South Carolina General Assembly
112th Session, 1997-1998

Bill 276


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                    276
Type of Legislation:            General Bill GB
Introducing Body:               Senate
Introduced Date:                19970130
Primary Sponsor:                Leventis
All Sponsors:                   Leventis, Reese, McConnell,
                                Glover, Ravenel, Rose, O'Dell, Courson,
                                Russell, Giese, Hutto, Passailaigue and
                                Ryberg 
Drafted Document Number:        bbm\9078jm.97
Companion Bill Number:          3927
Residing Body:                  House
Current Committee:              Agriculture, Natural Resources
                                & Environmental Affairs Com 20
                                HANR
Subject:                        Live animals, unlawful to give
                                away as prize or inducement to enter
                                contest; Animals

History

Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

House   19980514  Committed to Committee                   20 HANR
House   19980513  Debate adjourned until
                  Thursday, 19980514
House   19980513  Request for debate by Representative
                                                                   Fleming
                                                                   Littlejohn
House   19980512  Debate adjourned until
                  Wednesday, 19980513
House   19980507  Committee report: Favorable with         25 HJ
                  amendment
House   19980302  Introduced, read first time,             25 HJ
                  referred to Committee
Senate  19980226  Read third time, sent to House
Senate  19980224  Read second time
Senate  19970306  Committee report: Favorable              01 SANR
Senate  19970130  Introduced, read first time,             01 SANR
                  referred to Committee


View additional legislative information at the LPITS web site.


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

COMMITTEE REPORT

May 7, 1998

S. 276

Introduced by Senators Leventis, Reese, McConnell, Glover, Ravenel, Rose, O'Dell, Courson, Russell, Giese, Hutto, Passailaigue and Ryberg

S. Printed 5/7/98--H.

Read the first time March 2, 1998.

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (S. 276), 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, etc., respectfully

REPORT:

That they have duly and carefully considered the same, and recommend that the same do pass with amendment:

Amend the bill, as and if amended, Section 47-1-210(A), as contained in SECTION 1, page 1, line 31, by inserting / to be used / between /species/ and /as/. Section 47-1-210(A), when amended, shall read:

/(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./

Amend further, by striking Section 47-1-210(B), as contained in SECTION 1, lines 33 through 35 on page 1, and inserting:

/(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 shall be deemed 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./

Amend title to conform.

JAMES H. HARRISON, for Committee.

A BILL

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, AND PROVIDE FOR PENALTIES, EXCEPTIONS, AND RELATED MATTERS.

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

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 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.

(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.

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