Legislative Report
July 2009

The first year of a two year legislative session recently ended, and several very important pieces of legislation affecting fish, wildlife, conservation, the environment and the outdoors have passed. In addition, many bills are in committee or on the calendar to be taken up in January.

Important Legislation that passed in the 2009 Legislative year:

Constitutional Right to Hunt and Fish The SC Wildlife Federation supported a Joint Resolution to propose an amendment to the state constitution to protect our right to hunt and fish. This proposed constitutional amendment, which includes important amendments requested and supported by the SCWF, will be on the ballot to be voted on by all voters in the general election on November 2, 2010. The question to be put to voters will be:

"Must Article I of the Constitution of this State, relating to the declaration of rights under the state's Constitution, be amended by adding Section 25 so as to provide that hunting and fishing are valuable parts of the state's heritage, important for conservation, and a protected means of managing nonthreatened wildlife; to provide that the citizens of South Carolina shall have the right to hunt, fish, and harvest wildlife traditionally pursued, subject to laws and regulations promoting sound wildlife conservation and management as prescribed by the General Assembly; and to specify that this section must not be construed to abrogate any private property rights, existing state laws or regulations, or the state's sovereignty over its natural resources? Yes    []       No    []"

The Camo Coalition and SCWF will be working to elicit support for this constitutional amendment from voters from throughout the state. We will need the help of a broad base of sportsmen’s groups to make a good showing in support of our hunting and fishing heritage next fall.

SC Conservation Bank Funding – Success! The Legislature, even with problems posed by a bad budget year, provided $2.2 million to the SC Conservation Bank for the protection of wildlife habitat. Since its inception, the Bank has spent $80 million to protect over 152,720 acres of land at an average cost of $534 per acre. The Conservation Bank has partnered in funding the purchase of 58,332 acres of land that is permanently dedicated to the SC Wildlife Management Area (WMA) program for the benefit of sportsmen and wildlife.

H.3121 Turtle Export Bill - Rep. James Smith - Passed and Signed by Governor. The export of freshwater turtles from South Carolina is now regulated and limited to ten per day. A new law halts the harvest of tens of thousands of our turtles and their shipment as food products to Asia. This new law does not affect the right to possess turtles for pets or food within the state. It also provides an opportunity for aquaculture permits for turtle culture and sale to be issued by DNR.

H.3572 Rep. David Umphlett – Passed and Signed by Governor- Amends Crappie and flounder laws.

Crappie Fishing in Lake Murray-Now unlawful to take or possess more than twenty crappie per day. It is also unlawful to take or possess crappie less than eight inches in total length.

Flounder Population Study Program and catch limits-Amends "Section 50-5-2017.    Establishes a 5 year Flounder Population Study Program to be administered by the Department of Natural Resources. The program, which begins January 1, 2010, and ends December 31, 2015, will study the effects of flounder catch limits and prohibits lights powered by generators on summer flounder, located in the waters of Murrells Inlet Estuary, Pawleys Island Estuary, and the creeks of Litchfield flowing into Pawleys Island Estuary.  The flounder limit in these areas is 10 per day for any individual, not to exceed twenty, and outlaws the use of any type of artificial illumination powered by a generator while gigging or fishing for flounder from a boat or wading in the water.

H.3131 Rep. Toole-Official State Wildlife Designations and Bird Egg Protections

Wood Duck Designated as Official State Duck - The 'wood duck' (Aix sponsa) also known as the summer duck and the Carolina duck is now the official state duck.
Official state marine mammal designated - The 'bottlenose dolphin' (Tursiops truncatus) is designated as the official state marine mammal."
Official state migratory marine mammal designated - The 'northern right whale' (Eubalaena glacialis) is now the official state migratory marine mammal.
Protection of nest with birds or eggs present - Protects active nests or the eggs of a wild bird and prohibits posessing an active nest or eggs without a permit issued by the DNR. Bill became law without the signature of the Governor on 6/3/09.
H.3635 - Amendments to Saltwater Fishing – Shore based and pier fishermen must now possess a license.

Solid Waste Regulations -Sen. Gerald Malloy introduced S.324 calling for a two-year moratorium on new and expanded landfills. As the moratorium gained momentum in the Senate, DHEC’s Landfill Capacity Task Force quickened its pace and adopted new Determination of Need regulations that would reduce capacity from 42 million tons annually to 10.8 million tons – four months ahead of schedule. When S.324 hit the House Agriculture and Environmental Affairs I Subcommittee in May, Rep. David Hiott, Mike Forrester and Nelson Hardwick voted to adopt the new regulations but adjourn debate on S.324, effectively killing the moratorium. 
 
Re-energizing South Carolina  -  Passage of  the Building Codes Reform Act, H.3550 introduced by Speaker Pro Tempore Harry Cato, will ensure that South Carolina uses modern energy efficiency building practices that will save consumers as much as $400 annually, and save the state energy as well.

