H 3256 General Bill, By Harvin
 A Bill to amend Sections 47-1-100, 47-1-120, 47-1-140, and 47-1-170, Code of
 Laws of South Carolina, 1976, relating to cruelty to animals, so as to provide
 for the owner or person having charge or custody of an animal cruelly used to
 forfeit ownership, charge, or custody of the animal and revise the provisions
 requiring the owner or person to pay costs to care for the animal and related
 expenses.

   01/17/91  House  Introduced and read first time HJ-16
   01/17/91  House  Referred to Committee on Agriculture, Natural
                     Resources and Environmental Affairs HJ-16

A BILL

TO AMEND SECTIONS 47-1-100, 47-1-120, 47-1-140, AND 47-1-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRUELTY TO ANIMALS, SO AS TO PROVIDE FOR THE OWNER OR PERSON HAVING CHARGE OR CUSTODY OF AN ANIMAL CRUELLY USED TO FORFEIT OWNERSHIP, CHARGE, OR CUSTODY OF THE ANIMAL AND REVISE THE PROVISIONS REQUIRING THE OWNER OR PERSON TO PAY COSTS TO CARE FOR THE ANIMAL AND RELATED EXPENSES.

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

SECTION 1. 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 properly during such the rest by the owner or person having the custody thereof or, in case of his default in so doing, then by. If he does not feed, water, or shelter the animals, the railroad company transporting such animals them shall, at the expense of the owner or person in having custody thereof; and the company shall, in such case, have a lien upon such animals for food, care and custody furnished and shall. The company is not be liable for any detention of such the animals."

SECTION 2. 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 arrest, in charge of any an animal or any a vehicle drawn by or containing any an animal, any an agent of the South Carolina Society for the Prevention of Cruelty to Animals, or of any a society incorporated for that purpose, may take charge of such the animal and of such vehicle and its contents and deposit them in a safe place of custody or deliver them into the possession of the police or sheriff of the county or place wherein in which the arrest was made, who shall thereupon assume the custody thereof; and all necessary expenses incurred in taking charge of such property shall be a lien thereon."

SECTION 3. 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 a lien on the animals for the expense of such care and provision. But if such person making the arrest be an agent of the South Carolina Society for the Prevention of Cruelty to Animals, or other society incorporated for that purpose, the provisions of Section 47-1-120 shall apply in lieu of the provisions of this section."

SECTION 4. 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 which is the subject of a violation of this chapter forfeits ownership, charge, or custody of the animal and at the discretion of the court may be ordered to pay costs incurred to care for the animal and related expenses including, but not limited to, the expenses incurred pursuant to Sections 47-1-100, 47-1-120, and 47-1-140."

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