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Indicates Matter Stricken
Indicates New Matter
AMENDED
April 2, 2003
H. 3555
S. Printed 4/2/03--H.
Read the first time February 11, 2003.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 4-9-31 AND 5-7-31 SO AS TO PROVIDE THAT COUNTIES AND MUNICIPALITIES MAY NOT ENACT ANY ORDINANCE THAT SUPERSEDES OR IMPOSES A MORE STRINGENT STANDARD THAN THE STANDARDS ESTABLISHED BY ACT 460 OF 1996.
Amend Title To Conform
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. 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 or poultry, 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.
The provisions of this section do not apply to zoning ordinances enacted by a county.
SECTION 2. (A) Notwithstanding another provision of law, the provisions contained in this section allow an ordinance in existence on January 1, 2003, to be amended without affecting the validity of the ordinance.
(B) If an ordinance authorized hereunder is found to be unconstitutional, a county is not prohibited from adopting another ordinance with more stringent standards than the standards established by Act 460 of 1996, amendments to that act, or regulations promulgated pursuant to that act."
SECTION 3. This act takes effect upon approval by the Governor.
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