South Carolina General Assembly
115th Session, 2003-2004

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Bill 4078


Indicates Matter Stricken
Indicates New Matter


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

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-9-31 SO AS TO PROVIDE THAT A COUNTY MAY NOT UNDERTAKE TO MORE STRINGENTLY REGULATE A STATE REGULATED LIVESTOCK PRODUCER, BUT TO REQUIRE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL GIVE NOTICE TO THE LEGISLATIVE DELEGATION OF A COUNTY IN WHICH SUCH A PRODUCER PROPOSES TO LOCATE THAT THE PRODUCER HAS APPLIED FOR THE REQUIRED PERMIT.

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

SECTION    1.    Article 1, Chapter 9, Title 4 of the 1976 Code is amended by adding:

"Section 4-9-31.    (A)    Notwithstanding another provision of law, when exercising the enumerated powers granted by this chapter or another provision of law, a county beginning January 1, 2003, may not enact an ordinance that supersedes or imposes a more stringent standard than standards established by the General Assembly relating to the production of livestock, as defined in Section 47-4-20. Any such ordinance enacted on or after January 1, 2003, in violation of this section is null and void.

(B)    The legislative delegation representing the county or counties in which a state-regulated livestock producer proposes to locate must be given written notice by the Department of Health and Environmental Control that the producer has applied for the required permit.

(C)    The provisions of this section do not apply to zoning ordinances enacted by a county."

SECTION    2.    This act takes effect upon approval by the Governor.

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