S 0833 General Bill, By Knotts
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 47-1-45 SO AS TO PROHIBIT THE TETHERING, FASTENING, CHAINING, TYING, OR
 RESTRAINING A DOG TO A STATIONARY OBJECT FOR MORE THAN THREE HOURS A DAY OR
 FOR MORE THAN SIX HOURS A DAY ON A TROLLEY SYSTEM; TO PROVIDE CLASS I
 MISDEMEANOR CRIMINAL PENALTIES; AND TO AUTHORIZE LOCAL GOVERNMENT BY ORDINANCE
 TO VARY THESE REGULATIONS.

   06/07/07  Senate Introduced and read first time SJ-22
   06/07/07  Senate Referred to Committee on Judiciary SJ-22
   06/20/07  Senate Referred to Subcommittee: Hawkins (ch), Sheheen,
                     Lourie, Vaughn
   03/05/08  Senate Committee report: Favorable with amendment
                     Judiciary SJ-12
   03/19/08  Senate Committee Amendment Amended and Adopted SJ-57
   03/20/08  Senate Amended SJ-9
   03/20/08  Senate Read second time SJ-9
   03/27/08  Senate Amended SJ-21
   03/27/08  Senate Read third time and sent to House SJ-21
   04/01/08  House  Introduced and read first time HJ-11
   04/01/08  House  Referred to Committee on Judiciary HJ-11
   05/21/08  House  Committee report: Favorable with amendment
                     Judiciary HJ-209
   05/28/08  House  Recommitted to Committee on Judiciary HJ-57

Indicates Stricken Matter

Indicates New Matter

COMMITTEE REPORT

May 21, 2008

S. 833

S. Printed 5/21/08--H.

Read the first time April 1, 2008.

To whom was referred a Bill (S. 833) to amend the Code of Laws of South Carolina, 1976, by adding Section 47-1-45 so as to prohibit the tethering, fastening, chaining, tying, etc., respectfully

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, by striking all after the enacting words and inserting:

/SECTION    1.    Section 47-1-40(B) of the 1976 Code, as last amended by Act 294 of 2000, is further amended to read:

"(B)    Whoever tortures, torments, needlessly mutilates, cruelly kills, cruelly restrains, cruelly confines, or inflicts excessive or repeated unnecessary pain or suffering upon any animal or by omission or commission causes the acts to be done for any of the offenses is guilty of a felony and, upon conviction, must be punished by imprisonment of not less than one hundred eighty days and imprisoned not to exceed five more than ten years and by a fine of five or fined up to ten thousand dollars, or both."

SECTION    2.    Section 16-27-30 of the 1976 Code is amended to read:

"Section 16-27-30.    (A)    Any person who:

(a1)    owns an animal for the purpose of fighting or baiting;

(b2)    is a party to or causes any fighting or baiting of any animal;

(c3)    purchases, rents, leases, or otherwise acquires or obtains the use of any structure, facility, or location for the purpose of fighting or baiting any animal; or

(d4)    knowingly allows or permits or makes available any structure, facility, or location to be used for the purpose of fighting or baiting any animal is guilty of a felony and upon conviction must be punished by a fine of fined five thousand dollars or imprisoned for five years, or both.

(B)    A person who knowingly and intentionally sharpens or otherwise modifies animal teeth for any purpose not associated with treatment by a licensed veterinarian is guilty of a misdemeanor and, upon conviction, must be:

(1)    imprisoned not more than sixty days or fined not less than one hundred dollars or more than five hundred dollars, or both, for a first offense;

(2)    imprisoned not more than ninety days or fined not more than eight hundred dollars, or both, for a second offense;

(3)    imprisoned not more than two years or fined not more than two thousand dollars, or both, for a third or subsequent offense."

SECTION    3.    Section 16-17-650 of the 1976 Code, as amended by Act 345 of 2006, is further amended to read:

"Section 16-17-650.    (A)    A person who engages in or is present at cockfighting or game fowl fighting or illegal game fowl testing is guilty of a:

(1) misdemeanor felony and, upon conviction, must be fined not more than one ten thousand dollars or imprisoned not more than one year for a first offense; or ten years, or both.

(2)    misdemeanor and, upon conviction, must be fined not more than three thousand dollars or imprisoned not more than three years for a second or subsequent offense.

(B)    For purposes of this section, "illegal game fowl testing" means allowing game fowl to engage in physical combat:

(1)    with or without spurs or other artificial items while in the presence of more than five spectators;

(2)    under any circumstances while employing spurs or other artificial items or with the injection or application of a stimulant substance; or

(3)    for purposes of or in the presence of wagering or gambling.

(C)    A person who violates the provisions of subsection (A)(1) must be tried exclusively in summary court.

