South Carolina’s two-year legislative session adjourned on May 9, 2024, and this week Governor Henry McMaster signed into law two bills that affect dogs and dog owners:
House Bill 4611 makes it an offense for a person to intentionally remove or destroy an electronic collar or other electronic device that was placed on a dog by its owner. The American Kennel Club (AKC) supported this legislation, which was signed by Governor McMaster on May 20, 2024, and took effect immediately.
House Bill 3682 problematically expands the process whereby a court may require the owner of animals seized on suspicion of an animal cruelty offense to deposit each month with the court the anticipated costs of seizure and care of the animals. Failure to pay and continue paying these costs can result in forfeiture of the animals absent any finding of guilt. AKC Government Relations (GR) sent letters of concern regarding the original bill (filed in 2023) and recommended amendatory language.
The bill was positively amended to provide that if the animal owner is adjudicated not guilty of all charges related to the animal seizure or all charges are dismissed not pursuant to plea negotiations or an intervention program, the owner shall receive from the agency a refund of all costs. The bill was additionally amended to provide that the court may award interest on the amount refunded to the owner, and the court may reduce the amount an owner is required to pay if the owner is indigent.
However, this legislation remains overreaching in that an animal may be seized absent an arrest, the owner may be required to remit costs of care even when the owner is not the defendant or charged with a crime, and the requirement to remit costs is determined via a civil hearing limited to whether probable cause existed to seize the animal. H 3682 was signed by the Governor on May 21, 2024, and took effect immediately.
Get Prepared for Fall Elections and the 2025-2026 South Carolina Legislative Session
2024 is an election year, and it is important that candidates who support responsible dog owners are elected. Encourage fellow dog owners to register to vote. Get to know candidates for office, learn about their positions on animal issues, and support dog-friendly candidates for seats in the South Carolina state legislature.
As often happens, bills could be redrafted and refiled for the 2025-2026 session. Take time now to prepare for advocacy. Meet with your state senator and representative in your district and let them know that you, your AKC club, and AKC GR are reliable and knowledgeable resources on dog issues.
Stay Informed
By working together, we can protect our rights to own, exhibit, breed, and enjoy the dogs we love by offering support for good legislation and opposition to problematic bills. View AKC’s Legislative Action Center at www.akcgr.org where you can find information on key issues affecting dogs and access downloadable fact sheets and advocacy resources.
For information and assistance, email doglaw@akc.org.