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| (B) A person aggrieved by a violation of subsection (A) may bring a civil action for injunctive relief and for monetary damages resulting from the violation."
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. BAXLEY explained the amendment.
The amendment was then adopted.
The Senate amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.
The Senate amendments to the following Bill were taken up for consideration.
H. 4834 -- Reps. Robinson, Herdklotz, Waldrop, Sandifer, Fulmer, Trotter, Marchbanks, Rice, Haskins and Harrell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-2-75 SO AS TO PROVIDE FOR THE METHOD OF SIGNING INCOME TAX RETURNS; TO AMEND SECTION 12-4-310, AS AMENDED, RELATING TO DUTIES OF THE DEPARTMENT OF REVENUE AND TAXATION, SO AS TO REVISE A REFERENCE TO THE BOND REQUIREMENT FOR DEPARTMENTAL OFFICERS AND EMPLOYEES; TO AMEND SECTION 12-6-50, AS AMENDED, RELATING TO SECTIONS OF THE INTERNAL REVENUE CODE OF 1986 NOT ADOPTED IN THE DETERMINATION OF SOUTH CAROLINA TAXABLE INCOME, SO AS TO DELETE THE EXCLUSION OF PROVISIONS RELATING TO AN INNOCENT SPOUSE; TO AMEND SECTION 12-31-60, RELATING TO PENALTIES PROVIDED UNDER THE INTERNATIONAL FUEL TAX AGREEMENT, SO AS TO MAKE THESE PENALTIES APPLY IN LIEU OF OTHER PENALTIES AND INTEREST OTHERWISE REQUIRED; TO AMEND SECTIONS 12-36-110, AS AMENDED, 12-36-120, AS AMENDED, 12-36-1710, AS AMENDED, 12-36-2110, AS AMENDED, AND 12-36-2120, AS AMENDED, RELATING TO THE SOUTH CAROLINA SALES AND USE TAX ACT, SO AS TO REVISE THE DEFINITIONS OF "RETAIL SALE" AND
Those who voted in the affirmative are:
Anderson Boan Breeland Cotty Hodges Knotts Lanford McElveen McMahand Riser Scott Smith, D. Whipper, S. Williams Witherspoon Wright Young-Brickell
Those who voted in the negative are:
Allison Askins Bailey Baxley Beck Brown, H. Byrd Cain Cato Chamblee Cooper Dantzler Delleney Easterday Felder Fleming Fulmer Gamble Hallman Harrell Harris, J. Harris, P. Harvin Hutson Inabinett Jaskwhich Jennings Kelley Keyserling Kirsh Klauber Koon Law Limbaugh Limehouse Littlejohn Lloyd Loftis Martin McCraw McKay McTeer Meacham Neilson Phillips Quinn Rhoad Rice Richardson Robinson Sandifer Seithel Sharpe Sheheen Shissias Simrill Smith, R. Spearman Stille Stoddard Stuart Townsend Trotter Tucker Vaughn Waldrop Walker Wells Whatley Wilder Wilkins Wofford
The question then recurred to the motion to adjourn debate, which was agreed to.
The Senate amendments to the following Bill were taken up for consideration.
H. 3447 -- Rep. Sharpe: A BILL TO AMEND SECTIONS 47-3-730 AND 47-3-760, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RESTRAINT OF DANGEROUS ANIMALS AND PENALTIES, SO AS TO REVISE THE REQUIREMENTS OF RESTRAINT AND AUTHORIZE THE USE OF A SECURITY BOND IN THE REGISTRATION OF DANGEROUS ANIMALS.
Reps. JENNINGS, J. HARRIS, SEITHEL, HARVIN, J. YOUNG and CAIN proposed the following Amendment No. 1A (Doc Name P:\amend\DKA\3801JM.96), which was ruled out of order.
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:
/SECTION __. Section 47-1-10 of the 1976 Code is amended to read:
"Section 47-1-10. In As used in this chapter the words `animal' or `animals' shall be held to include all brute creatures.:
(1) `Animal' or `animals' shall be held to include all living vertebrate creatures except homo sapiens.
(2) `Sustenance' means adequate food provided at suitable intervals of quantities of wholesome foodstuff suitable for the species and age, sufficient to maintain a reasonable level of nutrition to allow for proper growth and weight and adequate water provided with constant access to a supply of clean, fresh, and potable water provided in a suitable manner for the species.
(3) `Shelter' means shelter that reasonably may be expected to protect the animal from physical suffering or impairment of health due to exposure to the elements or adverse weather."
