H 5123 General Bill, By Koon, Frye and Rhoad
 A BILL TO AMEND SECTION 47-3-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO DISPOSAL OR REMOVAL OF FERAL DOGS FROM CERTAIN PROPERTY, SO
 AS TO PROVIDE THAT COUNTY ANIMAL CONTROL OFFICERS MAY ENTER UPON STATE-OWNED
 OR MANAGED PROPERTY AND UPON PRIVATE PROPERTY AT THE REQUEST OF THE LANDHOLDER
 OR LEASEHOLDER IN ORDER TO INVESTIGATE DOGS RUNNING AT LARGE ON THE PROPERTY
 AND TO PROVIDE THAT IF THE DOGS ARE DETERMINED TO BE FERAL DOGS AND ARE A
 THREAT TO THE HEALTH OR SAFETY OF LIVESTOCK, WILDLIFE, OR HUMANS, THE ANIMAL
 CONTROL OFFICERS MAY REMOVE THE FERAL DOGS FROM THE PROPERTY OR DISPOSE OF
 THEM IN THE MOST HUMANE MANNER AS DETERMINED BY THE OFFICERS; TO AMEND SECTION
 47-3-510, AS AMENDED, RELATING TO AN OWNER REGISTERING HIS DOG WITH THE
 DEPARTMENT OF NATURAL RESOURCES, SO AS TO DELETE THESE REGISTRATION PROVISIONS
 AND TO ALSO PROVIDE THAT SPORTING (HUNTING) DOGS ENGAGED IN TRACKING,
 RETRIEVING, OR FLUSHING ARE NOT CONSIDERED AT LARGE AND ARE NOT REQUIRED TO BE
 RESTRAINED BY A LEASH; TO AMEND SECTION 47-3-530, RELATING TO PENALTIES FOR
 STEALING OR KILLING IDENTIFIABLE DOGS, SO AS TO INCREASE THE MAXIMUM MONETARY
 PENALTIES FOR VIOLATION; TO ADD SECTION 47-3-545 SO AS TO PROVIDE THAT OWNERS
 OR HANDLERS OF SPORTING (HUNTING) DOGS MUST BE ALLOWED REASONABLE NOTICE AND
 AN OPPORTUNITY TO RETRIEVE SPORTING DOGS WHICH HAVE ENTERED ONTO LANDS OF
 ANOTHER WITHOUT CIVIL OR C

   04/14/04  House  Introduced and read first time HJ-93
   04/14/04  House  Referred to Committee on Agriculture, Natural
                     Resources and Environmental Affairs HJ-94

TO AMEND SECTION 47-3-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISPOSAL OR REMOVAL OF FERAL DOGS FROM CERTAIN PROPERTY, SO AS TO PROVIDE THAT COUNTY ANIMAL CONTROL OFFICERS MAY ENTER UPON STATE-OWNED OR MANAGED PROPERTY AND UPON PRIVATE PROPERTY AT THE REQUEST OF THE LANDHOLDER OR LEASEHOLDER IN ORDER TO INVESTIGATE DOGS RUNNING AT LARGE ON THE PROPERTY AND TO PROVIDE THAT IF THE DOGS ARE DETERMINED TO BE FERAL DOGS AND ARE A THREAT TO THE HEALTH OR SAFETY OF LIVESTOCK, WILDLIFE, OR HUMANS, THE ANIMAL CONTROL OFFICERS MAY REMOVE THE FERAL DOGS FROM THE PROPERTY OR DISPOSE OF THEM IN THE MOST HUMANE MANNER AS DETERMINED BY THE OFFICERS; TO AMEND SECTION 47-3-510, AS AMENDED, RELATING TO AN OWNER REGISTERING HIS DOG WITH THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO DELETE THESE REGISTRATION PROVISIONS AND TO ALSO PROVIDE THAT SPORTING (HUNTING) DOGS ENGAGED IN TRACKING, RETRIEVING, OR FLUSHING ARE NOT CONSIDERED AT LARGE AND ARE NOT REQUIRED TO BE RESTRAINED BY A LEASH; TO AMEND SECTION 47-3-530, RELATING TO PENALTIES FOR STEALING OR KILLING IDENTIFIABLE DOGS, SO AS TO INCREASE THE MAXIMUM MONETARY PENALTIES FOR VIOLATION; TO ADD SECTION 47-3-545 SO AS TO PROVIDE THAT OWNERS OR HANDLERS OF SPORTING (HUNTING) DOGS MUST BE ALLOWED REASONABLE NOTICE AND AN OPPORTUNITY TO RETRIEVE SPORTING DOGS WHICH HAVE ENTERED ONTO LANDS OF ANOTHER WITHOUT CIVIL OR CRIMINAL LIABILITY; TO REPEAL SECTION 47-3-320 RELATING TO TRAINING CONSERVATION OFFICERS TO REMOVE FERAL DOGS; TO REPEAL SECTION 50-1-20 RELATING TO THE DEFINITION OF HUNTERS AND HUNTING; AND TO REPEAL SECTION 50-11-780 RELATING TO DOGS ENGAGED IN HUNTING NOT REQUIRED TO BE LEASHED.

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

SECTION    1.    Section 47-3-310 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 47-3-310.    On game management areas, state-owned property and property of private landowners and leaseholders, at the request of such landowners and leaseholders, specially trained enforcement officers of the Natural Resources Enforcement Division of the Department of Natural Resources may enter on such areas and property for the purpose of investigating dogs running at large on the property. If the dogs are determined to be feral dogs (a dog which has reverted to a wild state) and are a threat to the lives or health of livestock, wildlife or humans, the enforcement officers may remove the feral dog from the property or dispose of it in the most humane manner as determined by the department. County animal control officers may enter upon state-owned or managed property and upon private property at the request of the landholder or leaseholder in order to investigate dogs running at large on the property. If the dogs are determined to be feral dogs, a dog which has reverted to a wild state, and are a threat to the health or safety of livestock, wildlife, or humans, the animal control officers may remove the feral dogs from the property or dispose of them in the most humane manner as determined by the officers."

SECTION    2.    Section 47-3-510 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 47-3-510.    The owner of any dog or kennel may, upon payment of a fee to be determined by the South Carolina Department of Natural Resources (department), not to exceed five dollars a dog or twenty dollars a kennel, have his dog registered by the department and the registration number tattooed in either of the dog's ears or on any other clearly visible part of the body that would be considered most suitable for the respective species of dog. The department shall maintain records of the names and addresses of the owners of registered kennels. Sporting (hunting) dogs engaged in tracking, retrieving, or flushing are not considered at large and are not required to be restrained by a leash."

SECTION    3.    Section 47-3-530 of the 1976 Code is amended to read:

"Section 47-3-530.    Any person stealing any positively identifiable dog is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars nor more than one ten thousand dollars or imprisoned for not less than thirty days nor more than six months, or both.

Any person killing any a dog when the owner may be identified by means of a collar bearing sufficient information or some other form of positive identification is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars nor more than one ten thousand dollars or imprisoned for not less than thirty days nor more than six months, or both. This paragraph does not apply to the killing of a dog threatening to cause or causing personal injury or property damage."

SECTION    4.    Chapter 3, Title 47 of the 1976 Code is amended by adding:

"Section 47-3-545.    Owners or handlers of sporting (hunting) dogs must be allowed reasonable notice and an opportunity to retrieve sporting dogs which have entered onto lands of another without civil or criminal liability."

SECTION    5.    Sections 47-3-320, 50-1-20, and 50-11-780 of the 1976 Code are repealed.

SECTION    6.    This act takes effect upon approval by the Governor.