The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 4040 -- Reps. Riser, Snow, Worley, T.C. Alexander, Rhoad, Kelley, Witherspoon and Sharpe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 4 TO TITLE 47 SO AS TO ESTABLISH THE STATE LIVESTOCK-POULTRY HEALTH COMMISSION BY SETTING FORTH ITS MEMBERSHIP, POWERS, DUTIES, RELATED DEFINITIONS, REQUIREMENTS FOR CERTIFICATES OF VETERINARY INSPECTION, HEALTH PERMITS, QUARANTINE, INDEMNIFICATION, LAW ENFORCEMENT OFFICERS, CRIMINAL AND CIVIL LIABILITY AND PENALTIES, DISPOSITION OF FINES AND FEES, AND ADVISORY COMMITTEES; TO AMEND THE 1976 CODE BY ADDING SECTION 47-19-35 SO AS TO PROVIDE FOR PERMITS FOR ESTABLISHMENTS WHERE POULTRY IS SLAUGHTERED AND WHERE POULTRY FOOD PRODUCTS ARE PACKED; TO AMEND SECTION 47-6-10, RELATING TO THE REFERENCE FOR THE PSEUDORABIES CONTROL AND ERADICATION ACT, SO AS TO PROVIDE FOR THE ACT TO BE ADMINISTERED BY THE COMMISSION; TO AMEND SECTION 47-6-50, RELATING TO IMPORTATION OF SWINE, SO AS TO DELETE THE REFERENCE TO FEEDING OR BREEDING AS IT APPLIES TO IMPORTED SWINE REQUIRED TO BE ACCOMPANIED BY A HEALTH CERTIFICATE, REVISE RELATED REFERENCES, AND CHANGE THE REFERENCE TO STATE VETERINARIAN TO THE COMMISSION; TO AMEND ARTICLE 1, CHAPTER 11, TITLE 47, RELATING TO REGULATION OF STOCKYARDS AND DEALERS IN LIVESTOCK, SO AS TO DELETE SECTIONS 47-11-40 AND 47-11-50 PERTAINING TO PERMIT INSPECTION, REVOCATION, AND DURATION AND ADD SECTION 47-11-85 PERTAINING TO IDENTIFICATION OF ANIMALS SOLD IN A PUBLIC LIVESTOCK MARKET OR EQUINE SALES FACILITY, PROVIDE FOR THE COMMISSION TO ADMINISTER THE ARTICLE, DELETE UNNECESSARY DEFINITIONS, REVISE PERMIT REQUIREMENTS, CHANGE THE REFERENCES TO STATE
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\N05\7599BDW.94).
Amend the bill, as and if amended, Section 47-4-20(11), page 6, line 36, after /facilities/ by inserting /or retail pet stores/ so that when amended the item reads:
/(11) `Public livestock market' means livestock auction markets, public livestock assembly pens, stockyards, dealers in livestock, cooperative or buying stations, fairs, expositions, livestock shows, or other public places where livestock is assembled for purposes of sale, show, exchange, breeding, or barter and where the assembled livestock has more than one owner. The market may handle one or more families of livestock according to the terms of the permit. It does not include equine sales facilities or retail pet stores./
Amend further, Section 47-4-50, page 8, line 5, by striking /by regulation a listing of/ and inserting /regulations listing/ so that when amended the section reads:
/Section 47-4-50. The commission may promulgate regulations listing those communicable, contagious, or infectious diseases which, if not properly controlled, may have a serious adverse impact upon the livestock-poultry industry of the State. Persons shall report the suspected existence of these diseases and the diseases listed by Section 71, Code of Federal Regulations, to the State Veterinarian within forty-eight hours after discovery./
Amend further, Section 47-4-60(D), page 8, line 42, by deleting /by
regulation/ so that when amended the subsection reads:
Amend further by striking Section 47-4-60(F), page 9, beginning on line 16, and inserting:
/(F) The commission may promulgate regulations for the issuance of health permits./
Amend further, Section 47-4-70(B), page 10, line 6, by striking /46-4-100/ and inserting /47-4-130/ so that when amended the subsection reads:
/(B) A person who moves or causes to be moved quarantined livestock or poultry from its quarantine location without prior written approval of the commission is guilty of a misdemeanor and, upon conviction, must be punished in accordance with Section 47-4-130./
Amend further, Section 47-4-110(B), page 12, line 4, by striking /two/ and inserting /four/ and beginning on line 14, by deleting /relating to livestock and poultry health/ so that when amended the subsection reads:
/(B) In addition to the other inspectors employed by the commission, it may employ a maximum of four livestock law enforcement officers who must be commissioned by the Governor upon the recommendation of the commission. The commission may remove an officer if it finds he is unfit for that position. The officer shall possess and exercise all of the powers and authority held by constables at common law, and while acting in their official capacity, they have statewide authority for the enforcement of all laws entrusted to the commission./
Amend further, Section 47-4-130(B), page 13, line 19, after /regulation/ by inserting /or duly published requirements of the commission/ so that when amended the subsection reads:
/(B) The director, after opportunity for a hearing, may deny, suspend, modify, or revoke a permit for a violation of state or federal law or regulation or duly published requirements of the commission. In addition to denial, suspension, revocation, or modification of a permit or other penalties set forth in this chapter, the permittee who violates the provisions in subsection (A) may be assessed a civil penalty by the director of not more than one thousand dollars for each violation. Each day a violation continues constitutes a separate violation. The director may suspend a permit against which a civil penalty has been imposed if the permittee has not satisfied the penalty within thirty days after the permittee receives notification of the final decision of the director to impose the penalty. The permittee is entitled to a hearing on the suspension, but the suspension remains in effect pending the hearing and the decision of the director.
Amend further by striking Section 47-4-140(B), page 14, beginning on line 20, and inserting:
/(B) The commission may establish a fee schedule for the various services provided by the commission. These fees must be retained by the commission and utilized in carrying out the mandates of this chapter and other requirements imposed by law./
Amend further, Section 47-19-35(B), page 15, line 14, by deleting /in accordance with Section 47-4-110/ so that when amended the subsection reads:
/(B) The permit fee is fifty dollars annually or for part of a year. The permit year is July first to June thirtieth. These fees must be retained by the commission. The commission by regulation may increase the fee not to exceed two hundred dollars./
Amend further, Section 47-19-35(D), page 15, line 22, by striking /47-4-140/ and inserting /47-4-130/ so that when amended the subsection reads:
/(D) The commission, for cause, may refuse to grant a permit, may suspend, revoke, or modify the permit, or may assess a civil penalty in accordance with Section 47-4-130. Veterinary inspection must not be conducted in an establishment whose permit has been denied, suspended, or revoked. The commission immediately shall notify the South Carolina Department of Health and Environmental Control of permit actions./
Amend further, Section 47-6-50(A), page 15, line 44, by striking /health certificate/ and inserting /health certificate of veterinary inspection/ so that when amended the subsection reads:
/(A) All swine for feeding or breeding imported into this State must be accompanied by a health certificate of veterinary inspection. All swine must be identified to the herd of origin with an ear tag or other acceptable method of permanent identification that is approved by the State Veterinarian commission. Purebred swine, if not ear-tagged, must be identified by registry name and number and a description sufficient to identify the animal./
Amend further, Section 47-6-50(C)(3)(d), page 17, line 4, by striking /health
certificate/ and inserting /health certificate of veterinary
inspection/ so that when amended the subitem reads:
Amend further by striking Section 47-11-20, beginning on page 17 and line 29, and inserting:
/Section 47-11-20. (A)Any A person operating a public livestock market within the State or an equine sales facility, as defined in Section 47-4-20, shall be required to obtain from the State Veterinarian commission a permit authorizing the operation of such market. Issued permits are effective until the next March first, unless sooner revoked or canceled.
(B) The permit fee is five dollars annually or for a part of a year. The permit year is March first to the last day of February. The commission by regulation may increase the fee to not more than one hundred dollars.