SECTION __. Section 47-1-40 of the 1976 Code, as last amended by Act 430 of 1992, is further amended to read:
"Section 47-1-40. (A) Whoever overloads, overdrives, overworks, or ill-treats any animal, or deprives any animal of necessary sustenance or
(B) Whoever tortures, torments, needlessly mutilates, cruelly kills, or inflicts excessive or repeated unnecessary pain or suffering upon any animal or causes the acts to be done for any of the offenses is guilty of a misdemeanor and, upon conviction, must be punished by imprisonment of not less than one hundred eighty days and not to exceed two years and by a fine of five thousand dollars.
(C) This section does not apply to fowl, accepted animal husbandry practices of farm operations, and the training of animals, the practice of veterinary medicine, or activity authorized by Title 50."
SECTION __. Section 47-1-50 of the 1976 Code, as last amended by Act 398 of 1992, is further amended to read:
"Section 47-1-50. (A) An owner, a possessor, or a person having the charge or custody of an animal may not:
(1) cruelly drive or work it when unfit for labor;
(2) carry it, or cause it to be carried, in or upon a vehicle or otherwise in an unnecessarily cruel or inhuman inhumane manner; or.
(3) knowingly or wilfully authorize or permit it to be subjected to unnecessary torture, suffering, or cruelty.
(B) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be punished for each offense in the manner prescribed in Section 47-1-40(A)."
SECTION __. Section 47-1-70 of the 1976 Code, as last amended by Act 398 of 1992, is further amended to read:
"Section 47-1-70. (A) A person may not abandon an animal. As used in this section `abandonment' is defined as deserting, forsaking, or intending to give up absolutely an animal without securing another owner or without providing the necessities of life. `Necessities of life' includes:
(1) adequate water which means a constant access to a supply of clean, fresh, and potable water provided in a suitable manner for the species at least once daily;
(3) adequate shelter which means shelter that reasonably may be expected to protect the animal from physical suffering or impairment of health due to exposure to the elements or adverse weather.
(B) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred nor more than five hundred dollars or imprisoned not more than thirty days, or both. Offenses under this section must be tried in the magistrate's or municipal court.
(C) A hunting dog that is positively identifiable in accordance with Section 47-3-510 or Section 47-3-530 is exempt from this section."
SECTION __. Section 47-1-100 of the 1976 Code is amended to read:
"Section 47-1-100. Animals unloaded as required by Section 47-1-90 shall must be properly fed, watered, and sheltered during such rest by the owner or person having the custody thereof or, in case of his default in so doing, then by the railroad company transporting such animals at the expense of the owner or person in custody thereof; and the company shall, in such case, have a lien upon such animals for food, care, and custody furnished and shall not be liable for any detention of such animals."
SECTION __. Section 47-1-120 of the 1976 Code is amended to read:
"Section 47-1-120. When any a person arrested is, at the time of such the arrest, in charge of any an animal or any vehicle drawn by or containing any animal, any an agent of the South Carolina Society for the Prevention of Cruelty to Animals, or of any society incorporated for that purpose, may take charge of such the animal and of such vehicle and its contents and deposit them the animal in a safe place of custody or deliver them the animal into the possession of the police or sheriff of the county or place wherein where the arrest was made, who shall thereupon assume the custody thereof and all necessary expenses incurred in taking charge of such property be a lien thereon of the animal."
SECTION __. Section 47-1-140 of the 1976 Code is amended to read:
"Section 47-1-140. The person making the arrest, with or without warrant, shall use reasonable diligence to give notice thereof to the owner of the animals found in the charge or custody of the person arrested, if such the person be is not himself the owner, and shall properly care and provide properly for such the animals until such owner shall take charge of them; and the owner shall take charge of the animals within fifteen days from the date of such notice. The person making such arrest shall have
SECTION __. Section 47-1-150 of the 1976 Code is amended to read:
"Section 47-1-150. When complaint is made on oath or affirmation to any magistrate authorized to issue warrants in criminal cases that the complainant believes and has reasonable cause to believe that the laws in relation to cruelty to animals have been or are being violated in any particular building or place, such magistrate, if satisfied that there is reasonable cause for such belief, shall issue a search warrant authorizing any sheriff, deputy sheriff, deputy state constable, constable or police officer to search such building or place; but no such search shall be made after sunset, unless specially authorized by the magistrate upon satisfactory cause shown. If an animal is seized pursuant to this section and the South Carolina S.P.C.A. or other society incorporated for that purpose is involved with the seizure, the animal may be held pending criminal disposition of the case at a facility maintained or contracted by that agency."
SECTION __. Section 47-1-170 of the 1976 Code is amended to read:
"Section 47-1-170. All penalties, fines and costs incurred by reason of violations of any of the provisions of Sections 47-1-40, 47-1-50, 47-1-90, 47-1-100, or 47-1-140 shall constitute and be a lien upon the animal so cruelly used. The owner or person having charge or custody of an animal cruelly used who is convicted of a violation of this chapter forfeits ownership, charge, or custody of the animal and at the discretion of the court the person who is charged with or convicted of a violation of this chapter must be ordered to pay costs incurred to care for the animal and related expenses."
