Printed Page 2950, May 3
| Printed Page 2970, May 3
|
Printed Page 2950, May 3
| Printed Page 2970, May 3
| Reps. NEAL and CAVE proposed the following Amendment No. 6 (Doc Name L:\council\legis\amend\GJK\21783SD.95), which was tabled.
Amend the bill, as and if amended, by adding a new Section 47-20-40 at the end of Chapter 20 of Title 47 of the 1976 Code, as contained in SECTION 1 to read:
/"Section 47-20-40. For purposes of this chapter and other applicable provisions of law, a county or municipality for a period of three months after the effective date of this section may amend existing ordinances or enact new ordinances to stipulate what areas within its jurisdiction are compatible with a confined livestock or poultry facility and as a result shall be permitted therein."/
Amend the bill further, as and if amended, by adding a new SECTION to be appropriately numbered to read:
/SECTION . The 1976 Code is amended by adding:
"Section 46-45-75. For purposes of Sections 46-45-30 and 46-45-60, a county or municipality for a period of six months after the effective date of this section may amend existing ordinances or enact new ordinances to
Renumber sections to conform.
Amend totals and title to conform.
Rep. NEAL explained the amendment.
Rep. SHARPE moved to table the amendment.
Rep. CROMER demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 50 to 30.
Rep. NEAL proposed the following Amendment No. 7 (Doc Name L:\council\legis\amend\GJK\21781SD.95), which was adopted.
Amend the bill, as and if amended, by adding a new Section 47-20-30 at the end of Chapter 20 of Title 47 of the 1976 Code, as contained in SECTION 1 to read:
/"Section 47-20-30. All zoning ordinances of a county or municipality in existence on the effective date of this chapter that apply to production areas, waste areas, and waste disposal areas of confined livestock or poultry facilities, except any ordinances which declare them to be a nuisance per se and as a result unlawful throughout the county, shall continue in full force and effect."/
Amend the bill further, as and if amended, by adding a new SECTION to be appropriately numbered to read:
SECTION . The 1976 Code is amended by adding:
/"Section 46-45-65. All zoning ordinances of a county or municipality in existence on the effective date of this section that apply to agricultural facilities and agricultural operations except any ordinances which declare them to be a nuisance per se and as a result unlawful throughout the county, shall continue in full force and effect."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. NEAL explained the amendment.
The amendment was then adopted by a division vote of 42 to 32.
Reps. ROGERS, HODGES and NEAL proposed the following Amendment No. 8, which was tabled.
Amend the bill, as and if amended, by striking all after the enacting words
and inserting:
/SECTION 1. The 1976 Code is amended by adding:
Section 47-20-10. Production and waste areas of confined livestock and poultry facilities must be located:
(1) at least two hundred feet from the center line of public paved roads;
(2) at least one hundred feet from private potable wells;
(3) at least two hundred feet from public potable wells;
(4) at least one hundred feet from a watercourse of the State;
(5) at least fifty feet from a ditch or swale that may cause a water quality or health problem;
(6) at least one thousand feet from occupied or occupiable residences. As used in this item, `residence' includes, but is not limited to, mobile homes, apartments, condominiums, nursing homes, camps, campgrounds, hotels, motels, or similar places people may live. However, the one thousand feet setback is waived with the consent of the owner of the residence;
(7) when zoning restrictions apply, on property zoned for agricultural uses;
(8) out of the one-hundred-year flood plain unless protected from flooding.
Section 47-20-20. Waste disposal areas of confined livestock and poultry facilities must be located:
(1) at least one hundred feet from a watercourse of the State;
(2) at least one hundred feet from private potable wells;
(3) at least two hundred feet from public potable wells;
(4) at least two hundred feet from occupied or occupiable residences. As used in this item, `residence' is defined as in Section 47-20-10. The two hundred feet setback is waived with the consent of the owner of the residence. However, the owner may not agree to less than one hundred feet;
(5) at least fifty feet from a ditch or swale that may cause a water quality or health problem;
(6) at least three hundred feet from a public place. As used in this item, `public place' includes schools, churches, and daycare facilities;
(7) when zoning restrictions apply, on property zoned for agricultural uses."
Section 47-20-30. The requirements contained in this chapter are intended to serve as minimum guidelines for state and local permits. Local governments may, upon approval by the governing body, adopt
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 not apply whenever a nuisance results from the negligent, improper, or illegal operation of an agricultural facility or operation.