(C) The commission may retain the fees.
(D) A person operating a public livestock market or an equine sales facility without a current permit is guilty of a misdemeanor and, upon conviction, must be punished in accordance with Section 47-4-130./
Amend further, Section 47-11-130, page 22, line 4, by striking /47-4-40/ and inserting /47-4-50/ so that when amended the section reads:
/Section 47-11-130.All Animals or poultry known to be infected with or exposed to any contagious or infectious disease and any animal one or more of the diseases provided in Section 47-4-50 or that reacts to a test indicating the presence of such a disease shall the diseases must be held separate and apart from healthy animals and shall must not be sold, traded, moved off premises, or otherwise disposed of except for immediate slaughter only in accordance with applicable state and federal regulation or with the prior approval of the commission./
Amend further by striking Section 47-13-1230, beginning on page 30 and line 41, and inserting:
/Section 47-13-1230.The Clemson University Board of Trustees State Livestock-Poultry Health Commission shall adopt promulgate reasonable rules and regulations consistent with the provisions of this article as it may deem proper. These rules and regulations shall be formulated The commission must be advised by a poultry technical advisory committee, consisting of five members who shall be appointed by the Clemson University Board of Trustees for terms of four years. as follows: one member of the committee shall be from the commercial hatching industry, one from the commercial egg industry, one from the commercial broiler
Amend further, Section 47-17-120(B), page 33, beginning on line 41, by deleting /in accordance with Section 47-4-110/ so that when amended the subsection reads:
/(B) The license permit fee shall be twenty-five is fifty dollars annually or for any part of a year. The license permit year shall be from is July first to June thirtieth. The funds shall be deposited with the Comptroller of Clemson University and credited to the Clemson Livestock-Poultry Health Department account fees must be retained by the commission. The commission by regulation may increase the fee to not more than two hundred dollars./
Amend further, by adding an appropriately numbered SECTION to read:
/SECTION __. Section 47-6-60 of the 1976 Code, as last amended by Act 563 of 1988, is further amended to read:
"Section 47-6-60. A person violating any of the provisions of this act chapter or any a regulation promulgated by authority of the state veterinarian is guilty of a misdemeanor and, upon conviction, must be fined in an amount not to exceed one thousand dollars or imprisoned not more than thirty days punished in accordance with Section 47-4-130. Each day's violation is considered a separate offense. The court may enjoin a person from continued violations of this act chapter."/
Renumber sections to conform.
Amend title to conform.
Rep. RISER explained the amendment.
Rep. ROBINSON made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 4481 -- Reps. Snow, Inabinett and Riser: A BILL TO AMEND SECTION 50-13-235, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST TAKING STRIPED BASS UNDER CERTAIN CONDITIONS, SO AS TO REVISE THE LENGTH OF THE STRIPED BASS PROHIBITION AND THE RESTRICTED AREA IN THE SANTEE RIVER AND PROVIDE FOR A RESTRICTION IN THE TAILRACE CANAL AND THE COOPER AND WANDO RIVERS.
Rep. SNOW explained the Bill.
Rep. HOLT made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 4483 -- Reps. Snow and Riser: A BILL TO AMEND SECTION 50-13-1198, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATIONS ON HERRING FISHING AT ST. STEPHEN POWERHOUSE, SO AS TO REVISE AN INCORRECT REFERENCE AND REVISE THE SEASON TO WHICH THE LIMITATIONS APPLY.
Rep. SNOW proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\N05\7610BDW.94), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. Section 50-13-2015 of the 1976 Code, as last amended by Section 1263, Act 181 of 1993, is further amended to read:
"Section 50-13-2015.(A)A fish sanctuary is established in the St. Stephen Rediversion Canal between the Corps of Engineers' powerhouse and the Atlantic Coastline Railroad Bridge. It is unlawful for a person to fish in the sanctuary except as provided in this section.
(B) From March first February fifteenth to May first each year, fishing for nongame fish is allowed from the Atlantic Seaboard Coastline Bridge