H*4462(Rat #0386, Act #0325 of 1996)  General Bill, By Riser, G. Brown, Koon and 
Witherspoon
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
 46-13-45 so as to create two classes of pesticide registration fees, to
 provide for amount of the fee for a basic fee, and provide a procedure for the
 determination of the special fee and how the monies derived from the special
 fee must be used; and to amend Section 46-13-40, as amended, relating to
 standards for certification of pesticide applicators, so as to delete the
 annual fees for restricted and unrestricted use of a pesticide product.

   01/18/96  House  Introduced and read first time HJ-4
   01/18/96  House  Referred to Committee on Agriculture, Natural
                     Resources and Environmental Affairs HJ-4
   02/21/96  House  Committee report: Favorable Agriculture, Natural
                     Resources and Environmental Affairs HJ-2
   02/22/96  House  Read second time HJ-22
   02/22/96  House  Unanimous consent for third reading on next
                     legislative day HJ-22
   02/23/96  House  Read third time and sent to Senate HJ-2
   02/27/96  Senate Introduced and read first time SJ-12
   02/27/96  Senate Referred to Committee on Agriculture and Natural
                     Resources SJ-12
   04/04/96  Senate Committee report: Favorable Agriculture and
                     Natural Resources SJ-20
   04/29/96  Senate Read second time SJ-31
   04/30/96  Senate Read third time and enrolled SJ-9
   05/14/96         Ratified R 386
   05/21/96         Became law without Governor's signature
   05/21/96         Effective date 05/21/96
   05/31/96         Copies available
   05/31/96         Act No. 325

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-13-45 SO AS TO CREATE TWO CLASSES OF PESTICIDE REGISTRATION FEES, TO PROVIDE FOR AMOUNT OF THE FEE FOR A BASIC FEE, AND PROVIDE A PROCEDURE FOR THE DETERMINATION OF THE SPECIAL FEE AND HOW THE MONIES DERIVED FROM THE SPECIAL FEE MUST BE USED; AND TO AMEND SECTION 46-13-40, AS AMENDED, RELATING TO STANDARDS FOR CERTIFICATION OF PESTICIDE APPLICATORS, SO AS TO DELETE THE ANNUAL FEES FOR RESTRICTED AND UNRESTRICTED USE OF A PESTICIDE PRODUCT.

Be it enacted by the General Assembly of the State of South Carolina:

Pesticide registration fees

SECTION 1. The 1976 Code is amended by adding:

"Section 46-13-45. There are two classes of pesticide registration fees as follows:

(1) Basic. All pesticide products will be classified as basic pesticides, solely for determination of the annual registration fee. The classification will not affect a pesticide's state or federal classification as a general use pesticide or a restricted use pesticide. All registrants shall pay an annual basic registration fee of one hundred dollars per product registered. This fee must be used to support the general pesticide regulatory and education program.

(2)(a) Special. In instances where identifiable types of pesticides require regulatory activities exceeding those provided by the general regulatory program, the director in consultation with pesticide registrants shall prepare and submit to the legislature a report containing:

(i) the identity of the particular types of pesticides and a listing of such pesticides which warrant special regulatory activity;

(ii) an evaluation and explanation of the special regulatory activity necessary, the approximate duration, and the costs of implementing and maintaining this activity;

(iii) a recommendation of the appropriate allocation of these costs; and

(iv) a recommendation of a special registration fee to collect the necessary amount to be paid by the registrants to fund the special regulatory activity.

(b) All special fees collected must be devoted exclusively to the special regulatory activities for which they were established and are not subject to any direct or indirect charges, costs, or assessments by any state agency. Special fees must be terminated when the special regulatory activities which these fees support are no longer required."

Annual registration fee

SECTION 2. Section 46-13-40(F) of the 1976 Code, as last amended by Act 467 of 1992, is further amended to read:

"(F) The applicant desiring to register a pesticide shall pay an annual registration fee in accordance with the provisions of Section 46-13-45. Registrations expire on August thirty-first each year."

Time effective

SECTION 3. This act takes effect upon approval by the Governor.

Became law without the signature of the Governor -- 5/21/96.