South Carolina General Assembly
118th Session, 2009-2010

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A56, R87, H3013

STATUS INFORMATION

General Bill
Sponsors: Reps. Limehouse, Parker and Toole
Document Path: l:\council\bills\bbm\9000htc09.docx

Introduced in the House on January 13, 2009
Introduced in the Senate on April 1, 2009
Last Amended on March 31, 2009
Passed by the General Assembly on May 21, 2009
Became law without Governor's signature, June 3, 2009

Summary: Animal enclosures

HISTORY OF LEGISLATIVE ACTIONS 

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   12/9/2008  House   Prefiled
   12/9/2008  House   Referred to Committee on Judiciary
   1/13/2009  House   Introduced and read first time HJ-21
   1/13/2009  House   Referred to Committee on Judiciary HJ-22
   3/25/2009  House   Committee report: Favorable with amendment Judiciary HJ-7
   3/31/2009  House   Amended HJ-68
   3/31/2009  House   Read second time HJ-69
    4/1/2009  House   Read third time and sent to Senate HJ-32
    4/1/2009          Scrivener's error corrected
    4/1/2009  Senate  Introduced and read first time SJ-12
    4/1/2009  Senate  Referred to Committee on Judiciary SJ-12
   4/16/2009  Senate  Referred to Subcommittee: Knotts (ch), Massey, Coleman
   5/13/2009  Senate  Committee report: Favorable with amendment Judiciary 
                        SJ-12
   5/19/2009  Senate  Committee Amendment Adopted SJ-24
   5/19/2009  Senate  Read second time SJ-24
   5/20/2009  Senate  Read third time and returned to House with amendments 
                        SJ-61
   5/21/2009  House   Concurred in Senate amendment and enrolled HJ-48
   5/21/2009  House   Roll call Yeas-104  Nays-0 HJ-48
   5/27/2009          Ratified R 87
    6/3/2009          Became law without Governor's signature
   6/11/2009          Effective date 06/03/09
   6/12/2009          Act No. 56

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

12/9/2008
3/25/2009
3/31/2009
4/1/2009
5/13/2009
5/19/2009

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

(A56, R87, H3013)

AN ACT TO AMEND SECTION 16-11-650, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF REMOVING OR DESTROYING FENCES, GATES, OR OTHER BARRIERS ENCLOSING ANIMALS, CROPS, OR UNCULTIVATED LANDS, SO AS TO REVISE THE ELEMENTS OF THE OFFENSE, INCREASE PENALTIES FOR VIOLATIONS, PROVIDE FOR THE RIGHTS OF EASEMENT HOLDERS, AND TO VEST JURISDICTION TO HEAR AND DISPOSE OF THIS OFFENSE IN MAGISTRATES COURT.

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

Penalty increased, jurisdiction

SECTION    1.    Section 16-11-650 of the 1976 Code is amended to read:

"Section 16-11-650.        (A)    A person, other than the owner or a person acting under the authority of the owner, who wilfully and knowingly removes, destroys, or leaves down any portion of a fence in this State intended to enclose animals of any kind or crops or uncultivated lands or who wilfully and knowingly leaves open or removes a gate or leaves down bars or other structure intended for the same purpose is guilty of a misdemeanor and must be punished by a fine of one thousand dollars or imprisonment for thirty days, or both.

(B)    The magistrates court is vested with jurisdiction to hear and dispose of these cases.

(C)    Nothing in this section shall affect an easement holder's right and ability to maintain such easement and rights of way consistent with the provisions of the document granting such easement."

Savings clause

SECTION    2.    The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

Time effective

SECTION    3.    This act takes effect upon approval by the Governor.

Ratified the 27th day of May, 2009.

Became law without the signature of the Governor -- 6/3/09.

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This web page was last updated on Wednesday, February 3, 2010 at 2:12 P.M.