South Carolina General Assembly
114th Session, 2001-2002

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Bill 4968


Indicates Matter Stricken
Indicates New Matter


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


A BILL

TO AMEND SECTION 47-9-300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXPIRATION AND RENEWAL OF BRANDS, SO AS TO PROVIDE THAT A REGISTERED BRAND IS THE PROPERTY OF THE PERSON ADOPTING AND REGISTERING THE BRAND, HIS HEIRS AND ASSIGNS, UNTIL AND UNLESS THE BRAND IS CANCELLED OR REVOKED AS PROVIDED IN THIS ARTICLE; TO AMEND SECTION 47-9-340, RELATING TO CANCELLATION OF REGISTRATION, SO AS TO DELETE AN OBSOLETE PROVISION; AND TO REPEAL SECTIONS 47-9-310 AND 47-9-320 OF THE 1976 CODE.

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

SECTION    1.    Section 47-9-300 of the 1976 Code is amended to read:

    "Section 47-9-300.    On July 1, 1962, and on July first of every tenth year thereafter, the registration, certification and recording provided for in Sections 47-9-260 to 42-9-280 shall expire; but upon application filed within six months prior to the expiration of any term, the registration may be renewed for another term. Applications for renewal shall be accompanied by the same fee as is required for original applications. A certificate as provided for in Section 47-9-270 shall be issued upon each renewal, and the certificate shall again be recorded, and the fee shall be paid to the clerk of court as provided for in Section 47-9-280. A registered brand is the property of the person adopting and registering the brand, his heirs and assigns, until and unless the brand is cancelled or revoked as provided in this article."

SECTION    2.    Section 47-9-340 of the 1976 Code is amended to read:

    "Section 47-9-340.    The Secretary of State shall cancel the registration of any brand:

        (1)    At the written request of the owner; or

        (2)    Upon failure to renew the registration in accordance with the terms of this article; or

        (3)    Upon the order of any court of competent jurisdiction."

SECTION    3.    Sections 47-9-310 and 47-9-320 of the 1976 Code are repealed.

SECTION    4.    This act takes effect upon approval by the Governor.

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