S*730 Session 109 (1991-1992)
S*0730(Rat #0121, Act #0066 of 1991) General Bill, By Land
A Bill to amend Section 46-10-100 and Section 46-10-130, as amended, Code of
Laws of South Carolina, 1976, relating to penalties and fees for boll weevil
control, so as to revise provisions for assessments and penalties against
cotton growers.
03/05/91 Senate Introduced and read first time SJ-6
03/05/91 Senate Referred to Committee on Agriculture and Natural
Resources SJ-6
03/28/91 Senate Committee report: Favorable Agriculture and
Natural Resources SJ-9
04/02/91 Senate Amended SJ-19
04/02/91 Senate Read second time SJ-19
04/03/91 Senate Amended SJ-15
04/03/91 Senate Read third time and sent to House SJ-15
04/04/91 House Introduced and read first time HJ-7
04/04/91 House Referred to Committee on Agriculture, Natural
Resources and Environmental Affairs HJ-8
04/24/91 House Committee report: Favorable Agriculture, Natural
Resources and Environmental Affairs HJ-3
05/02/91 House Read second time HJ-31
05/02/91 House Unanimous consent for third reading on next
legislative day HJ-31
05/03/91 House Read third time and enrolled HJ-3
05/21/91 Ratified R 121
05/22/91 Signed By Governor
05/22/91 Effective date 05/22/91
05/22/91 Act No. 66
06/25/91 Copies available
(A66, R121, S730)
AN ACT TO AMEND SECTION 46-10-100 AND SECTION
46-10-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
1976, RELATING TO PENALTIES AND FEES FOR BOLL WEEVIL
CONTROL, SO AS TO REVISE PROVISIONS FOR ASSESSMENTS
AND PENALTIES AGAINST COTTON GROWERS.
Be it enacted by the General Assembly of the State of South Carolina:
Assessments and penalties against cotton growers deleted
SECTION 1. Section 46-10-100 of the 1976 Code is amended to
read:
"Section 46-10-100. (A) A person who violates Section
46-10-60 or who alters, forges, counterfeits, or uses without authority a
certificate, a permit, or other document provided for in this chapter or in
regulations of the commission is guilty of a misdemeanor and, upon
conviction, must be fined not more than one thousand dollars or
imprisoned not more than one year, or both, in the discretion of the court.
(B) A person who knowingly moves a regulated article into this State
from a quarantined area of another state which has not been treated or
handled under provisions of the quarantine and regulations in effect at the
point of origin is guilty of a misdemeanor and, upon conviction, must be
punished as in subsection (A)."
Assessments and penalties against cotton growers provided
SECTION 2. Section 46-10-130 of the 1976 Code, as last amended by
Act 491 of 1990, is further amended to read:
"Section 46-10-130. (A) Each commercial cotton grower in
this State is assessed an annual uniform fee determined by the commission
not to exceed ten dollars an acre subject to change as provided in Section
46-10-120. The assessment must be utilized by the commission to carry
out this chapter. The funds must be remitted promptly to the organization
certified according to this chapter under terms and conditions the
commission considers necessary to ensure that the assessments are used in
a sound program of eradication or suppression of the boll weevil or other
cotton pests. The certified organization shall provide to the division an
annual audit of its accounts performed by a certified public accountant. The
assessments collected by the commission under this chapter are not state
funds.
(B) A cotton grower who fails to pay when due and upon reasonable
notice an assessment levied under this chapter is subject to a penalty of not
more than twenty-five dollars an acre, established in the commission
regulations, in addition to the assessment.
(C) A cotton grower who fails to pay an assessment including penalties
within fifteen days of notice of a penalty shall destroy cotton plants
growing on his acreage which are subject to the assessment. Cotton plants
not destroyed are a public nuisance. The director may apply to a court of
competent jurisdiction to abate and prevent the nuisance. The director is
not required to file a bond. Upon judgment and order of the court, the
nuisance is condemned and must be destroyed in the manner it directs.
This injunctive relief is available to the director in addition to and does not
preclude other legal remedies.
(D) For a first delinquency, an assessment and penalties not paid by the
cotton grower within thirty days of the notice of a penalty automatically
operate as a lien upon crops growing upon the land, or otherwise in the
possession, of the grower until the assessment and penalties are paid in full.
For a subsequent delinquency or for an unsatisfied crop lien, an assessment
and penalties not paid by the grower within thirty days of the notice of a
penalty automatically operate as a lien upon the real property he owns.
These liens are of equal dignity with liens for taxes in favor of the State.
The director may issue executions for collection of assessments in the
manner executions are issued for ad valorem property taxes due the State.
Sheriffs and deputies, upon request of the director, shall levy and collect
executions and return them to the director in the manner tax executions are
levied and returned to county tax collectors and tax commissioners.
(E) The cotton grower is liable for court costs, fees, and other
reasonable expenses incurred in the enforcement of this section."
Time effective
SECTION 3. This act takes effect upon approval by the Governor.
Approved the 22nd day of May, 1991. |