S*0453(Rat #0070, Act #0075 of 2009)  General Bill, By Verdin and Ford

Similar(H 3088)
 AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 47-4-160 SO AS TO PROVIDE THAT UNITS OF LOCAL GOVERNMENT MAY NOT ENACT
 ORDINANCES, ORDERS, 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 THE CARE AND
 HANDLING OF LIVESTOCK AND POULTRY, TO PROVIDE THAT LOCAL LAWS AND ORDINANCES
 PERTAINING TO THE REGULATION OF AND ENFORCEMENT OF THE CARE AND HANDLING OF
 LIVESTOCK AND POULTRY ARE PREEMPTED AND SUPERSEDED BY STATE LAW AND STATE
 AGENCY REGULATIONS, AND TO PROVIDE EXCEPTIONS; TO AMEND SECTION 6-1-330,
 RELATING TO LOCAL FEE IMPOSITION LIMITATIONS, SO AS TO PROVIDE THAT THE
 GOVERNING BODY OF A COUNTY MAY NOT IMPOSE A FEE ON AGRICULTURAL LANDS,
 FORESTLANDS, OR UNDEVELOPED LANDS FOR A STORMWATER, SEDIMENT, OR EROSION
 CONTROL PROGRAM UNLESS CHAPTER 14 OF TITLE 48 ALLOWS FOR THE IMPOSITION OF
 THIS FEE ON THESE LANDS, AND TO PROVIDE CERTAIN EXCEPTIONS; BY ADDING SECTION
 47-9-60 SO AS TO PROVIDE THAT ONLY PROPERTY OWNERS AND RESIDENTS WITHIN A
 TWO-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; AND BY ADDING
 SECTION 47-9-65 SO AS TO PROVIDE THE COMPOUNDING PHARMACIST WHO FILLS AN ORDER
 FOR PERFORMANCE ENHANCING MINERAL OR DRUG COMPOUNDS WHICH ARE NOT FDA APPROVED
 FOR POLO HORSES PRIOR TO A POLO MATCH MUST CERTIFY THE COMPOUND WITH HIS
 SIGNATURE ACCOMPANIED BY A COMPLETE LISTING OF THE COMPONENTS CONTAINED IN THE
 COMPOUND AND TO PROVIDE PENALTIES FOR VIOLATIONS. - ratified title

   02/19/09  Senate Introduced and read first time SJ-5
   02/19/09  Senate Referred to Committee on Agriculture and Natural
                     Resources SJ-5
   03/12/09  Senate Committee report: Favorable with amendment
                     Agriculture and Natural Resources SJ-13
   03/16/09         Scrivener's error corrected
   03/17/09  Senate Committee Amendment Adopted SJ-21
   03/17/09  Senate Read second time SJ-21
   03/24/09  Senate Read third time and sent to House SJ-25
   03/25/09  House  Introduced and read first time HJ-15
   03/25/09  House  Referred to Committee on Agriculture, Natural
                     Resources and Environmental Affairs HJ-15
   04/22/09  House  Committee report: Favorable with amendment
                     Agriculture, Natural Resources and Environmental
                     Affairs HJ-54
   05/14/09  House  Amended
   04/28/09  House  Debate adjourned until Wednesday, April 29, 2009 HJ-37
   04/29/09  House  Requests for debate-Rep(s). Kennedy, Littlejohn,
                     McEachern, JH Neal, Weeks, and Hosey HJ-206
   05/13/09  House  Requests for debate removed-Rep(s). Weeks, JH
                     Neal, McEachern, Hosey, and Littlejohn HJ-33
   05/14/09  House  Requests for debate-Rep(s). Stavrinakis,
                     Rutherford, Weeks, Bales, R Brown, Miller,
                     Hutto, JH Neal, MA Pitts, Hardwick, Umphlett,
                     Kennedy, Duncan, Ott, Hosey, Whipper, Mack,
                     Brantley, Gullick, and King HJ-60
   05/14/09  House  Amended HJ-85
   05/14/09  House  Read second time HJ-91
   05/14/09  House  Roll call Yeas-96  Nays-9 HJ-91
   05/19/09  House  Read third time and returned to Senate with
                     amendments HJ-62
   05/20/09  Senate House amendment amended SJ-12
   05/20/09  Senate Returned to House with amendments SJ-12
   05/20/09  House  Concurred in Senate amendment and enrolled HJ-260
   05/20/09  House  Roll call Yeas-106  Nays-4 HJ-260
   05/27/09         Ratified R 70
   06/02/09         Vetoed by Governor
   06/16/09  Senate Veto overridden by originating body Yeas-36  Nays-8
   06/16/09  House  Veto overridden Yeas-95  Nays-10 HJ-146
   06/22/09         Effective date 06/16/09
   06/24/09         Act No. 75

