H 3592 General Bill, By J.J. Snow, L.E. Bennett, D.M. Bruce and Rhoad
 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.

   02/26/91  House  Introduced and read first time HJ-15
   02/26/91  House  Referred to Committee on Agriculture, Natural
                     Resources and Environmental Affairs HJ-15
   04/17/91  House  Committee report: Favorable Agriculture, Natural
                     Resources and Environmental Affairs HJ-6
   04/23/91  House  Read second time HJ-242
   04/24/91  House  Read third time and sent to Senate HJ-14
   04/25/91  Senate Introduced and read first time SJ-23
   04/25/91  Senate Referred to Committee on Agriculture and Natural
                     Resources SJ-23

COMMITTEE REPORT

April 17, 1991

H. 3592

Introduced by REPS. Snow, Bruce, Bennett and Rhoad

S. Printed 4/17/91--H.

Read the first time February 26, 1991.

To whom was referred a Bill (H. 3592), 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, etc., respectfully

That they have duly and carefully considered the same, and recommend that the same do pass:

L. EDWARD BENNETT, for Committee.

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.

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

SECTION 1. Section 46-10-100 of the 1976 Code is amended to read:

"Section 46-10-100. (A) Any A person who is convicted of a violation of violates Section 46-10-60 or who shall alter, forge, or counterfeit, alters, forges, counterfeits, or use uses without authority any a certificate, or a permit, or other document provided for in this chapter, or in the regulations of the commission provided for in this chapter, is guilty of a misdemeanor and, upon conviction, shall must be fined not exceeding more than one thousand dollars or imprisoned not exceeding more than one year, or both, in the discretion of the court.

(B) Any A person who knowingly moves any a regulated article into this State from any a quarantined area of any other another state, which article has not been treated or handled under provisions of the quarantine and regulations in effect at the point of origin, shall be is guilty of a misdemeanor and shall, upon conviction, must be punished as in subsection (A) subject to the foregoing penalty provision of this chapter.

A cotton grower who fails to pay, when due and upon reasonable notice, any assessment levied under this chapter, is subject to a penalty of not more than twenty-five dollars an acre, as established in the commission's regulations.

A cotton grower who fails to pay all assessments, including penalties, within fifteen days of notice of penalty, must destroy any cotton plants growing on his acreage which are subject to the assessment. Any cotton plants which are not destroyed are a public nuisance. The Director may apply to a court of competent jurisdiction to abate and prevent the nuisance. Upon judgment and order of the court, the nuisance must be condemned and destroyed in the manner directed by the court. The grower is liable for all court costs and fees, and other proper expenses incurred in the enforcement of this section."

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 the provisions of 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 operates 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 operates 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."

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