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27Ratification Number: 102Act Number: 57Type of Legislation: General Bill GBIntroducing Body: SenateIntroduced Date: 19990112Primary Sponsor: LeventisAll Sponsors: LeventisDrafted Document Number: l:\council\bills\ggs\22021djc99.docDate Bill Passed both Bodies: 19990601Date of Last Amendment: 19990527Governor's Action: SDate of Governor's Action: 19990611Subject: Live animals, unlawful to offer as prize or inducement to enter contest, etc.; Animals, Agriculture, Crimes and OffensesHistory Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ ------ 19990702 Act No. A57 ------ 19990611 Signed by Governor ------ 19990609 Ratified R102 Senate 19990601 Ordered enrolled for ratification House 19990527 Conference Committee Report adopted 98 HCC Senate 19990527 Conference Committee Report adopted 88 SCC Senate 19990428 Conference powers granted, 88 SCC Leventis appointed Senators to Committee Jackson of Conference Waldrep House 19990427 Conference powers granted, 98 HCC Rhoad appointed Reps. to Committee of Loftis Conference Witherspoon House 19990427 Insists upon amendment Senate 19990422 Non-concurrence in House amendment House 19990421 Read third time, returned to Senate with amendment House 19990420 Amended, read second time House 19990414 Committee report: Favorable with 20 HANR amendment House 19990128 Introduced, read first time, 20 HANR referred to Committee Senate 19990127 Read third time, sent to House Senate 19990126 Read second time Senate 19990121 Committee report: Favorable 01 SANR Senate 19990112 Introduced, read first time, 01 SANR referred to Committee Senate 19981118 Prefiled, referred to Committee 01 SANR Versions of This Bill Revised on January 21, 1999 - Word format Revised on April 14, 1999 - Word format Revised on April 20, 1999 - Word format Revised on May 27, 1999 - Word format
(A57, R102, S27)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-1-210 SO AS TO MAKE IT UNLAWFUL TO GIVE AWAY A LIVE ANIMAL AS A PRIZE FOR, OR AS AN INDUCEMENT TO ENTER, ANY CONTEST, GAME, OR OTHER COMPETITION, OR AS AN INDUCEMENT TO ENTER A PLACE OF AMUSEMENT, OR AS AN INCENTIVE TO ENTER INTO ANY BUSINESS AGREEMENT IF THE OFFER MADE WAS FOR THE PURPOSE OF ATTRACTING TRADE, TO PROVIDE FOR LAWFUL AUCTIONS, RAFFLES, GIFTS, AND TESTING OF LIVE ANIMALS, TO PROVIDE FOR EXCEPTIONS AND OCCASIONS WHEN THE SECTION DOES NOT APPLY, AND TO PROVIDE FOR PENALTIES.
Be it enacted by the General Assembly of the State of South Carolina:
Unlawful to give away live animals as prizes; exceptions; penalties
SECTION 1. The 1976 Code is amended by adding:
"Section 47-1-210. (A) It is unlawful to give away a live animal including, but not limited to, a fish, bird, fowl, or reptile, as a prize for, or as an inducement to enter, any contest, game, or other competition, or as an inducement to enter a place of amusement, or for these species to be used as an incentive to enter into any business agreement if the offer made was for the purpose of attracting trade.
(B) Nothing in this section may be construed to prohibit an auction or raffle of a live animal including, but not limited to, a fish, bird, fowl, or reptile. Further, the giving away or the testing of game or fowl for breeding purposes only is lawful and is not prohibited by this section as an incentive to enter into a business agreement if the person giving away or testing game or fowl is engaged in that trade.
(C) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be punished for each separate offense by a fine not to exceed three hundred dollars or imprisonment not to exceed thirty days, or both.
(D) This section does not apply when a live animal is given away as follows:
(1) by individuals or organizations operating in conjunction with a cooperative extension education program or agricultural vocational program sanctioned by the State Department of Education or local school districts;
(2) by individuals or organizations operating in conjunction with field trials approved by the Department of Natural Resources; or
(3) by kennels that advertise in national publications in regard to dogs that are registered with the United Kennel Club or the American Kennel Club."
SECTION 2. This act takes effect upon approval by the Governor.
Ratified the 9th day of June, 1999.
Approved the 11th day of June, 1999.
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