South Carolina General Assembly
109th Session, 1991-1992

Bill 3656


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Introducing Body:               House
Bill Number:                    3656
Primary Sponsor:                J. Bailey
Committee Number:               20
Type of Legislation:            GB
Subject:                        Pet to be examined before dealer
                                may sell
Residing Body:                  House
Current Committee:              Agriculture, Natural Resources, and
                                Environmental Affairs
Companion Bill Number:          142
Computer Document Number:       NO5/7325.BD
Introduced Date:                Mar 07, 1991
Last History Body:              House
Last History Date:              Mar 07, 1991
Last History Type:              Introduced, read first time,
                                referred to Committee
Scope of Legislation:           Statewide
All Sponsors:                   J. Bailey
Type of Legislation:            General Bill



History


 Bill  Body    Date          Action Description              CMN
 ----  ------  ------------  ------------------------------  ---
 3656  House   Mar 07, 1991  Introduced, read first time,    20
                             referred to Committee

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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-13-160 SO AS TO REQUIRE A PET DEALER AND PET SHOP OWNER TO PROVIDE AN ANIMAL BUYER WITH A STATEMENT FROM A LICENSED VETERINARIAN THAT THE ANIMAL HAS BEEN EXAMINED AND IS FREE OF DISEASE AND DEFORMITY, PROVIDE REMEDIES, AND DEFINE TERMS.

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

SECTION 1. The 1976 Code is amended by adding:

"Section 47-13-160. (A) A pet dealer and pet shop owner may not sell an animal without providing the buyer with a statement from a licensed veterinarian that the animal has been examined and is free of disease and deformity.

(B) If a dealer or owner fails to comply with the provisions of this section, the buyer may return the animal and receive a refund of his payment within twelve months of the sale.

(C) If the seller refuses to refund the buyer's payment pursuant to subsection (B), the buyer may institute an action in his name to recover damages. The court, upon a finding that the seller violated the provisions of this section, shall award the buyer three times the amount of the payment, attorney's fees as determined by the court, and costs.

(D) As used in this section:

(1) `Pet dealer' is a person engaged in the ordinary course of business and sale to the public for profit of an animal described as being registered or being capable of being registered with an animal pedigree organization.

(2) `Pet shop' means an establishment where companion animals are bought, sold, exchanged, or offered for sale or exchange to the public."

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

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