serious concerns that each Governor’s political appointee and advisory committee would lack scientific knowledge, concern for all the natural resources of the state, and forward thinking to make effective decisions based upon sound research. Furthermore without the geographic diversity that now exists many citizens will not have a voice to represent their interests and would feel it would not matter anyway since the proposed board is advisory only. This would create a break in communication between the sportsmen around the state and the Department.

Currently in the Department of Natural Resources our wildlife and fishery resources as well as public educational programs and law enforcement are developed, administered, and enforced by professionals. Their leadership should also be professional career personnel with education, certifications, and experience in law enforcement, wildlife and fisheries. The citizens of South Carolina deserve that stewardship of these natural resources be in the hands of professionals that can plan and implement programs of conservation and wise use that transcend the political cycle.

The South Carolina Wildlife Federation supports the maintenance of professional leadership in the Department of Natural Resources, governed by a diverse board, that uses scientific management of the State's natural resources and grassroots input into the decision-making process. Accordingly, our Board of Directors unanimously and fervently opposes the reorganization of the Department of Natural Resources Board as proposed in S.80.

Sincerely yours,

Angela Viney

Executive Director

c: The Honorable Marshall C. Sanford, Jr.

General Assembly of the State of South Carolina

SCDNR Legislative Update

18 March 05

SCDNR Homepage

Bill #	Author	Description	Status
		Activity during the week appears in red and bold *New Bills Italicized*		DNR Senate Bills

289	Gregory	Fur Tagging & Trapping	HANR	Read third time and sent to HANR
290	Gregory	Hatchery Permit	S-Floor	Committee report: Favorable with amend
291	Gregory	Senior Statewide Hunting & Fishing License Revision	HANR	Sub. Committee report: Favorable
292	Gregory	Codification of current license fees from proviso	SFGF
297	Gregory	Info. Technology 5 Yr -$1 License/ Regs. Fee Surcharge	SFGF	Committee Adopted with amendment
535	Hutto	Removal of harvest restrictions of striped bass and striped bass hybrids in the Savannah River System with limits	S-Floor	2^nd Reading
				DNR House Bills

