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

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.