Printed Page 4590, May 29
| Printed Page 4610, May 29
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Printed Page 4590, May 29
| Printed Page 4610, May 29
| Section 47-20-130. (A) Clemson University, in conjunction with the South Carolina Department of Agriculture and the department, shall create a training and certification program for owners or operators of animal feeding operations which shall include, but is not limited to, understanding relevant regulations, issues, standards, principles, and practices regarding siting and management of an animal feeding operation and land application of animal waste; testing for toxic metals, organic materials, and other elements; use of antibiotics; implementing emergency procedures; and spill prevention protocols including testing and inspection of dikes.
(B) An operator of an animal feeding operation and waste utilization area must be certified on the operation of animal waste management under the program created in subsection (A).
Section 47-20-140. (A) For an animal feeding operation which has the capacity of more than 160,000 pounds of normal production animal live weight at any one time and is seeking to construct or expand an established animal feeding operation, the department shall publish a notice of intent to construct or to expand an established animal feeding operation governed by this chapter in a local newspaper of general circulation, notify persons residing on adjoining property, and notify the relevant county commission and water supply district at the expense of the animal feeding operation applicant. Proof of notification of neighboring land owners and residents must be supplied by the applicant. This notice shall contain instructions for public review and comment to the department on the proposed construction and operation of the facility. The notice shall allow for a minimum thirty-day comment period.
(B) The department shall conduct a public hearing and shall provide notice of the public hearing in accordance with the notice requirements provided for in subsection (A) in any case in which the department receives at least twenty letters requesting a public hearing.
Section 47-20-150. (A) Permits for animal feeding operations covered under this chapter must be renewed every seven years. However, subsequent to the issuance of a permit, if the animal feeding operation is not in operation or production for two consecutive years, the permit is not valid and a new permit must be obtained.
(B) The department shall determine the appropriate fee for permit renewals.
Section 47-20-160. (A) The department shall promulgate regulations for this act by January 1, 1998, and submit a report on its progress by
(B) The department shall promulgate regulations for siting and managing animal feeding operations with a capacity of 160,000 pounds of normal production of animal live weight or less at any one time, including land application of waste. The regulations must be at a minimum as protective as the department's current guidelines.
Section 47-20-170. Any violation of the provisions of this chapter is punishable as under the Pollution Control Act."
SECTION 2. Section 46-45-30 of the 1976 Code, as amended by Act 442 of 1990, is further amended to read:
"Section 46-45-30. (A) No established agricultural facility or any agricultural operation at an established agricultural facility is or may become a nuisance, private or public, by any changed conditions in or about the locality of the facility or operation if the facility or operation has been in operation for one year or more. The provisions of This section do does not apply whenever a nuisance results from the negligent, improper, or illegal operation of an agricultural facility or operation."
SECTION 3. This act takes effect July 1, 1996./
Renumber sections to conform.
Amend totals and title to conform.
Rep. MARTIN explained the amendment.
Rep. SHARPE moved to table the amendment.
Those who voted in the affirmative are:
Bailey Boan Brown, G. Brown, H. Cain Carnell Cave Chamblee Cooper Cromer Dantzler Delleney Felder Fleming Fulmer Gamble Inabinett Kinon Kirsh Klauber Knotts Koon Lee Littlejohn Lloyd Loftis McCraw McTeer Phillips Quinn Rhoad Rice Riser Robinson Sandifer Sharpe Smith, D. Spearman Stoddard Townsend Tripp Trotter Vaughn Waldrop Walker Wilder Wilkes Wilkins Witherspoon Wofford Wright
Those who voted in the negative are:
Allison Anderson Baxley Beck Breeland Brown, J. Brown, T. Byrd Canty Cato Clyburn Cotty Davenport Govan Hallman Harrell Harris, J. Harvin Hodges Howard Hutson Jennings Keegan Kelley Keyserling Lanford Limehouse Martin Mason McElveen McMahand Meacham Moody-Lawrence Neal Neilson Richardson Rogers Scott Seithel Sheheen Shissias Smith, R. Stille Tucker Wells
Whipper, L. Whipper, S. Young Young-Brickell
So, the amendment was tabled.
Rep. MEACHAM moved that the House do now adjourn.
Rep. YOUNG-BRICKELL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Breeland Canty Carnell Chamblee Cooper Cotty Govan Hallman Harris, J. Howard Keegan Martin McMahand Meacham Moody-Lawrence Neal Rogers Scott Shissias Stille Townsend Tucker Whipper, L. Whipper, S.
Those who voted in the negative are:
Allison Bailey Baxley Beck Brown, G. Brown, H. Brown, J. Cain Cato Cave Dantzler Davenport Delleney Felder Fleming Fulmer Gamble Harrell Harvin Hodges Hutson Inabinett Jennings Kelley Keyserling Kinon Kirsh Klauber Knotts Koon Lanford Law Lee Limbaugh Limehouse Littlejohn Lloyd Loftis Mason McCraw McElveen McTeer Neilson Phillips Quinn
Rhoad Rice Riser Sandifer Seithel Sharpe Sheheen Smith, D. Smith, R. Spearman Stoddard Stuart Tripp Trotter Vaughn Waldrop Walker Wells Wilder Wilkes Wilkins Witherspoon Wofford Wright Young Young-Brickell
So, the House refused to adjourn.
Rep. LAW moved to reconsider the vote whereby Amendment No. 10A was tabled.
Rep. SHARPE moved to table the motion to reconsider.