3459	Ott	Fur Tagging & Trapping	HANR
3572	Sandifer	Hatchery Permit	HANR

				Other Bills of Interest
		SENATE

22	Knotts	State Grand Jury jurisdiction to include willful criminal violations which result in environmental harm, provides DHEC make a formal written recommendation to the AG and the Chief of SLED in consideration of the need to impanel a state grand jury.	S-Floor	Set for Special Order 3/16
59	Ryberg	Closes the (TERI) program to new participants effective July 1, 2005	SFIN
74	Knotts	Failure to stop a motor vehicle when signaled by law enforcement	SJUD
80	McConnell	Restructuring including SCDNR as a cabinet agency governed by a director appointed by the governor w/ advice and consent of the senate.	SJUD	Set for Special Order 3/16
99	Richardson	Establish S.C. Sunset Commission and Sunset Review Div. of the LAC	SJUD
119	Ritchie	Establish the Dept. of State Chief Information Officer - appointed by the Gov. w/advice consent of the Senate	SJUD
133	Leatherman	Regulations Process Changes	SJUD
138	Hayes	Registration and Licensing of all-terrain vehicles.	STRANS	Senate Committee report: Fav./with amendment
145	Mescher	1 Ark.. blue catfish over 34 in. from Lks. Marion & Moultrie per person per day, applies commercially & recreationally.	HANR	Sub-Committee report: Fav./with amendment
149	Campsen	A person or facility that may lawfully dress, process, package, and return venison of a deer killed while hunting to the owner for personal consumption may also do the same for pig, hog, or boar.	SANR
153	Elliot	Requires affirmative approval of Regs. vs. them to become effective after 120 days, Regulations Process Changes	SJUD
154	Elliot	Requires affirmative approval of Regs. vs. them to become effective after 120 days, Regulations Process Changes	SJUD
172	Leventis	Requires DHEC to develop and implement a long range strategy for preserving and protecting the environment and public health	SMED
175	Leventis	Require persons who process deer meat on a fee for service basis who are not regulated by a federal or state agency to register with the DHEC and to require the Dept. to promulgate regs	SFGF
195	Verdin	Future legislative manuals must contain names of each Soil & Water Conserv. Dist. Comm. and contact information.	House
211	Leventis	Provides that no firearms may be discharged within 25 yds of each side of the Palmetto and to provide that the trail also may not be used as a means of trespassing for hunting or for turning dogs loose for the purpose of hunting within the 25 yard buffer	SFGF
212	McGill	Unlawful to take or attempt to take a wild turkey from a watercraft	HANR	Sub-Committee report: Fav./ with amendment
213	Grooms	Create a State Gov. interagency study committee to study steps to be taken to provide opportunities for trails on state owned or leased land or privately owned land for off-road motorcycle and all terrain vehicle recreational activity	SFGF
214	Grooms	The DNR may promulgate regs for the protection, preservation, operation, maintenance, and use of land leased or established as a WMA	HANR
225	Knotts	Establishes a committee to study the feasibility of consolidating all State Law Enforcement agencies and to issue a report to the Governor, the Senate, and the House	SJUD
241	Ryberg	Appellant to a decision issued by a magistrate must serve notice of appeal upon the magistrate and all respondents.	SJUD
288	Richardson	Impose a user fee equal to five cents a gallon on gasoline and other motor fuels, further increases in these user fees annually based on increases in the consumer price index and to repeal sections 12-28-2730 and 12-28-2910, relating to the crediting of a portion of motor fuel tax revenues to the special water recreational resources fund and the economic development account.	SFIN
309	Ford	Agencies enforcing traffic laws must collect & maintain certain data including, but not limited to, the race or ethnicity of the driver stopped	SJUD
322	Grooms	Provides for payroll deduction for dues of members of the South Carolina State Lodge of the Fraternal Order of Police.	SJUD
358	Leatherman	All-Terrain Vehicle Safety Act	SFGF
391	Moore	A caucus may be created based upon a special legislative interest	SJUD
398	Peeler	Certain agricultural purposes are considered an essential water use and are exempt from mandatory curtailment of nonessential water uses.	SANR
405	Ryberg	Fraternal Order of Police License Plate	HEDU
463	Thomas	Prohibits dumping, includes debris that inadvertently or intentionally falls from a moving vehicle creating a road hazard and provides penalty	SJUD
594	Martin	It is lawful to pursue bear with dogs with a permit from the department so long as no bears are taken or killed during this activity.	SFGF
626	Hawkins	Illegal to confine or restrict movement of an animal in a way that inflicts extended and unnecessary suffering upon an animal.	SANR	Introduced
629	SFGF	A Joint Resolution To approve regulations of the department of natural resources, relating to wildlife management area regulations, designated as Regulation Document Number 2933	S-Floor	Introduced & 2^nd Reading
