Animal Cruelty and Care Act
Written by Hali Selert, Vice President of Eunoia Rescue On August 8, 2019 Governor Henry McMaster held a press conference to publicly sign in an animal welfare law, which he called “a great step forward.” While it is great that the South Carolina legislature has recognized that the animals of our state need protection, should we applaud this move and move on with our lives, or should we use it as a springboard to demand further protections for the voiceless members of our communities? The answer is that we must be louder in our efforts, and not back down because the government has thrown us a bone. The law, Senate Bill 105, or the “Animal Cruelty and Care Act” was initially passed in May, 2019, and became effective immediately. S.105 is broad and touches on a lot of the major points animal advocates have been calling for. I have an interesting perspective when reading the bill, as I am a recent graduate of the University of South Carolina School of Law, and I am also the Vice President of Eunoia Rescue. lowcountry dog 26
From a rescue perspective, I view the provisions regarding spaying and neutering one of the most important. One of the cornerstones of rescue organizations is preventing unwanted animals from entering the world, and the only way to prevent unwanted litters is simple: sterilization. Section 8 of the new law requires that a shelter or rescue organization have an animal sterilized before allowing the animal to leave their care. The alternative allows for the organization to have a written agreement with the adopter guaranteeing the animal will be sterilized within a specified period. Although this provision is nothing earth shattering or groundbreaking, and most shelters and rescues have had similar provisions already in place, what is important is that the law now specifies that the cost of the sterilization is on the person adopting, and that there are legally enforceable penalties for failure to comply. In the event an adopter fails to uphold their end of the contract, the shelter or rescue may demand the animal be returned, and also that the adopter pay $200. Despite some public perception, shelters and