(B) Once an established agricultural facility or any agricultural
operation at an established agricultural facility has been permitted by a local
governmental entity, that permit cannot be subsequently revoked after sixty
days, except in cases where a nuisance results from the negligent, improper, or
illegal operation of an agricultural facility or operation."
SECTION 3. Section 46-45-60 of the 1976 Code, as amended by Act 442 of
1990, is further amended to read:
"Section 46-45-60. An ordinance of a unit of local government that makes the operation of an agricultural facility or an agricultural operation at an agricultural facility a nuisance or providing for abatement as a nuisance in derogation of this chapter is null and void. Any ordinance of a unit of local government requiring that proposed agricultural facilities or operations obtain a permit must ensure that the review and permit period does not exceed forty- five days. During the local review process, comments on any proposed agricultural facility or operation will only be taken from persons residing within a two-mile radius measured from the property line of the proposed facility or operation. The provisions of this section do not apply whenever a nuisance results from the negligent, illegal, or improper operation of an agricultural facility. The provisions of this section do not apply whenever a nuisance results from an agricultural facility or agricultural operation at an agricultural facility located within the corporate limits of a city."
SECTION 4. This act takes effect upon approval by the Governor./
Renumber section and amend title to conform.
Rep. ROGERS explained the amendment.
Rep. SHARPE moved to table the amendment.
Rep. ROGERS demanded the yeas and nays, which were taken resulting as
follows:
Those who voted in the affirmative are:
Allison Bailey Brown, H. Carnell Cato Chamblee Cooper Cotty Dantzler Davenport Delleney Easterday Fair Fleming Fulmer Gamble Harrell Harrison Haskins Huff Keegan Kelley Kinon Knotts Koon Lanford Law Limehouse Marchbanks Mason McAbee McCraw McKay Meacham Neilson Phillips Quinn Rice Riser Robinson Sandifer Seithel Sharpe Sheheen Simrill Smith, D. Spearman Stoddard Townsend Tripp Trotter Vaughn Waldrop Walker Wells Wilder Wilkins Witherspoon Wofford Worley Wright Young, A. Young, J.
Those who voted in the negative are:
Anderson Breeland Byrd Cain Clyburn Cobb-Hunter Cromer Govan Hallman Harris, J. Harris, P. Herdklotz Hines Hodges Howard
Jaskwhich Jennings Kennedy Keyserling Kirsh Limbaugh Lloyd Martin McTeer Moody-Lawrence Neal Richardson Rogers Scott Shissias Thomas Tucker Whipper, L. Whipper, S. White Wilkes
So, the amendment was tabled.
The SPEAKER granted Reps. DELLENEY, D. SMITH, CANTY and THOMAS a leave of the House due to the Judicial Screening Committee meeting.
Reps. HODGES and ROGERS proposed the following Amendment No. 9, which was tabled.
Amend the bill, as and if amended, by striking all after the enacting words
and inserting:
/SECTION 1. The 1976 Code is amended by adding:
Section 47-20-10. Production and waste areas of confined livestock and poultry facilities must be located:
(1) at least two hundred feet from the center line of public roads;
(2) at least two hundred feet from private potable wells;
(3) at least two hundred feet from public potable wells;
(4) at least two hundred feet from a watercourse of the State;
(5) at least fifty feet from a ditch or swale that may cause a water quality or health problem;
(6) at least one thousand feet from occupied or occupiable residences. As used in this item, `residence' includes, but is not limited to, mobile homes, apartments, condominiums, nursing homes, camps, campgrounds, hotels, motels, or similar places people may live. However, the one thousand feet setback is waived with the consent of the owner of the residence;
(7) when zoning restrictions apply, on property zoned for agricultural
uses;
Section 47-20-20. Waste disposal areas of confined livestock and poultry facilities must be located:
(1) at least two hundred feet from a watercourse of the State;
(2) at least two hundred feet from private potable wells;
(3) at least two hundred feet from public potable wells;
(4) at least one thousand feet from occupied or occupiable residences. As used in this item, `residence' is defined as in Section 47-20-10. The two hundred feet setback is waived with the consent of the owner of the residence. However, the owner may not agree to less than one hundred feet;
(5) at least fifty feet from a ditch or swale that may cause a water quality or health problem;
(6) at least one thousand feet from a public place. As used in this item, `public place' includes schools, churches, and daycare facilities;
(7) when zoning restrictions apply, on property zoned for agricultural uses."