				Other Bills of Interest
		HOUSE
3009	Wilkins	Restructuring Act of 2005	HW&M	Recommitted to Ways & Means
3022	Rice	Establish the S.C. Sunset Commission and a Sunset Review Div. of the LAC	HW&M
3035	Kirsh	Provides that a (TERI) participant is not eligible to receive a lump-sum payment for unused annual leave earned while participating in the TERI program and to give this provision prospective effect.	HW&M
3036	Kirsh	Closes the (TERI) program to new participants effective July 1, 05, and to repeal effective July 1, 2010	HW&M
3061	Lucas	DUI Changes – Relating to certain test, implied consent, Miranda rights etc…	HJUD
3063	Kirsh	Provides certain kayaking and canoeing liability immunity whereby a kayaking or canoeing activity sponsor or a kayaking or canoeing professional is not liable for an injury to or the death of a participant absent specified factors.	HJUD
3065	Kirsh	Family Privacy Protection Act of 2002, change definition of "commercial solicitation".	HLCI
3087	Harrison	Provide for the registration and licensing of All-Terrain Vehicles	HEDU
3110	M.A. Pitts	Concealable Weapons permit from another state is valid	SJUD	3^rd Reading & Sent to SJUD
3114	Scarborough	Relating to the .16 cent a gallon user fees on motor fuels, so as to reduce this user fee to 11 cents a gallon, and impose an additional road tax equal to state sales tax revenue on motor fuels.	HW&M
3117	Kirsh	SCDNR Board membership increased from seven to eight and provides that the additional appointment must be made from the membership of the S.C. Association of Conservation Districts.	HANR
3131	Scarborough	Requires property taxes on a watercraft and outboard motor to be current before the title to these items may be transferred, applies to taxes due for property tax years after 1999 and October 3, 2000, for property tax years before 2000 if dealer obtained	HW&M
3134	Umphlett	Adds additional motor fuels user fee and road tax on motor carriers equal to six cents a gallon, from 7/1,/05, 6/30/12, which must be credited to the State Highway Fund for maintenance of roads more than 10 yrs old at the time the maintenance project begins.	HW&M
3136	Littlejohn	The Illegal Alien Enforcement Act
3137	Cobb-Hunter	Imposes the local sales and use tax to motor fuels subject to and to provide for the distribution and use of local sales and use tax revenue on motor fuel.	HW&M
3139	Bowers	Changes the catch limit for Red Drum from 2 to 5 in any one-day.	HANR
3150	Rice	Establish the S.C. Sunset Commission and Sunset Review Div. of the LAC	SJUD
3171	M.A. Pitts	Joint Res. to establish a committee to study the feasibility of consolidating all state Law Enforcement agencies and to issue a report to the Governor, the Senate, and the House	HJUD
3177	Bingham	Unintentional death as a result of violating state law or local ordinance is a misdemeanor	HJUD
3184	Harrison	Contested cases Appellate issues & Appeal procedural changes.	HJUD
3189	Merrill	State Grand Jury jurisdiction to include willful criminal violations which result in environmental harm, provide that DHEC make a formal written recommendation to the AG and the Chief of SLED in consideration of the need to impanel a state grand jury.	HJUD
3216	Merrill	Prohibit public funds to employ or contract with a person whose activities include those related to lobbying and to provide exceptions.	HJUD
3217	Merrill	Prohibit the use of public funds to contract with a person whose activities include those related to lobbying and to provide exceptions.	HJUD
3220	Rice	Imposes a gas franchise fee of 5% of the avg. price of each gallon of motor fuel, up to .07 a gallon, to provide for an annual adjustment in the .07 a gallon max. fee to reflect changes in the consumer price index, and to require the fee revenues to be credited to the State Highway Fund.	HWM
3235	Witherspoon	Certain agricultural purposes are considered an essential water use and are exempt from mandatory curtailment of nonessential water uses.	HANR
3246	Duncan	Presbyterian Home of S.C. grounds, on Hwy. 56 in Clinton (Laurens Co.) as a bird sanctuary.	S-Floor	Committee report: Favorable, 2^nd Reading
3268	Davenport	Amend House rule 4.3, relating to the jurisdiction of committees, so as to provide that the Ways and Means committee has jurisdiction over that portion of a Reg containing the establishment or revision of a fee and that the Reg simultaneously must be referred to the ways and means committee and to the committee having jurisdiction over the subject matter of the regulation.	HRULES
3269	Ceips	Proclaim July 2005 "Beaufort Water Festival month" in S.C. in recognition of the beaufort water festival's historic fiftieth anniversary	Senate
3272	Brady	Bohicket designated-Official State Soil	HANR
3275	Duncan	Conviction of or plea of guilty or nolo contendere to a criminal offense resulting from the shooting of any bovine or equine animal shall also have his hunting privileges suspended for a period of two years	SFGF
