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TO EXPRESS THE INTENT OF THE GENERAL ASSEMBLY THAT BY ENACTING ACT 345 OF 2006, THE GENERAL ASSEMBLY RETAINED THE EXCEPTION TO THE "ANIMAL FIGHTING AND BAITING ACT" REGARDING DOGS USED FOR HUNTING OR IN FIELD TRIALS, AND DID NOT INCLUDE THE USE OF THOSE DOGS WITHIN THE MEANING OF "HOG-DOG FIGHTS".
Whereas, the South Carolina General Assembly amended Section 16-27-80 of the "Animal Fighting and Baiting Act" by Act 345 of 2006 to make unlawful those events commonly known as "hog-dog fights", "hog-dog rodeos", or "hog-dogging" in which bets are placed, or cash, points, titles, trophies, or other awards are given based primarily on the ability of a dog to catch a hog using physical contact in the controlled environment of an enclosure; and
Whereas, there has been some issue as to whether the General Assembly, by enacting Act 345 of 2006, intended to also make unlawful the use of dogs for hunting or in field trials, including events commonly known as "water races", "treeing contests", "coon-on-a-log", "bear-baying", or "fox- pen-trials"; and
Whereas, Section 16-27-80(A) provides that the "Animal Fighting and Baiting Act" does not apply to dogs used for hunting, including, but not limited to, hunting on shooting preserves or wildlife management areas authorized pursuant to Title 50, or to dogs in field trials, including events commonly known as "water races", "treeing contests", "coon-on-a-log", "bear-baying", or "fox-pen-trials"; and
Whereas, the General Assembly, by enacting Act 345 of 2006, did not amend Section 16-27-80(A) to remove the exception to the "Animal Fighting and Baiting Act" that allows for the lawful use of dogs for hunting and field trials; and
Whereas, the General Assembly, by enacting Act 345 of 2006, added Section 16-27-80(B), which only applies to events in which bets are placed, or cash, points, titles, trophies, or other awards are given based primarily on the ability of a dog to catch a hog using physical contact in the controlled environment of an enclosure; and
Whereas, the lawful use of dogs for hunting and field trials does not include events in which bets are placed, or cash, points, titles, trophies, or other awards are given based primarily on the ability of a dog to catch a hog using physical contact in the controlled environment of an enclosure. Now, therefore,
Be it resolved by the South Carolina General Assembly:
That the members of the General Assembly of the State of South Carolina, by this resolution, express the intent of the General Assembly that by enacting Act 345 of 2006, the General Assembly retained the exception to the "Animal Fighting and Baiting Act" regarding dogs used for hunting or in field trials, and did not include the use of those dogs within the meaning of "hog-dog fights".
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