South Carolina General Assembly

115th Session, 2003-2004

H. 3555

STATUS INFORMATION

General Bill

Sponsors: Rep. Witherspoon

Document Path: l:\council\bills\pt\1226djc03.doc

Companion/Similar bill(s): 3194

Introduced in the House on February 11, 2003

Introduced in the Senate on April 8, 2003

Last Amended on April 2, 2003

Currently residing in the Senate

Summary: Counties and Municipalities, prohibited from enacting ordinances that supersedes current law

HISTORY OF LEGISLATIVE ACTIONS

Date Body Action Description with journal page number

2/11/2003 House Introduced and read first time HJ9

2/11/2003 House Referred to Committee on Agriculture, Natural Resources and Environmental Affairs HJ9

3/5/2003 House Committee report: Favorable with amendment Agriculture, Natural Resources and Environmental Affairs HJ9

3/6/2003 Scrivener's error corrected

3/18/2003 House Requests for debateRep(s).McLeod, JE Smith, Weeks, Cotty, Ott, Lourie, Emory, Kennedy, Parks, Lloyd, Witherspoon, Bowers, MoodyLawrence, Rivers, CobbHunter, Snow, Anthony, Breeland, Mack, Jennings, R.Brown, Whipper, Branham, Hayes, Huggins, Freeman, Coates & Davenport HJ20

3/26/2003 House Amended HJ53

3/26/2003 House Rejected HJ67

3/26/2003 House Vote for passage: Yeas49 Nays52 HJ67

3/26/2003 House Pending questionthe motion to reconsider the vote whereby the Bill, as amended, was rejected HJ76

3/27/2003 House Reconsidered vote whereby rejected HJ19

4/2/2003 House Amended HJ75

4/2/2003 House Read second time HJ94

4/2/2003 House Roll call Yeas66 Nays43 HJ94

4/3/2003 House Read third time and sent to Senate HJ27

4/3/2003 Scrivener's error corrected

4/8/2003 Senate Introduced and read first time SJ30

4/8/2003 Senate Referred to Committee on Judiciary SJ30

5/28/2003 Senate Committee report: Majority favorable with amend., minority unfavorable Judiciary SJ22

VERSIONS OF THIS BILL

2/11/2003

3/5/2003

3/6/2003

3/26/2003

4/2/2003

4/3/2003

5/28/2003

COMMITTEE REPORT

May 28, 2003

H.3555

Introduced by Rep. Witherspoon

S. Printed 5/28/03--S.

Read the first time April 8, 2003.

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (H.3555) to amend the Code of Laws of South Carolina, 1976, by adding Sections 4931 and 5731 so as to provide that counties and municipalities, etc., respectfully

REPORT:

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:

“Article 11

Local Government Permits

Section 613000. (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.

[3555-1]

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 4931 AND 5731 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 47420. 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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[3555] 2