S 1294 General Bill, By Land and Courtney
 A Bill to amend Section 29-15-60, Code of Laws of South Carolina, 1976,
 relating to the stable or kennel keeper's lien for the upkeep, rest, and
 training of a horse or dog, so as to provide that the lien is enforced by
 proceedings in magistrate's court, to provide for the procedure for enforcing
 the lien, including the requirement for a hearing before an animal may be
 ordered sold at auction, to provide that the expenses of the sale which may be
 recovered include attorney's fees, to reduce from sixty to thirty days the
 time after which notice is given to the owner before a stable or kennel keeper
 may act to enforce the lien, to provide that the lien granted by this Section
 extends to the animal's registration certificate, and to require the officer
 conducting the auction sale to issue the purchaser a notarized bill of sale
 which entitles the new owner to possession plus any breed registration
 certificate for the animal.

   02/12/92  Senate Introduced and read first time SJ-4
   02/12/92  Senate Referred to Committee on Judiciary SJ-4

A BILL

TO AMEND SECTION 29-15-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STABLE OR KENNEL KEEPER'S LIEN FOR THE UPKEEP, REST, AND TRAINING OF A HORSE OR DOG, SO AS TO PROVIDE THAT THE LIEN IS ENFORCED BY PROCEEDINGS IN MAGISTRATE'S COURT, TO PROVIDE FOR THE PROCEDURE FOR ENFORCING THE LIEN, INCLUDING THE REQUIREMENT FOR A HEARING BEFORE AN ANIMAL MAY BE ORDERED SOLD AT AUCTION, TO PROVIDE THAT THE EXPENSES OF THE SALE WHICH MAY BE RECOVERED INCLUDE ATTORNEY'S FEES, TO REDUCE FROM SIXTY TO THIRTY DAYS THE TIME AFTER WHICH NOTICE IS GIVEN TO THE OWNER BEFORE A STABLE OR KENNEL KEEPER MAY ACT TO ENFORCE THE LIEN, TO PROVIDE THAT THE LIEN GRANTED BY THIS SECTION EXTENDS TO THE ANIMAL'S REGISTRATION CERTIFICATE, AND TO REQUIRE THE OFFICER CONDUCTING THE AUCTION SALE TO ISSUE THE PURCHASER A NOTARIZED BILL OF SALE WHICH ENTITLES THE NEW OWNER TO POSSESSION PLUS ANY BREED REGISTRATION CERTIFICATE FOR THE ANIMAL.

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

SECTION 1. Section 29-15-60 of the 1976 Code is amended to read:

"Section 29-15-60. A stable or kennel keeper shall have a lien upon any horse or dog which is left with him for upkeep, rest and training until the cost of the upkeep, rest and training has been paid by the owner of the horse or dog. The owner of the horse or dog shall also be responsible for payment of the cost of upkeep, rest and training of the horse or dog after notice of the lien. If the owner of the horse or dog has not paid the cost of upkeep, rest and training of the horse or dog after actual notice of the lien within sixty days of such notice, the stable or kennel keeper may sell the horse or dog after having advertised the time and place of the sale in a newspaper having general circulation in the county wherein the stable or kennel is located at least fifteen days before the sale is to be held. After the sale of the horse or dog the stable or kennel keeper may deduct the cost of the upkeep, rest and training of the horse or dog before and after date of the notice of the lien, plus all expenses incurred from the advertising and sale provided in this section, and shall submit the balance of the proceeds of the sale to the previous owner of the horse or dog.

A stable or kennel keeper has a lien on a horse or dog which is left with him for upkeep, rest, and training until the cost of the upkeep, rest, and training has been paid by the animal's owner. The animal's owner is also responsible for payment of the cost of upkeep, rest, and training after notice of the lien. If the animal is a registered breed, the lien also attaches to the registration certificate. If the animal's owner has not paid the amount due within thirty days of receiving actual notice of the lien, the stable or kennel keeper in whose favor the lien exists may proceed to enforce the lien by filing an affidavit in the magistrate's court in the county in which the stable or kennel is located which states the amount due and describes the animal subject to the lien. The court shall issue a warrant directed to the sheriff or a constable authorizing him to levy upon and seize the animal for the amount due with interest and costs. Notice of the warrant and levy must be issued by the court and delivered to the levying officer for delivery to the owner.

Within ten days following delivery of the notice of warrant and levy to the owner, the magistrate shall order a hearing to determine the amount due with costs and interest. If at the hearing the animal's owner fails to pay the amount due plus interest and costs, including attorney's fees, then the constable or sheriff may sell the animal at public auction to the highest bidder for cash at a designated place of sale after posting a notice of the time and place of the sale on the premises where the animal is situated and after having advertised by a single notice the time and place of the sale in a newspaper having general circulation in the county in which the stable or kennel is located at least fifteen days before the sale. After the sale, the stable or kennel keeper may deduct the cost of the upkeep, rest, and training of the animal before and after date of the notice of the lien, plus interest and costs, including attorney's fees and submit the balance of the proceeds of the sale to the animal's previous owner. The officer conducting the sale shall issue a notarized bill of sale to the animal's purchaser at the sale, and this bill of sale entitles the new owner to receipt and possession of any breed registration certificate for the animal held by the previous owner."

SECTION 2. This act takes effect upon approval by the Governor.