South Carolina Legislature


 

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H*3539
Session 124 (2021-2022) 

H 3539 {Rat #87, Act #71 of 2021} General Bill, By Davis and Martin
 AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 47-4-65 SO AS TO PROHIBIT THE TRANSPORTATION OF LIVE SWINENext ON A PUBLIC ROAD OR
 WATERWAY WITHOUT AN OFFICIAL FORM OF IDENTIFICATION, AND TO PROVIDE AN
 EXCEPTION AND PENALTIES; TO AMEND SECTION 50-16-25, RELATING TO THE UNLAWFUL
 RELEASE OF PIGS, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO TRANSPORT A LIVE
 MEMBER OF THE FAMILY SUIDAE TAKEN FROM THE WILD; AND TO REPEAL SECTION
 50-9-655 RELATING TO PIG TRANSPORT AND RELEASE PERMITS. - ratified title
View full text 12/16/20 House Prefiled 12/16/20 House Referred to Committee on Agriculture, Natural Resources and Environmental Affairs 01/12/21 House Introduced and read first time (House Journal-page 231) 01/12/21 House Referred to Committee on Agriculture, Natural Resources and Environmental Affairs (House Journal-page 231) 02/17/21 House Committee report: Favorable with amendment Agriculture, Natural Resources and Environmental Affairs (House Journal-page 3) 02/23/21 House Member(s) request name added as sponsor: Martin 02/23/21 House Amended (House Journal-page 21) 02/23/21 House Read second time (House Journal-page 21) 02/23/21 House Roll call Yeas-98 Nays-2 (House Journal-page 23) 02/24/21 House Read third time and sent to Senate (House Journal-page 15) 02/24/21 Senate Introduced and read first time (Senate Journal-page 7) 02/24/21 Senate Referred to Committee on Agriculture and Natural Resources (Senate Journal-page 7) 03/30/21 Senate Committee report: Favorable Agriculture and Natural Resources (Senate Journal-page 5) 04/22/21 Senate Amended (Senate Journal-page 34) 04/22/21 Senate Read second time (Senate Journal-page 34) 04/22/21 Senate Roll call Ayes-45 Nays-1 (Senate Journal-page 34) 04/29/21 Senate Read third time and returned to House with amendments (Senate Journal-page 9) 05/04/21 House Concurred in Senate amendment and enrolled (House Journal-page 72) 05/04/21 House Roll call Yeas-112 Nays-0 (House Journal-page 72) 05/05/21 House Reconsidered (House Journal-page 63) 05/06/21 House Senate amendment amended 05/06/21 House Returned to Senate with amendments (House Journal-page 22) 05/06/21 House Roll call Yeas-103 Nays-2 (House Journal-page 27) 05/11/21 Senate Non-concurrence in House amendment (Senate Journal-page 32) 05/11/21 Senate Roll call Ayes-0 Nays-44 (Senate Journal-page 32) 05/12/21 House House recedes from amendment(s) (House Journal-page 60) 05/12/21 Senate Ordered enrolled for ratification (Senate Journal-page 26) 05/13/21 Ratified R 87 05/17/21 Signed By Governor 06/01/21 Effective date 05/17/21 06/01/21 Act No. 71




H. 3539

(A71, R87, H3539)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-4-65 SO AS TO PROHIBIT THE TRANSPORTATION OF LIVE PreviousSWINENext ON A PUBLIC ROAD OR WATERWAY WITHOUT AN OFFICIAL FORM OF IDENTIFICATION, AND TO PROVIDE AN EXCEPTION AND PENALTIES; TO AMEND SECTION 50-16-25, RELATING TO THE UNLAWFUL RELEASE OF PIGS, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO TRANSPORT A LIVE MEMBER OF THE FAMILY SUIDAE TAKEN FROM THE WILD; AND TO REPEAL SECTION 50-9-655 RELATING TO PIG TRANSPORT AND RELEASE PERMITS.

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

Transport of live PreviousswineNext without identification prohibited

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

"Section 47-4-65.    (A)    It is unlawful to transport live PreviousswineNext on a public road or waterway within the State unless the PreviousswineNext have an official form of identification approved by the State Veterinarian and are transported in such a way that the PreviousswineNext is visible. Live PreviousswineNext transported without identification are presumed to have been taken from the wild and in violation of Section 50-16-25.

(B)    It is unlawful for a person to misuse or alter a permit, tag, or other form of identification or attempt to obtain a permit, tag, or form of identification by fraud or misrepresentation. A person is deemed to have misused identification by using the identification that was not assigned to them or assigned to another owner, knowingly providing identification to a person other than the owner of the PreviousswineNext, or by engaging in any other activity to circumvent the provisions of this section.

(C)    Absent an official form of identification, it is unlawful to transport live PreviousswineNext on a public road or waterway within this State unless accompanied by a document that may be presented in lieu of an official form of identification, including a dated bill of lading, invoice, receipt, bill of sale, or similar document showing the quantity of PreviousswineNext to be sold or transported and the name of the wholesale producer or dealer from whom the live PreviousswineNext were purchased or received.

(D)    Live PreviousswineNext that do not leave the premises of the PreviousswineNext owner are not subject to the identification requirement.

(E)    A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, is subject to the penalty prescribed in Section 47-4-130. Each violation constitutes a separate offense.

(F)    Notwithstanding Chapter 3, Title 22, magistrates court has jurisdiction over actions arising under this section."

Transport of Previousswine taken from the wild prohibited

SECTION    2.    Section 50-16-25 of the 1976 Code is amended to read:

"Section 50-16-25.    (A)    It is unlawful to:

(1)    import, possess, buy, sell, offer for sale, transfer, or transport a live member of the family Suidae (pig) taken from the wild; or

(2)    release a live member of the family Suidae (pig) into the wild.

(B)    Each pig imported, bought, sold, offered for sale, possessed, transferred, transported, or released in violation of this section constitutes a separate offense.

(C)    The department may seize and destroy any pig obtained pursuant to this section."

Transport and release permits repealed

SECTION    3.    Section 50-9-655 of the 1976 Code is repealed.

Time effective

SECTION    4.    This act takes effect upon approval by the Governor and is repealed on July 1, 2024.

Ratified the 13th day of May, 2021.

Approved the 17th day of May, 2021.

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