SECTION __. Section 47-1-30 of the 1976 Code is repealed./
Renumber sections to conform.
Amend title to conform.
Rep. JENNINGS explained the amendment.
Rep. FLEMING raised the Point of Order that Amendment No. 1A was out of order as it was not germane in that the Bill dealt specifically with dangerous animals and the amendment dealt with cruelty to animals.
Rep. JENNINGS argued contra the Point in stating that it related to the same topic and under Rule 9.3 it would be germane.
The SPEAKER stated that the Bill as amended from the Senate dealt with dangerous animals and animal control officers and criminal penalties and the amendment dealt with cruelty to animals and he sustained the Point of Order and ruled the amendment out of order.
Rep. SHARPE explained the Senate amendments.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
Rep. KELLEY moved to reconsider the vote whereby debate was adjourned on the Senate amendments to the following Bill, which was agreed to.
H. 4834 -- Reps. Robinson, Herdklotz, Waldrop, Sandifer, Fulmer, Trotter, Marchbanks, Rice, Haskins and Harrell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-2-75 SO AS TO PROVIDE FOR THE METHOD OF SIGNING INCOME TAX RETURNS; TO AMEND SECTION 12-4-310, AS AMENDED, RELATING TO DUTIES OF THE DEPARTMENT OF REVENUE AND TAXATION, SO AS TO REVISE A REFERENCE TO THE BOND REQUIREMENT FOR DEPARTMENTAL OFFICERS AND EMPLOYEES; TO AMEND SECTION 12-6-50, AS AMENDED, RELATING TO SECTIONS OF THE INTERNAL REVENUE CODE OF 1986 NOT ADOPTED IN THE DETERMINATION OF SOUTH CAROLINA TAXABLE INCOME, SO AS TO DELETE THE EXCLUSION OF PROVISIONS RELATING TO AN INNOCENT SPOUSE; TO AMEND SECTION 12-31-60, RELATING TO PENALTIES PROVIDED UNDER THE INTERNATIONAL FUEL TAX AGREEMENT, SO AS TO MAKE THESE PENALTIES APPLY IN LIEU OF OTHER PENALTIES AND INTEREST OTHERWISE REQUIRED; TO AMEND SECTIONS 12-36-110, AS AMENDED,
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION . A. Section 12-36-90(2) of the 1976 Code, as last amended by Act 497 of 1994, is further amended by adding an appropriately lettered subitem to read:
"( ) fees imposed on the sale of motor oil, new tires, lead-acid batteries, and white goods pursuant to Article 1, Chapter 96 of Title 44, including the refundable deposit when a lead acid battery core is not returned to a retailer."
B. This section takes effect July 1, 1996./
Renumber sections to conform.
Amend title to conform.
Rep. HODGES explained the amendment.
Rep. KIRSH raised the Point of Order that Amendment No. 2A was out of order as it was not germane in that the Bill was about property tax and the amendment was about sales tax.
Rep. HODGES argued contra the Point in stating that it dealt with the South Carolina sales and use tax so as to revise the definition of retail sale and wholesale sale.
The SPEAKER stated that the amendment was germane and he overruled the Point of Order.
Rep. H. BROWN spoke against the amendment.
Rep. LITTLEJOHN spoke in favor of the amendment.
Rep. H. BROWN moved to table the amendment.
Rep. HODGES demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Brown, H. Dantzler Fulmer Hallman Law McMahand McTeer Riser Robinson
Smith, D. Stuart Waldrop Whatley Witherspoon
Those who voted in the negative are:
Allison Anderson Askins Bailey Baxley Beck Breeland Byrd Cain Canty Cato Cave Chamblee Clyburn Cobb-Hunter Cooper Cotty Davenport Easterday Felder Fleming Gamble Govan Harrell Harris, J. Harris, P. Harvin Hines, J. Hines, M. Hodges Howard Hutson Inabinett Jaskwhich Jennings Kelley Keyserling Kinon Kirsh Klauber Knotts Koon Lee Limbaugh Limehouse Littlejohn Lloyd Loftis Martin Mason McAbee McCraw McElveen McKay Meacham Moody-Lawrence Neal Neilson Quinn Rhoad Rice Richardson Sandifer Scott Seithel Sharpe Sheheen Shissias Simrill Smith, R. Spearman Stoddard Tripp Trotter Tucker Walker Wells Whipper, L. Whipper, S. White Wilder Wilkes Williams Wofford Wright Young Young-Brickell
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