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A56, R87, H3013
Sponsors: Reps. Limehouse, Parker and Toole
Document Path: l:\council\bills\bbm\9000htc09.docx
Introduced in the House on January 13, 2009
Introduced in the Senate on April 1, 2009
Last Amended on March 31, 2009
Passed by the General Assembly on May 21, 2009
Became law without Governor's signature, June 3, 2009
Summary: Animal enclosures
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 12/9/2008 House Prefiled 12/9/2008 House Referred to Committee on Judiciary 1/13/2009 House Introduced and read first time HJ-21 1/13/2009 House Referred to Committee on Judiciary HJ-22 3/25/2009 House Committee report: Favorable with amendment Judiciary HJ-7 3/31/2009 House Amended HJ-68 3/31/2009 House Read second time HJ-69 4/1/2009 House Read third time and sent to Senate HJ-32 4/1/2009 Scrivener's error corrected 4/1/2009 Senate Introduced and read first time SJ-12 4/1/2009 Senate Referred to Committee on Judiciary SJ-12 4/16/2009 Senate Referred to Subcommittee: Knotts (ch), Massey, Coleman 5/13/2009 Senate Committee report: Favorable with amendment Judiciary SJ-12 5/19/2009 Senate Committee Amendment Adopted SJ-24 5/19/2009 Senate Read second time SJ-24 5/20/2009 Senate Read third time and returned to House with amendments SJ-61 5/21/2009 House Concurred in Senate amendment and enrolled HJ-48 5/21/2009 House Roll call Yeas-104 Nays-0 HJ-48 5/27/2009 Ratified R 87 6/3/2009 Became law without Governor's signature 6/11/2009 Effective date 06/03/09 6/12/2009 Act No. 56
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
(A56, R87, H3013)
AN ACT TO AMEND SECTION 16-11-650, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF REMOVING OR DESTROYING FENCES, GATES, OR OTHER BARRIERS ENCLOSING ANIMALS, CROPS, OR UNCULTIVATED LANDS, SO AS TO REVISE THE ELEMENTS OF THE OFFENSE, INCREASE PENALTIES FOR VIOLATIONS, PROVIDE FOR THE RIGHTS OF EASEMENT HOLDERS, AND TO VEST JURISDICTION TO HEAR AND DISPOSE OF THIS OFFENSE IN MAGISTRATES COURT.
Be it enacted by the General Assembly of the State of South Carolina:
Penalty increased, jurisdiction
SECTION 1. Section 16-11-650 of the 1976 Code is amended to read:
"Section 16-11-650. (A) A person, other than the owner or a person acting under the authority of the owner, who wilfully and knowingly removes, destroys, or leaves down any portion of a fence in this State intended to enclose animals of any kind or crops or uncultivated lands or who wilfully and knowingly leaves open or removes a gate or leaves down bars or other structure intended for the same purpose is guilty of a misdemeanor and must be punished by a fine of one thousand dollars or imprisonment for thirty days, or both.
(B) The magistrates court is vested with jurisdiction to hear and dispose of these cases.
(C) Nothing in this section shall affect an easement holder's right and ability to maintain such easement and rights of way consistent with the provisions of the document granting such easement."
SECTION 2. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 3. This act takes effect upon approval by the Governor.
Ratified the 27th day of May, 2009.
Became law without the signature of the Governor -- 6/3/09.
This web page was last updated on Wednesday, February 3, 2010 at 2:12 P.M.