Rep. MEACHAM demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey Boan Brown, G. Brown, H. Cain Carnell Cave Chamblee Cooper Cromer Dantzler Delleney Felder Fleming Fulmer Gamble Harvin Inabinett Kinon Kirsh Klauber Knotts Koon Lee Limbaugh Littlejohn Loftis McCraw McTeer Neilson Phillips Quinn Rhoad Rice Riser Robinson Sandifer Sharpe Smith, D. Spearman Stoddard Stuart Townsend Tripp Trotter Vaughn Waldrop Walker
Wilder Wilkes Wilkins Witherspoon Wright
Those who voted in the negative are:
Allison Anderson Baxley Beck Breeland Brown, J. Brown, T. Byrd Canty Cato Clyburn Cobb-Hunter Cotty Davenport Govan Hallman Harrell Harris, J. Hodges Howard Hutson Jennings Keegan Kelley Keyserling Lanford Law Limehouse Lloyd Mason McElveen McMahand Meacham Moody-Lawrence Neal Richardson Rogers Scott Seithel Sheheen Shissias Smith, R. Stille Tucker Wells Whipper, L. Whipper, S. Wofford Young Young-Brickell
So, the motion to reconsider was tabled.
Rep. QUINN proposed the following Amendment No. 12A, which was tabled.
Amend the bill as and if amended by striking paragraph (B.)
Rep. QUINN explained the amendment.
Rep. RICHARDSON raised the Point of Order that Amendment No. 12A was out of order in that it was inartfully drafted.
Rep. QUINN argued contra the Point.
The SPEAKER stated that there was only Section B and he overruled the Point of Order.
Rep. CROMER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Boan Breeland Brown, G. Brown, H. Brown, J. Brown, T. Byrd Cain Canty Carnell Cave Clyburn Cobb-Hunter Cotty Dantzler Davenport Delleney Fulmer Gamble Govan Hallman Harrell Harris, J. Harvin Hodges Howard Hutson Inabinett Keegan Kelley Keyserling Kinon Kirsh Klauber Knotts Koon Lanford Law Lee Limehouse Lloyd Martin McElveen McMahand McTeer Meacham Moody-Lawrence Neal Richardson Riser Rogers Sandifer Scott Seithel Sharpe Sheheen Shissias Spearman Stille Townsend Tucker Wells Whipper, L. Whipper, S. White Wilkes Wilkins Witherspoon Wofford Young-Brickell
Those who voted in the negative are:
Bailey Baxley Beck Cato Chamblee Cooper Cromer Felder Fleming Jennings Littlejohn Loftis Mason McCraw Neilson Phillips Quinn Rhoad
Rice Robinson Smith, R. Stoddard Stuart Tripp Trotter Vaughn Waldrop Walker Wilder Wright Young
So, the amendment was tabled.
Rep. MEACHAM spoke against the Senate amendments.
Rep. KNOTTS moved that Rule 3.9 be invoked. The motion was seconded by ten members and the SPEAKER ordered that the absent members be sent for.
Rep. FELDER moved to rescind Rule 3.9, which was agreed to.
Rep. MEACHAM continued speaking.
Rep. SHARPE moved immediate cloture on the entire matter.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Bailey Boan Brown, G. Brown, H. Cain Cato Chamblee Dantzler Delleney Felder Fleming Fulmer Gamble Kinon Kirsh Klauber Knotts Koon Law Lee Limbaugh Littlejohn Loftis Martin McCraw Neilson Phillips Quinn Rhoad Rice Riser Sandifer Sharpe Smith, D. Spearman Stoddard Stuart Townsend Tripp
Trotter Vaughn Waldrop Walker Wilder Wilkes Wilkins Witherspoon Wofford Wright Young-Brickell
Those who voted in the negative are:
Allison Anderson Baxley Beck Breeland Brown, J. Brown, T. Byrd Canty Cave Clyburn Cobb-Hunter Cotty Davenport Govan Hallman Harrell Harris, J. Hodges Hutson Inabinett Jennings Keegan Kelley Keyserling Lanford Lloyd Mason McElveen McMahand McTeer Meacham Moody-Lawrence Neal Richardson Robinson Rogers Scott Seithel Sheheen Shissias Smith, R. Stille Tucker Wells Whipper, L. Whipper, S. White Young
So, having failed to receive the necessary vote, immediate cloture was not ordered.
The SPEAKER granted Reps. CANTY and T. BROWN a leave of absence for the remainder of the day.
Rep. MEACHAM continued speaking.
Rep. FLEMING moved to continue the Bill.
Those who voted in the affirmative are:
Brown, H. Chamblee Felder Fleming Harvin Kinon Koon Loftis Phillips Rhoad Rice Robinson Stoddard Tripp Trotter Vaughn Waldrop Wilder
Those who voted in the negative are:
Allison Anderson Bailey Baxley Beck Boan Breeland Brown, G. Brown, J. Byrd Cain Carnell Cato Cave Cobb-Hunter Cooper Cotty Cromer Dantzler Davenport Delleney Fulmer Gamble Govan Hallman Harrell Harris, J. Hodges Howard Hutson Inabinett Jennings Keegan Kelley Keyserling Kirsh Klauber Knotts Lanford Law Lee Limbaugh Limehouse Littlejohn Lloyd Mason McCraw McElveen McMahand McTeer Meacham Moody-Lawrence Neal Neilson Quinn Richardson Riser Rogers Sandifer Scott Seithel Sheheen Shissias Smith, D. Smith, R. Spearman Stille Stuart Townsend Walker Wells Whipper, S. White Wilkes Wilkins
Witherspoon Wofford Wright Young Young-Brickell
So, the House refused to continue the Bill.
Printed Page 4590, May 29
| Printed Page 4610, May 29
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