(D)    A person who violates the provisions of subsection (A)(2) this section is subject to the forfeiture of monies, negotiable instruments, and securities specifically gained or used to engage in or further a violation of this section pursuant to Section 16-27-55.

(EC)    All game fowl breeders and game fowl breeder testing facilities must comply with the Department of Health and Environmental Control and the State Veterinarian's regulations, policies, and procedures regarding avian influenza preparedness and testing. In the event of an avian influenza outbreak in South Carolina, all game fowl breeders and game fowl breeder testing facilities must allow the Department of Health and Environmental Control and the State Veterinarian to conduct avian influenza testing of all game fowl."

SECTION    4.    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    5.    This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

JAMES H. HARRISON for Committee.

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-1-45 SO AS TO PROHIBIT THE TETHERING, FASTENING, CHAINING, TYING, OR RESTRAINING A DOG TO A STATIONARY OBJECT FOR MORE THAN THREE HOURS A DAY OR FOR MORE THAN SIX HOURS A DAY ON A TROLLEY SYSTEM; TO PROVIDE CLASS I MISDEMEANOR CRIMINAL PENALTIES; AND TO AUTHORIZE LOCAL GOVERNMENT BY ORDINANCE TO VARY THESE REGULATIONS.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Chapter 1, Title 47 of the 1976 Code is amended by adding:

"Section 47-1-45.    (A)    It is unlawful to knowingly or intentionally confine or restrain an animal in a cruel manner or knowingly or intentionally cause such cruel confinement or restraining of an animal.

(B)    For purposes of this section:

(1)    'Confine an animal in a cruel manner' or 'cruel confinement of an animal' means confining an animal by means of a pen or similar confinement under circumstances in which the person intends to endanger the animal's health or safety, or the person reasonably should have known would endanger the animal's health or safety. 'Confine an animal in a cruel manner' or 'cruel confinement of an animal' includes, but is not limited to, a confinement that:

(a)    confines an animal for such an unreasonable period of time that the animal's health or safety is endangered;

(b)    does not permit an animal to stand, turn around, sit, and lie down in a normal position;

(c)    causes bodily injury to an animal;

(d)    does not permit an animal access to sustenance;

(e)    does not permit proper ventilation for an animal; or

(f)    is not kept in a sanitary condition.

(2)    'Restrain an animal in a cruel manner' or 'cruel restraining of an animal' means tethering, fastening, chaining, tying, attaching, or otherwise restraining an animal to a tree, fence, post, or other stationary object or a running line, pulley, cable trolley system, or similar system by means of a chain, rope, tether, leash, cable, or similar restraint under circumstances in which the person intends to endanger the animal's health or safety, or the person reasonably should have known would endanger the animal's health or safety. 'Restrain an animal in a cruel manner' or 'cruel restraining of an animal' includes, but is not limited to, a restraint that:

(a)    restricts an animal's movement for such an unreasonable period of time that the animal's health or safety is endangered;

(b)    is of a weight that excessively burdens an animal;

(c)    causes an animal to choke or causes bodily injury to an animal;

(d)    is too short for an animal to move around or for an animal to urinate or defecate in a separate area from the area where the animal must eat, drink, or lie down;

(e)    is situated such that an animal will likely become entangled;

(f)    does not permit an animal access to sustenance and shelter;

(g)    does not permit an animal to escape reasonably foreseeable harm;

(h)    is attached to an animal by means of a collar, harness, or similar device that is not properly fitted for the age and size of the animal such that the collar, harness, or similar device causes trauma or injury to the animal; or

(i)        is attached to an unsupervised animal by means of a choke-type or pronged collar.

(C)    A person who knowingly or intentionally violates this section is guilty of a misdemeanor and, upon conviction, must be punished by imprisonment not exceeding sixty days or by a fine not less than one hundred dollars nor more than five hundred dollars, or both, for a first offense; by imprisonment not exceeding ninety days or by a fine not exceeding eight hundred dollars, or both, for a second offense; or by imprisonment not exceeding two years or by a fine not exceeding two thousand dollars, or both, for a third or subsequent offense. A person may be issued a correction warning in lieu of an infraction requiring the person to correct the cruel confinement or restraining of an animal within seventy-two hours unless the violation endangers the health or safety of the animal, the animal has been wounded as a result of the violation, or a correction warning has previously been issued to the person.

(D)    This section does not apply to fowl, accepted animal husbandry practices of farm operations and the training of animals, animal exhibitions or shows, pet shops, the practice of veterinary medicine, agricultural practices, forestry and silvacultural practices, wildlife management practices, and to activities, exhibitions, transportation, and other events related to activities authorized by Title 50.

(E)    Nothing in this section prohibits local governments from adopting more stringent local ordinances governing the confinement or restraining of an animal; however, a local government may assess only civil penalties for such ordinances."

SECTION    2.    This act becomes effective July 1, 2008.