Download This Version in Microsoft Word format
Indicates Matter Stricken
Indicates New Matter
April 22, 2009
S. Printed 4/22/09--H.
Read the first time March 25, 2009.
To whom was referred a Bill (S. 453) to amend Chapter 4, Title 47 of the 1976 Code, relating to animals, livestock, and poultry, by adding Section 47-4-160 to provide that political, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by adding a new SECTION appropriately numbered to read:
/SECTION ____. Section 6-1-330 of the 1976 Code is amended by adding a new subsection (D) to read:
"(D) The governing body of a county may not impose a fee on agricultural lands, forest lands, or undeveloped lands for a stormwater, sediment, or erosion control program unless Chapter 14, Title 48, allows for the imposition of this fee on these lands; provided, that any county which imposes such a fee on these lands on the effective date of this subsection may continue to impose that fee under its same terms, conditions, and amounts." /
Amend the bill further by adding an appropriately numbered SECTION to read:
/SECTION __. Chapter 9, Title 47 of the 1976 Code is amended by adding:
"Section 47-9-60. Notwithstanding any other provision of law, only property owners and residents within a one mile radius of a permitted livestock and poultry facility, with the exception of a swine facility, may appeal a permit issued by the Department of Health and Environmental Control pertaining to the facility." /
Renumber sections to conform.
Amend title to conform.
JEFF D. DUNCAN for Committee.
TO AMEND CHAPTER 4, TITLE 47 OF THE 1976 CODE, RELATING TO ANIMALS, LIVESTOCK, AND POULTRY, BY ADDING SECTION 47-4-160 TO PROVIDE THAT POLITICAL SUBDIVISIONS MAY NOT ENACT ORDINANCES, ORDER, OR OTHER REGULATIONS CONCERNING THE CARE AND HANDLING OF LIVESTOCK AND POULTRY, TO PROVIDE THAT IT IS THE INTENT OF THE GENERAL ASSEMBLY TO OCCUPY THE FIELD CONCERNING THE REGULATION OF CARE AND HANDLING OF LIVESTOCK AND POULTRY, AND TO PROVIDE THAT LOCAL LAWS, ORDINANCES, ORDERS, OR OTHER REGULATIONS CONCERNING THE CARE AND HANDLING OF LIVESTOCK AND POULTRY ARE PREEMPTED AND SUPERSEDED.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 47-4-160. (A) For the purposes of this section, 'care and handling' means accepted animal husbandry practices.
(B) Units of local government in this State may not enact ordinances, orders, or other regulations concerning the care and handling of livestock and poultry.
(C) It is the intent of the General Assembly to occupy the field of regulation of care and handling of livestock and poultry. All local laws and ordinances related to the regulation of and the enforcement of the care and handling of livestock and poultry in this State are preempted and superseded by laws enacted by the General Assembly and regulations promulgated by state agencies pursuant to those laws.
(D) The provisions of this section do not apply to Chapter 45, Title 46 concerning nuisance suits related to agricultural operations, commonly referred to as the Right to Farm Act and do not affect a local unit of government's authority to enact ordinances concerning new swine operations and new slaughterhouse operations.
(E) The provisions of this section do not preclude or limit a unit of local government's right to exercise its land use and zoning authority."
SECTION 2. This act takes effect upon approval by the Governor.
This web page was last updated on April 22, 2009 at 8:40 PM