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Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
May 28, 2003
H. 3555
S. Printed 5/28/03--S.
Read the first time April 8, 2003.
To whom was referred a Bill (H. 3555) 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, 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 striking all after the enacting words and inserting therein the following:
/ SECTION 1. Chapter 1 of Title 6 of the 1976 Code is amended by adding:
Section 6-1-3000. (A) As used in this section:
(1) 'livestock' means all classes and breeds of animals, whether domesticated or feral;
(2) 'poultry' means all avian species including wildfowl and domestic fowl.
(B) Except as provided in subsection (C), a permit issued by a local government must not impose a more restrictive or burdensome requirement than a state statute or regulation relating to the production of livestock or poultry.
(C) A permit issued by a local government may impose a more restrictive or burdensome requirement than the requirements imposed by Chapter 20 of Title 47 or any state regulations based upon the statutory authority of Chapter 20 of Title 47."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Majority favorable. Minority unfavorable.
ROBERT L. WALDREP, JR. RALPH ANDERSON
For Majority. For Minority.
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.
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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