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Current Status Bill Number:View additional legislative information at the LPITS web site.4863 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:20000405 Primary Sponsor:Loftis All Sponsors:Loftis, Davenport, Law and F. Smith Drafted Document Number:l:\council\bills\swb\5125djc00.doc Residing Body:House Current Committee:Agriculture, Natural Resources and Environmental Affairs Com 20 HANR Subject:Nursery stock, trees; when a public nuisance; removal or destruction; nurseries; Agriculture, Forestry History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 20000405 Introduced, read first time, 20 HANR referred to Committee Versions of This Bill
TO AMEND SECTION 46-35-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WHEN TREES CONSTITUTE A PUBLIC NUISANCE, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO MAINTAIN CERTAIN NURSERY STOCK THAT CONSTITUTES A PUBLIC NUISANCE; TO AMEND SECTION 46-35-15, RELATING TO DEFINITIONS, SO AS TO DEFINE "NURSERY STOCK" FOR PURPOSES OF THIS CHAPTER; TO AMEND SECTION 46-35-20, RELATING TO THE DESTRUCTION OF SPECIFIED ORCHARD TREES, SO AS TO PROVIDE FOR THE DESTRUCTION OF CERTAIN NURSERY STOCK; TO AMEND SECTION 46-35-30, RELATING TO CITATIONS TO SHOW CAUSE AGAINST REMOVAL OR DESTRUCTION OF CERTAIN TREES, SO AS TO MAKE THE SECTION APPLICABLE TO CERTAIN NURSERY STOCK; TO AMEND SECTION 46-35-50, RELATING TO ORDERS FOR REMOVAL OR DESTRUCTION OF CERTAIN TYPES OF ABANDONED OR NEGLECTED TREES, SO AS TO MAKE THE SECTION APPLICABLE TO ORDERS FOR REMOVAL OR DESTRUCTION OF CERTAIN NURSERY STOCK; TO AMEND SECTION 46-35-60, RELATING TO DESTRUCTION OR REMOVAL OF SPECIFIED ORCHARD TREES WHEN THE OWNER FAILS TO DO SO, SO AS TO MAKE THE SECTION APPLICABLE TO THE DESTRUCTION OR REMOVAL OF CONDEMNED NURSERY STOCK WHEN THE OWNER FAILS TO DO SO; AND TO AMEND SECTION 46-35-80, RELATING TO DISCLOSURE REQUIREMENTS RELATIVE TO THE SALE OF ORCHARDS, SO AS TO MAKE THE DISCLOSURE REQUIREMENTS OF THIS SECTION APPLICABLE TO THE SALE OF NURSERIES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 46-35-10 of the 1976 Code, as last amended by Act 80 of 1989, is further amended to read:
"Section 46-35-10. Neglected or abandoned nursery stock, apple, grape, kiwi, nectarine, peach, pear, or plum orchards which, because of their infestation with pests, or because of other conditions, constitute a menace to the fruit growing industry of the State, or which are host plants of or provide a favorable and likely harbor for pests, are public nuisances and it is unlawful to maintain them. All remedies which are or may be given for the prevention or abatement of nuisances apply to the orchards. Whenever the State Crop Pest Commission determines by inspection that there exists a condition which constitutes a nuisance on any property within its jurisdiction, it shall report the property to the circuit solicitor, naming the pests or other conditions which in its opinion are dangerous to the fruit growing industry and if its findings justify it, state in the report that the removal or destruction of the neglected or abandoned nursery stock or orchard trees are the best means for elimination of the menace.
The State Crop Pest Commission through its designee, the Division of Regulatory and Public Service Programs, may promulgate regulations to implement the provisions of this chapter."
SECTION 2. Section 46-35-15 of the 1976 Code, as added by Act 80 of 1989, is amended by adding:
"(6) 'Nursery stock' means all fruit, nut, and shade trees, all ornamental plants and trees, bush fruits, buds, grafts, scions, vines, roots, bulbs, seedlings, slips, or other portions of plants (excluding true seeds) grown or kept for propagation, sale, or distribution."
SECTION 3. Section 46-35-20 of the 1976 Code, is amended to read:
"Section 46-35-20. Within twenty days from the time the circuit solicitor receives from the commission a report, he shall prepare from the report and from the findings in it a petition to the circuit court of the county where the nursery stock or orchard is located for an order for the removal or destruction of the neglected or abandoned nursery stock or orchard trees. The petition shall set forth a description of the property, the name of the owner or person in charge or possession of the property and the name of the pest or other conditions which constitute a menace to the nursery fruit growing industry of the State."
SECTION 4. Section 46-35-30 of the 1976 Code is amended to read:
"Section 46-35-30. Upon the filing of such petition, a citation shall be issued by the court, requiring the owner or person in charge or possession of the property to appear at a time and place specified to show cause why such neglected or abandoned nursery stock or apple or peach trees should not be removed or destroyed."
SECTION 5. Section 46-35-50 of the 1976 Code is amended to read:
"Section 46-35-50. On the day the citation is returnable the case shall have precedence of all matters except injunctions, older matters over the same character, and matters otherwise given precedence by law. The court shall decide whether or not the neglected or abandoned nursery stock or orchard trees must be destroyed or removed. If the court finds that the removal or destruction of the neglected or abandoned nursery stock or orchard trees is necessary for the welfare of the nursery or fruit growing industry of the State, it shall order the removal or destruction of the neglected or abandoned nursery stock or orchard trees within thirty days. The order must be served by the commission, or by any person deputized by it, upon the owner, if he can be found or upon the person in charge or possession of the property. If the owner or person in charge or possession of the property cannot be found, the order must be served by posting it in a conspicuous place upon the property. Upon petition by the owner and a showing that the owner has commenced the removal or destruction process and is proceeding in good faith, the circuit judge may allow a reasonable extension of time for the owner to complete the removal or destruction process."
SECTION 6. Section 46-35-60 of the 1976 Code is amended to read:
"Section 46-35-60. If the owner fails to remove and destroy the condemned nursery stock or orchard trees within the time limit prescribed by the circuit court, the court shall designate an appropriate agency of the State to remove and destroy the nursery stock or trees. The costs of the action by the State must be charged to the owner of the property, and the State shall have a lien upon the real estate to secure the payment."
SECTION 7. Section 46-35-80 of the 1976 Code, as added by Act 80 of 1989, is amended to read:
"Section 46-35-80. If a property owner sells a portion or all of an a nursery or orchard he must disclose to the buyer in writing on or before the completion of the sale of the property that a nuisance exists or may exist regarding the nursery or orchard or such portion of the nursery or orchard, that the property is subject to the provisions of this chapter, and that the buyer may be required to take or pay for certain corrective actions in connection with the nursery or orchard or such portion of the nursery or orchard, if it is abandoned or becomes neglected, pursuant to the provisions of this chapter. The seller must also notify the commission of the sale of the nursery or orchard, and the buyer's acknowledgement of receipt of the written notice must be affixed to the notice."
SECTION 8. This act takes effect upon approval by the Governor.
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