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. 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 not apply whenever a nuisance results from the negligent, improper, or illegal operation of an agricultural facility or operation."
SECTION 3. Section 46-45-60 of the 1976 Code, as amended by Act 442 of 1990, is further amended to read:
"Section 46-45-60. An ordinance of a unit of local government that makes the operation of an agricultural facility or an agricultural operation at an agricultural facility a nuisance or providing for abatement as a nuisance in derogation of this chapter is null and void. The provisions of this section do not apply whenever a nuisance results from the negligent, illegal, or improper operation of an agricultural facility. The provisions of this section do not apply whenever a nuisance results from an agricultural facility or agricultural operation at an agricultural facility located within the corporate limits of a city."
SECTION 4. This act takes effect upon approval by the Governor./
Renumber sections and amend title to conform.
Rep. HODGES explained the amendment.
Rep. HODGES demanded the yeas and nays, which were taken resulting as
follows:
Those who voted in the affirmative are:
Allison Bailey Brown, H. Carnell Cato Chamblee Cotty Dantzler Davenport Easterday Fair Felder Fleming Fulmer Gamble Hallman Harrell Haskins Keegan Kelley Kinon Knotts Koon Lanford Limbaugh Limehouse Mason McAbee McCraw McKay Meacham Phillips Quinn Rice Riser Robinson Sandifer Seithel Sharpe Sheheen Simrill Smith, R. Spearman Stoddard Tripp Trotter Vaughn Waldrop Walker Wells Wilkins Witherspoon Wofford Wright Young, A. Young, J.
Those who voted in the negative are:
Boan Breeland Brown, G. Brown, J. Byrd Cain Cave Clyburn Cobb-Hunter Cromer Govan Harris, J. Herdklotz Hines Hodges Howard Jennings Kennedy Keyserling Kirsh Littlejohn Lloyd Martin McMahand McTeer Moody-Lawrence Neal Neilson Richardson Rogers Scott Shissias Stille
Whipper, L. Whipper, S. Wilder Wilkes
So, the amendment was tabled.
Rep. SHARPE moved immediate cloture on the entire matter, which was agreed to.
Mr. SPEAKER:
Please let the record reflect that I voiced a loud "No" on invoking cloture on H. 3446.
Rep. G. BROWN
Rep. HASKINS move to reconsider the vote whereby Amendment No. 7 was adopted.
Rep. McTEER raised the Point of Order that the motion to reconsider the vote whereby Amendment No. 7 was adopted was out of order under Rule 8.6 which states that after immediate cloture the only amendments that can be considered are the ones on the desk and that this amendment would no longer be on the desk.
Rep. HASKINS stated that any amendments that had been adopted were still on the desk until the Bill was no longer in the possession of the House and he further pointed out that the Point of Order came too late as the roll call had already been ordered.
Rep. SHEHEEN stated that the amendment was still in the possession of the body and that it could be reconsidered.
The SPEAKER stated that you could still reconsider a vote after immediate cloture and he overruled the Point of Order.
Rep. ROGERS moved to table the motion and demanded the yeas and nays, which were
taken resulting as follows;
Anderson Breeland Byrd Cave Clyburn Cobb-Hunter Cromer Fair Govan Harris, J. Howard Jennings Kennedy Keyserling Kirsh Littlejohn Lloyd McMahand McTeer Meacham Moody-Lawrence Neal Richardson Rogers Scott Simrill Whipper, L. Whipper, S.
Those who voted in the negative are:
Allison Bailey Brown, H. Carnell Cato Chamblee Cooper Cotty Dantzler Davenport Easterday Felder Fulmer Gamble Hallman Harrell Harrison Haskins Huff Keegan Kelley Kinon Knotts Koon Law Limbaugh Limehouse Marchbanks Martin Mason McAbee McCraw McKay Neilson Phillips Quinn Rice Riser Robinson Sharpe Sheheen Shissias Smith, R. Spearman Stoddard Tripp Trotter Tucker Vaughn Waldrop Wells Wilder Wilkins Witherspoon Wofford Young, J.
So, the House refused to table the motion to reconsider.
The question then recurred to the motion to reconsider, which was agreed to.
Printed Page 2950, May 3
| Printed Page 2970, May 3
|