H*3447(Rat #0469, Act #0382 of 1996)  General Bill, By Sharpe
 A Bill to amend Sections 47-3-730 and 47-3-760, as amended, Code of Laws of
 South Carolina, 1976, relating to the restraint of dangerous animals and
 penalties, so as to revise the requirements of restraint, to authorize the use
 of a security bond in the registration of dangerous animals, and to expand
 offenses to which penalties apply; and to amend Section 47-3-750, as amended,
 relating to seizure and impoundment of dangerous animals, so as to authorize
 various animal control officers to seize and impound such animals.-amended
 title

   02/01/95  House  Introduced and read first time HJ-11
   02/01/95  House  Referred to Committee on Agriculture, Natural
                     Resources and Environmental Affairs HJ-11
   02/22/95  House  Committee report: Favorable Agriculture, Natural
                     Resources and Environmental Affairs HJ-2
   02/23/95  House  Read second time HJ-17
   02/23/95  House  Unanimous consent for third reading on next
                     legislative day HJ-18
   02/24/95  House  Read third time and sent to Senate HJ-1
   02/28/95  Senate Introduced and read first time SJ-12
   02/28/95  Senate Referred to Committee on Agriculture and Natural
                     Resources SJ-12
   04/04/96  Senate Committee report: Favorable with amendment
                     Agriculture and Natural Resources SJ-19
   05/21/96  Senate Amended SJ-25
   05/21/96  Senate Read second time SJ-25
   05/22/96  Senate Read third time and returned to House with
                     amendments SJ-16
   05/28/96  House  Concurred in Senate amendment and enrolled HJ-100
   05/30/96         Ratified R 469
   06/04/96         Signed By Governor
   06/04/96         Effective date 06/04/96
   06/17/96         Copies available
   06/17/96         Act No. 382

AN ACT TO AMEND SECTIONS 47-3-730 AND 47-3-760, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RESTRAINT OF DANGEROUS ANIMALS AND PENALTIES, SO AS TO REVISE THE REQUIREMENTS OF RESTRAINT, TO AUTHORIZE THE USE OF A SECURITY BOND IN THE REGISTRATION OF DANGEROUS ANIMALS, AND TO EXPAND OFFENSES TO WHICH PENALTIES APPLY; AND TO AMEND SECTION 47-3-750, AS AMENDED, RELATING TO SEIZURE AND IMPOUNDMENT OF DANGEROUS ANIMALS, SO AS TO AUTHORIZE VARIOUS ANIMAL CONTROL OFFICERS TO SEIZE AND IMPOUND SUCH ANIMALS.

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

Restraint of dangerous animals

SECTION 1. Section 47-3-730 of the 1976 Code, as last amended by Act 374 of 1992, is further amended to read:

"Section 47-3-730. No person owning or harboring or having the care of a dangerous animal may permit the animal to go beyond his premises unless the animal is safely restrained and the requirements of Section 47-3-760(E) are met."

Registration of dangerous animals

SECTION 2. Section 47-3-760(E) of the 1976 Code, as last amended by Act 374 of 1992, is further amended to read:

"(E) A person owning a dangerous animal shall register the animal with the local law enforcement authority of the county in which the owner resides. The requirements of the registration must be determined by the county governing body. However, the registration application must be accompanied by proof of liability insurance or surety bond of at least fifty thousand dollars insuring or securing the owner for personal injuries inflicted by the dangerous animal. The county governing body shall provide to the owner registering the dangerous animal a metal license tag and a certificate. The metal license tag at all times must be attached to a collar or harness worn by the dangerous animal for which the certificate and tag have been issued."

Seizure and impoundment of dangerous animals

SECTION 3. Section 47-3-750 of the 1976 Code, as last amended by Act 374 of 1992, is further amended to read:

"Section 47-3-750. (A) If a law enforcement agent, animal control officer, or animal control officer under contract with a county or municipal government to provide animal control services has probable cause to believe that a dangerous animal is being harbored or cared for in violation of Section 47-3-720 or 47-3-740 or 47-3-760(E), the agent or officer may petition the court having jurisdiction to order the seizure and impoundment of the dangerous animal while the trial is pending.

(B) If a law enforcement agent, animal control officer, or animal control officer under contract with a county or municipal government to provide animal control services has probable cause to believe that a dangerous animal is being harbored or housed in violation of Section 47-3-730, the agent or officer may seize and impound the dangerous animal while the trial is pending."

Penalties

SECTION 4. Section 47-3-760(B) of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:

"(B) A person who is the owner of a dangerous animal which attacks and injures a human being in violation of Section 47-3-710(A)(2)(a) or a person who violates Section 47-3-740:

(1) for a first offense, is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than three years;

(2) for a second or subsequent offense, is guilty of a felony and, upon conviction, must be fined not more than ten thousand dollars or imprisoned not more than five years."

Time effective

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

Approved the 4th day of June, 1996.