§ 47-4-110 — Police power of commission members and agents; livestock law enforcement officers; employment, removal, duties; bond.

South Carolina § 47-4-110

• Jurisdiction: South Carolina
• Title 47: ANIMALS, LIVESTOCK, AND POULTRY
• Ch. 4: STATE LIVESTOCK-POULTRY HEALTH COMMISSION

Text

(A) The members of the commission and their assistants, deputies, and agents have police power in executing this chapter and other sections and chapters assigned by law. (B) In addition to the other inspectors employed by the commission, it may employ a maximum of six 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. (C) Before entering upon the duties of his office, each officer shall take and subscribe before an officer authorized to administer an oath to perform faithfully the duties of his office and to execute properly the laws of this State. (D) Each officer shall execute a bond with a licensed surety company in the amount of not less than ten thousand dollars. The bond must be filed with the commission and must be conditioned for the faithful performance of his duties, for the prompt and proper accounting of funds which may come into his hands, and for the payment of a judgment rendered against him in a court of competent jurisdiction upon a cause of action arising out of breech or abuse of official duty or power and damages sustained by a member of the public from an unlawful act of the officer. Coverage under the bond does not include damage to persons or property arising out of the negligent operation of a motor vehicle. The bond may be individual, schedule, or blanket and must be approved by the Attorney General. The premiums on the bond must be paid by the commission from appropriated funds. (E) Violations of those provisions of Title 47 assigned to the enforcement authority of the State Livestock-Poultry Health Commission, the maximum punishment for which are within the jurisdictional maximum of the summary court, may be charged by use of the Uniform Traffic Ticket, pursuant to the provisions of Section 56-7-10. A violation of this section shall not subject the defendant's driving record to assessment of any points, nor shall the violation be considered by any insurance company for automobile insurance or merit rating system and recoupment purposes.

Legislative History

HISTORY: 1994 Act No. 362, SECTION 1, eff May 3, 1994; 1995 Act No. 22, SECTION 5, eff April 4, 1995; 2003 Act No. 54, SECTION 1, eff June 6, 2003.