(A75, R70, S453)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-4-160 SO AS TO PROVIDE THAT UNITS OF LOCAL GOVERNMENT MAY NOT ENACT ORDINANCES, ORDERS, 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 THE CARE AND HANDLING OF LIVESTOCK AND POULTRY, TO PROVIDE THAT LOCAL LAWS AND ORDINANCES PERTAINING TO THE REGULATION OF AND ENFORCEMENT OF THE CARE AND HANDLING OF LIVESTOCK AND POULTRY ARE PREEMPTED AND SUPERSEDED BY STATE LAW AND STATE AGENCY REGULATIONS, AND TO PROVIDE EXCEPTIONS; TO AMEND SECTION 6-1-330, RELATING TO LOCAL FEE IMPOSITION LIMITATIONS, SO AS TO PROVIDE THAT THE GOVERNING BODY OF A COUNTY MAY NOT IMPOSE A FEE ON AGRICULTURAL LANDS, FORESTLANDS, OR UNDEVELOPED LANDS FOR A STORMWATER, SEDIMENT, OR EROSION CONTROL PROGRAM UNLESS CHAPTER 14 OF TITLE 48 ALLOWS FOR THE IMPOSITION OF THIS FEE ON THESE LANDS, AND TO PROVIDE CERTAIN EXCEPTIONS; BY ADDING SECTION 47-9-60 SO AS TO PROVIDE THAT ONLY PROPERTY OWNERS AND RESIDENTS WITHIN A TWO-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; AND BY ADDING SECTION 47-9-65 SO AS TO PROVIDE THE COMPOUNDING PHARMACIST WHO FILLS AN ORDER FOR PERFORMANCE ENHANCING MINERAL OR DRUG COMPOUNDS WHICH ARE NOT FDA APPROVED FOR POLO HORSES PRIOR TO A POLO MATCH MUST CERTIFY THE COMPOUND WITH HIS SIGNATURE ACCOMPANIED BY A COMPLETE LISTING OF THE COMPONENTS CONTAINED IN THE COMPOUND AND TO PROVIDE PENALTIES FOR VIOLATIONS.

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

Livestock and poultry regulations and restrictions

SECTION    1.    Chapter 4, Title 47 of 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."

Fee impositions

SECTION    2.    Section 6-1-330 of the 1976 Code is amended by adding a new subsection to read:

"(D)    The governing body of a county may not impose a fee on agricultural lands, forestlands, 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."

Appeal of permits

SECTION    3.    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 two-mile radius of a permitted livestock or 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."

Polo horse drug compounds; penalties

SECTION    4.    Article 1, Chapter 9, Title 47 of the 1976 Code is amended by adding:

"Section 47-9-65.    The compounding pharmacist who fills an order for performance enhancing mineral or drug compounds which are not FDA approved for polo horses prior to a polo match must certify the compound with his signature accompanied by a complete listing of the components contained in the compound. A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days."

Time effective

SECTION    5.    This act takes effect upon approval by the Governor.

Ratified the 27th day of May, 2009.

Vetoed by the Governor -- 6/2/09.

Veto overridden by Senate -- 6/16/09.

Veto overridden by House -- 6/16/09.