H*3452(Rat #0037, Act #0022 of 1995)  General Bill, By Riser, J. Hines, 
Inabinett, Rhoad and Witherspoon
 A Bill to amend Section 47-4-10, Code of Laws of South Carolina, 1976,
 relating to the Livestock-Poultry Health Commission, so as to revise the
 provisions executed by the Commission; to amend Section 47-4-20, relating to
 definitions pertaining to the Commission, so as to revise the definition of
 "public livestock market"; to amend Section 47-4-50, relating to diseases
 impacting the livestock-poultry industry, so as to clarify a reference to
 federal regulations; to amend Section 47-4-60, relating to requirements for
 certificates of veterinary inspection, so as to correct punctuation; to amend
 Section 47-4-110, relating to Commission employees, so as to revise the
 maximum number livestock law enforcement officers; to amend Section 47-4-130,
 relating to penalties for violations, so as to increase the fine; to amend
 Section 47-11-140, as amended, relating to veterinarians serving auction sales
 at public livestock markets, so as to revise the requirements for provision of
 service by veterinarians; and to amend Section 47-13-30, as amended, relating
 to penalties for violations, so as to correct a reference in the 1976 Code.

   02/01/95  House  Introduced and read first time HJ-12
   02/01/95  House  Referred to Committee on Agriculture, Natural
                     Resources and Environmental Affairs HJ-13
   02/22/95  House  Committee report: Favorable Agriculture, Natural
                     Resources and Environmental Affairs HJ-2
   02/23/95  House  Read second time HJ-17
   02/23/95  House  Unanimous consent for third reading on next
                     legislative day HJ-19
   02/24/95  House  Read third time and sent to Senate HJ-1
   02/28/95  Senate Introduced and read first time SJ-12
   02/28/95  Senate Referred to Committee on Agriculture and Natural
                     Resources SJ-12
   03/16/95  Senate Committee report: Favorable Agriculture and
                     Natural Resources SJ-14
   03/22/95  Senate Read second time SJ-10
   03/22/95  Senate Ordered to third reading with notice of
                     amendments SJ-10
   03/23/95  Senate Read third time and enrolled SJ-13
   03/30/95         Ratified R 37
   04/04/95         Signed By Governor
   04/04/95         Effective date 04/04/95
   05/09/95         Copies available
   05/09/95         Act No. 22

AN ACT TO AMEND SECTION 47-4-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIVESTOCK-POULTRY HEALTH COMMISSION, SO AS TO REVISE THE PROVISIONS EXECUTED BY THE COMMISSION; TO AMEND SECTION 47-4-20, RELATING TO DEFINITIONS PERTAINING TO THE COMMISSION, SO AS TO REVISE THE DEFINITION OF "PUBLIC LIVESTOCK MARKET"; TO AMEND SECTION 47-4-50, RELATING TO DISEASES IMPACTING THE LIVESTOCK-POULTRY INDUSTRY, SO AS TO CLARIFY A REFERENCE TO FEDERAL REGULATIONS; TO AMEND SECTION 47-4-60, RELATING TO REQUIREMENTS FOR CERTIFICATES OF VETERINARY INSPECTION, SO AS TO CORRECT PUNCTUATION; TO AMEND SECTION 47-4-110, RELATING TO COMMISSION EMPLOYEES, SO AS TO REVISE THE MAXIMUM NUMBER OF LIVESTOCK LAW ENFORCEMENT OFFICERS; TO AMEND SECTION 47-4-130, RELATING TO PENALTIES FOR VIOLATIONS, SO AS TO INCREASE THE FINE; TO AMEND SECTION 47-11-140, AS AMENDED, RELATING TO VETERINARIANS SERVING AUCTION SALES AT PUBLIC LIVESTOCK MARKETS, SO AS TO REVISE THE REQUIREMENTS FOR PROVISION OF SERVICE BY VETERINARIANS; AND TO AMEND SECTION 47-13-30, AS AMENDED, RELATING TO PENALTIES FOR VIOLATIONS, SO AS TO CORRECT A REFERENCE IN THE 1976 CODE.

