Current Status Introducing Body:Senate Bill Number:123 Ratification Number:463 Act Number:398 Primary Sponsor:McConnell Type of Legislation:GB Subject:Animals, terms revised regarding abandonment Date Bill Passed both Bodies:May 12, 1992 Computer Document Number:OLDVS/LIBX/2374 Governor's Action:S Date of Governor's Action:Jun 02, 1992 Introduced Date:Jan 08, 1991 Date of Last Amendment:May 05, 1992 Last History Body:------ Last History Date:Jun 02, 1992 Last History Type:Act No. 398 Scope of Legislation:Statewide All Sponsors:McConnell Giese Type of Legislation:General Bill
Bill Body Date Action Description CMN
---- ------ ------------ ------------------------------ ---
123 ------ Jun 02, 1992 Act No. 398
123 ------ Jun 02, 1992 Signed by Governor
123 ------ May 27, 1992 Ratified R 463
123 Senate May 12, 1992 Concurred in House amendment,
enrolled for ratification
123 House May 06, 1992 Read third time, returned to
Senate with amendment
123 House May 05, 1992 Amended, read second time
123 House Apr 16, 1992 Debate adjourned until
Monday, May 4, 1992
123 House Apr 01, 1992 Debate adjourned until
Thursday, April 16, 1992
123 House Apr 01, 1992 Amended
123 House Mar 31, 1992 Debate Adjourned until
Wednesday, April 1, 1992
123 House Mar 26, 1992 Debate adjourned until
Tuesday, March 31, 1992
123 House Mar 18, 1992 Committee Report: Favorable 20
with amendment
123 House Feb 04, 1992 Tabled in Committee 20
123 House Mar 14, 1991 Introduced, read first time, 20
referred to Committee
123 Senate Mar 13, 1991 Read third time, sent to House
123 Senate Mar 05, 1991 Amended, read second time
123 Senate Feb 28, 1991 Committee Report: Favorable 01
with amendment
123 Senate Jan 08, 1991 Introduced and read first 01
time, referred to Committee
123 Senate Sep 17, 1990 Prefiled, referred to 01
Committee
View additional legislative information at the LPITS web site.
(A398, R463, S123)
AN ACT TO AMEND SECTION 47-1-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRUELTY TO ANIMALS, SO AS TO DELETE THE OFFENSE OF CRUEL ABANDONMENT; TO AMEND SECTION 47-1-70, RELATING TO THE ABANDONMENT OF AN ANIMAL IN A PUBLIC PLACE, SO AS TO REVISE THE TERMS OF THE OFFENSE, DEFINE "ABANDONMENT" AND "NECESSITIES OF LIFE", INCREASE PENALTIES, AND PROVIDE AN EXEMPTION; AND TO AMEND THE 1976 CODE BY ADDING SECTION 47-1-200 SO AS TO PROVIDE REQUIREMENTS WHEN AN ANIMAL IS TRANSFERRED OR A DOG OR CAT UNDER EIGHT WEEKS OF AGE IS IMPORTED OR EXPORTED, AND FOR PENALTIES.
Be it enacted by the General Assembly of the State of South Carolina:
Offense of cruel abandonment of animals is deleted
SECTION 1. Section 47-1-50 of the 1976 Code is amended to read:
"Section 47-1-50. (A) An owner, a possessor, or a person having the charge or custody of an animal may not:
(1) cruelly drive or work it when unfit for labor;
(2) carry it, or cause it to be carried, in or upon a vehicle or otherwise in an unnecessarily cruel or inhuman manner; or
(3) knowingly or wilfully authorize or permit it to be subjected to unnecessary torture, suffering, or cruelty.
(B) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be punished for each offense in the manner prescribed in Section 47-1-40."
Revision of the offense of abandonment of animals; definitions; exception
SECTION 2. Section 47-1-70 of the 1976 Code is amended to read:
"Section 47-1-70. (A) A person may not abandon an animal. As used in this section `abandonment' is defined as deserting, forsaking, or intending to give up absolutely an animal without securing another owner or without providing the necessities of life. `Necessities of life' includes:
(1) adequate water which means a constant access to a supply of clean, fresh, and potable water provided in a suitable manner for the species at least once daily;
(2) adequate food which means provision at suitable intervals of quantities of wholesome foodstuff suitable for the species and age, sufficient to maintain a reasonable level of nutrition to allow for proper growth and weight;
(3) adequate shelter which means shelter that reasonably may be expected to protect the animal from physical suffering or impairment of health due to exposure to the elements or adverse weather.
(B) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred nor more than five hundred dollars or imprisoned not more than thirty days, or both. Offenses under this section must be tried in the magistrate's court.
(C) A hunting dog that is positively identifiable in accordance with Section 47-3-510 or Section 47-3-530 is exempt from this section."
Requirements for transfer of animals and importation or exportation of a dog or cat; penalties
SECTION 3. The 1976 Code is amended by adding:
"Section 47-1-200. (A) During transportation, an animal must not be confined in one area for more than twenty-four consecutive hours without being adequately exercised, rested, fed, and watered. The time may be extended reasonably when an act of God causes a delay. The animal must be provided adequate space and ventilation.
(B) A dog or cat under eight weeks of age must not be imported or exported without being accompanied by its dam.
(C) A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred nor more than five hundred dollars or imprisoned for not more than thirty days, or both."
Time effective
SECTION 4. This act takes effect upon approval by the Governor.
Approved the 2nd day of June, 1992.