Proposed S.C. bill would create financial accountability in animal cruelty cases

In South Carolina, when people are charged with cruelty to animals, it is often our municipal agencies, private shelters and rescue groups that pay the price. Because certain cruelty or fighting cases can take quite a long while to resolve or may involve large numbers of animals, these entities are often left to foot the bill for costs of care.  As such, these cases negatively impact these entities by blowing their budgets and taxing their already stretched resources.

To address this issue, South Carolina needs an effective and comprehensive COC law like HB 3682, now under consideration in the South Carolina legislature. These laws are not about creating new crimes or expanding law enforcement's authority. Instead, effective cost-of-care laws address the significant financial burden that falls on local agencies and taxpayers when animals are lawfully seized in cruelty or fighting cases. It's a burden that, morally and fiscally, should not be theirs to bear.

A majority of states have implemented effective COC laws, yet South Carolina remains on the sidelines with an ineffective cost-of-care law that negatively impacts taxpayers, law enforcement agencies, local animal shelters and rescues, and animals themselves.

As a humane advocate and professional, I have worked closely with several law enforcement agencies on animal crime cases, and I have seen the gravity of animal cruelty in our state. The link between animal cruelty and crimes against people is well-documented, and that’s one reason why we must treat animal welfare as a community safety issue.

Our current COC law falls short in addressing the financial cost of caring for animals seized in cruelty and fighting cases.  Animal crime cases are costly, and the financial strain affects the budgets and day-to-day operations of law enforcement agencies and animal shelters.  Effective COC laws shift financial responsibility to the animals’ owners, ensuring that they are held accountable.

Two recent cases help to demonstrate what is at stake. In Berkeley County, more than 30 animals were removed from a “petting zoo” due to cruelty – animals included kangaroos, horses, pigs, chickens, alpacas, goats, rabbits, and more.  Some animals died after the seizure despite efforts by rescuers due to their conditions.  The cost to the sanctuary that took the survivors rose to well over $10,000 per month, and the case went on for several months.

In a 2019 dogfighting case in Horry County, more than 30 dogs were seized and held until November 2021.

This case cost the county more than $300,000, and it received no reimbursement from the defendants.

The COC process proposed in this bill is straightforward and fair. Once animals were lawfully seized due to cruelty or fighting, the agency caring for them could request a hearing. If a judge determined the seizure was warranted, the owner would be required to either pay for the animals' care or relinquish them. This not only alleviates the financial impact on taxpayers and agencies but also expedites the animals' recovery and rehoming process.

COC laws include several layers of due-process protection, ensuring fairness and accountability. Owners have the right to challenge the legality of a seizure and the attempt to recover costs, with the duty of proof resting on the agency requesting reimbursement.

The impact of COC laws extends beyond fiscal benefits. By ensuring those who have harmed animals bear the cost of their actions, we can deter future cruelty and better protect our communities.

It's a stance that transcends political affiliations, uniting us in the common goal of justice and responsibility.

Janell Gregory is South Carolina state director for the Humane Society of the United States.