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

Provisions executed by Livestock-Poultry Health Commission

SECTION 1. Section 47-4-10 of the 1976 Code, as added by Act 362 of 1994, is amended to read:

"Section 47-4-10. The State Livestock-Poultry Health Commission is established to execute this chapter, Chapter 6, Article 1 of Chapter 11, Chapter 13, except Sections 47-13-70 and 47-13-80, Chapter 15, Article 1 of Chapter 17, and Chapter 19 of Title 47 and other duties and responsibilities assigned by law. The commission consists of no less than three members of the Agricultural, Natural Resources and Environmental Affairs Committee, or its successor, of the Clemson University Board of Trustees, as designated by the board."

Definition revised

SECTION 2. Section 47-4-20(11) of the 1976 Code, as added by Act 362 of 1994, is amended to read:

"(11) `Public livestock market' means livestock auction markets, public livestock assembly pens, stockyards, dealers in livestock, cooperative or buying stations, fairs, expositions, livestock shows, or other public places where livestock is assembled for purposes of sale, show, exchange, breeding, or barter and where the assembled livestock has more than one owner. The market may handle one or more species of livestock according to the terms of the permit. It does not include equine sales facilities or retail pet stores."

Reference to federal regulations clarified

SECTION 3. Section 47-4-50 of the 1976 Code, as added by Act 362 of 1994, is amended to read:

"Section 47-4-50. The commission may promulgate regulations listing those communicable, contagious, or infectious diseases which, if not properly controlled, may have a serious adverse impact upon the livestock-poultry industry of the State. Persons shall report the suspected existence of these diseases and the diseases listed by Section 71, Title 9, Code of Federal Regulations, to the State Veterinarian within forty-eight hours after discovery."

Punctuation corrected

SECTION 4. Section 47-4-60(B)(3) of the 1976 Code, as added by Act 362 of 1994, is amended to read:

"(3) permanent identification including, but not limited to, tag, tattoo, brand, leg band, registration name, or number;"

Number of enforcement officers revised

SECTION 5. Section 47-4-110(B) of the 1976 Code, as added by Act 362 of 1994, is amended to read:

"(B) In addition to the other inspectors employed by the commission, it may employ a maximum of six livestock law enforcement officers who must be commissioned by the Governor upon the recommendation of the commission. The commission may remove an officer if it finds he is unfit for that position. The officer shall possess and exercise all of the powers and authority held by constables at common law, and while acting in their official capacity, they have statewide authority for the enforcement of all laws entrusted to the commission."

Fine increased

SECTION 6. Section 47-4-130(A) of the 1976 Code, as added by Act 362 of 1994, is amended to read:

"(A) A person violating this chapter or another chapter or section of Title 47 assigned to the jurisdiction of the commission or related regulations is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days for a first offense and in the discretion of the court for a second offense."

Requirements for veterinarians revised

SECTION 7. Section 47-11-140 of the 1976 Code, as amended by Act 362 of 1994, is further amended to read:

"Section 47-11-140. The commission may provide the service of competent veterinarians to attend auction sales at the various public livestock markets on the day of the sale. The costs, exclusive of the pay of a veterinarian provided by the commission, of all tests, serums, vaccine, treatments, and labor furnished by the livestock auction market necessary for the enforcement of this chapter and the protection of livestock against contagious and infectious diseases must be paid for by the buyer of the livestock, and the costs constitute a lien against the animals."

Reference corrected

SECTION 8. Section 47-13-30 of the 1976 Code, as amended by Act 362 of 1994, is further amended to read:

"Section 47-13-30. A person who violates this chapter or the regulations promulgated pursuant to it is guilty of a misdemeanor and, upon conviction, must be punished in accordance with Section 47-4-130."

Time effective

SECTION 9. This act takes effect upon approval by the Governor.

Approved the 4th day of April, 1995.