Another energy bill that was approved this year is S.232 by Sen. Greg Ryberg that updates the state's energy plan to encourage the development and use of clean energy resources, defines renewable energy sources, and promotes energy and water efficiency improvements at state agencies. The bill as introduced included nuclear fuel reprocessing in the definition of “renewables.” This language was removed by the Senate Agriculture Committee, but during the Senate debate Senator Ryberg attempted to reinsert the language back into the bill. On March 31st the Senate defeated this effort in a vote of 23-20.

We also want to thank Rep. James Smith for leading the effort to increase the solar tax credit for the purchase and installation of solar property from 25% to 30%. 

Several bills were filed ( S.44 / S.293 /H.3188/H.3194) pertaining to offshore drilling on South Carolina’s coast. Offshore drilling puts our state's coastal resources at risk, and meanwhile, will do nothing to relieve the high cost of fuel. The U.S. Department of Energy has concluded all of the oil reserves that were recently under the federal moratorium would have an insignificant impact on gas prices at the pump and the future cost of natural gas. The previously appointed Natural Gas Exploration Feasibility Study Committee, co-chaired! by Sen. Paul Campbell and Rep. Michael Thompson, met but has not yet provided a final report. South Carolina needs to look at our offshore resources comprehensively, focusing on energy sources that protect natural resources and tourism assets.

Bills that have not passed and remain active in the 2010 legislative session

H.3004 Transfer of DNR Wildlife Enforcement Officers to the SC Department of Public Safety (Highway Patrol) - Rep. Dan Cooper R-Anderson (Referred to House Agriculture and Natural Resources Committee).     Strongly Oppose This bill, which has several prominent co-sponsors, proposes to move the DNR Wildlife Officers and the entire Law Enforcement budget to the SC Department of Public Safety (Highway Patrol). This move would separate this excellent group of dedicated conservation law enforcement officers from our traditional sportsmen’s agency and our DNR Board and place it in an agency that is run by a secretary appointed by the Governor. The DNR Board, Director and the Leadership of the Wildlife Law Enforcement Division at DNR are dedicated to the conservation of wildlife in our state and have long history of competence and fairness. Furthermore, hunters and fisherman pay for the services provided by DNR law enforcement through licenses and fines. We fear that the wildlife conservation mission will be eroded and funding will be diverted to the Highway Patrol which is also constantly in need of resources. SCWF, along with other sportsmen’s organizations, view this potentially devastating action.

S. 452 – Surface Water Permitting and Protection -  Senator Paul Campbell, Undecided - Will support if amended to protect fish, boating and sportsmens interests. SC currently has no laws that provide permits or regulation of the withdrawal and use of surface water from rivers, lake and streams. S.452 would regulate these withdrawals, however it is weaker than sportsmen would like. We are working to build support for amendments that will improve S.452 and make it more friendly to wildlife and boater interests. This is the most important environmental and conservation bill of rthis decade and it is very important to sportsmen that a good bill pass next year. This bill is being crafted by the Senate Agriculture and Natural Resources Committee. 

H.3271 Bill to allow deer baiting in the Piedmont Rep. Jeff Duncan, R-Laurens (Assigned to the Wildlife Subcommittee of the House Agriculture and Natural Resources Committee) This bill proposes to allow baiting of deer in the Piedmont.

S.177, Senator Massey - Allows Baiting for Deer in the Piedmont This bill is the same as H3271 above. This bill is on the Senate contested calendar.    

H.3541 Bear Hunting Amendments  This bill by Representative David Hiott of Pickens amends bear hunting laws statewide and allows DNR to establish a bear hunting season outside of Game Zone 1. Bill has passed the House and been assigned to the Senate Fish, Game and Forestry Committee.

H.3881 Rep Tom Young and others – Sets a statewide Turkey Season to run from March 15 – May 1. Assigned to the House Agriculture and Natural Resources Committee

H. 3723  By Representative Jeff Duncan – Provides for an additional permit for “hunting deer with a dog”, provides for additional requirements and fines for violations. Assigned to the House Agriculture and Natural Resources-Wildlife Subcommittee. This bill will likely be considered. by the Committee in January 2010.

Other Bills of Interest for 2010

Renewable Energy ( H.3628, Rep. Joan Brady) House, Labor, Commerce, and Industry Committee- Authorizes utilities to pursue renewable energy projects up to 100 megawatts, encourages investment in the research and development of homegrown renewable.
Green Globes Tax Credit ( H.3676, Representatives Bill Herbkersman and Shannon Erickson) House Ways & Means Committee- Provides a 25% tax credit for costs incurred by a taxpayer for new construction or renovations that meet certain Green Globes or LEED silver standards.
Appalachian Mountains Preservation Act ( H.3955, Rep. Carl Gullick) House LCI Committee- States that South Carolina coal plants cannot use coal extracted by mountaintop coal mining. 

DHEC Reorganization

Annexation Reform