3285	Wilkins	A final decision by an ALJ involving the DHEC may be appealed as a matter of right to the Court of Appeals.	HJUD
3296	Harrell	Highway Funding	HWM
3313	R. Brown	Provisions relating to the ill-treatment of animals don’t apply to meat producing fowl, commercial egg laying fowl, or fowl that is indigenous to the state used for game or sport.	HJUD
3372	Rhoad	Changes the catch limit for Red Drum from 2 to 5 in any one-day.	SFGF	Full Committee Carry-Over
3393	M.A. Pitts	Noncommercial jug fishing; a jug permit is not required for residents assisting jug permit holders.	HANR	Sub-Committee report: Favorable
3402	M.A. Pitts	A caucus may be created based upon a special legislative interest.	HJUD	Recalled from HJUD & referred to HANR
3403	Clemmons	Repeal section 56-3-130, exempting certain boat, farm, and utility trailers from the provisions that require vehicles to be licensed or registered.	HANR
3407	J.M. Neal	Tuition for children of firemen, L.E. officers, and gov’t employees disabled or killed in the line of duty, includes spouses as eligible, Include summer semesters in the 4 yrs the persons may receive the tuition exemption.	HW&M
3408	J.M. Neal	Full-time L.E. officer who is assaulted or injured while arresting or attempting to arrest a person in the line of duty may be placed on admin. leave with pay by his employer rather than sick leave.	HW&M
3457	White	Constitutional Right to Hunt	HANR
3458	Umphlett	Makes unlawful to hunt deer with a center-fire rifle unless the hunter is occupying an elevated stand at least ten feet above the ground.	HANR
3538	J.E. Smith	A witnesses to littering may swear out a warrant in the appropriate court to initiate prosecution of the offender.	HJUD
3540	Altman	Repeals permits for the harvest and marketing of diamond-back terrapin as a commercial species	HANR
3556	Altman	Repeals permits for the harvest and marketing of diamond-back terrapin as a commercial species	HANR
3572	Sandifer	Hatchery Permit	HANR
3593	Walker	A driver of a motor vehicle which is involved in a fatal motor vehicle accident must submit to a chemical test of his breath for the purpose of determining the presence of alcohol if there are reasonable grounds	HJUD
3602	Witherspoon	National Marina Day in South Carolina	SFGF
3622	Rhoad	Daily bag limit for mourning doves including ring necks at 15 per day, provides start time for taking or hunting, provides that top sowing wheat by regulation by the DNR is not considered baiting an area over which migratory game birds are hunted	HANR
3265	Simrill	Allows law enforcement employed by a neighboring state to enter S.C. in fresh pursuit of a person who is in flight from the commission of a criminal offense in the neighboring state and to arrest the person; process and procedures	HJUD
3723	Rice	It is lawful to pursue bear with dogs with a permit from the department so long as no bears are taken or killed during this activity.	HANR
3726	Ott	Chandler’s Law provides for the registration and licensing of all-terrain vehicles.	HANR
3757	Kirsh	To amend section 12-6-5060, relating to voluntary contributions to certain funds as designated on the state income tax return, so as to include all the trust funds that may be designated; and to repeal sections 12-6-5065, 12-6-5070, 12-6-5080, 12-6-5085, and 12-6-5090 relating to the gift of life, veterans', dare, litter control, and law enforcement assistance trust funds, respectively.	HWM	Introduced
3777	Cieps	Add Section 16-17-605 so as to define the terms "geocache", "geocaching", and "letterboxing", to provide that it is unlawful to engage in geocaching or letterboxing in cemeteries, archeological sites, or on the historic properties of the state, and to provide a penalty	HJUD	Introduced
3782	Hayes	To amend section 49-29-230, relating to certain scenic river designations, so as to designate a portion of the Little Pee Dee River as a scenic river.	H-Floor	Introduced, read first time, placed on calendar without reference

House	Committee	Chairman
HANR HEDU HETH HIC HINV HJUD HLCI H3M HO&M HRUL HW&M	Agriculture, Natural Resources & Environmental Affairs Education and Public Works Ethics Interstate Cooperation Invitations Judiciary Labor, Commerce and Industry Medical, Military, Public & Municipal Affairs Operations and Management Rules Ways and Means	William D. Witherspoon Ronald P. Townsend J. Roland Smith Mack T. Hines Robert W. Leach, Sr. James H. Harrison Harry F. Cato Joe E. Brown Lewis R. Vaughn Converse A. Chellis, III Robert W. Harrell, Jr.	LE = Law Enforcement ALJ = Admin. Law Judge FMWA = Federal Migratory Waterfowl Act OCRM = Ocean & Coastal Resource Management PORS = Police Officers Retirement System 24Hr..Pt. = Allows members 24 hrs to review bill
Senate
SANR SB&I SC&P SEDU SETH SFIN SFGF SGEN SIC SINV SJUD SLCI SMED SRUL STRAN	Agriculture & Natural Resources Banking & Insurance Corrections & Penology Education Ethics Finance Fish, Game & Forestry General Interstate Cooperation Invitations Judiciary Labor, Commerce & Industry Medical Affairs Rules Transportation