H*3742 Session 104 (1981-1982)
H*3742(Rat #0507, Act #0469 of 1982) Joint Resolution, By McKay, D.E. Bundrick,
C.D. Chamblee, J.W. McLeod, D.E. McTeer and J.J. Snow
A Joint Resolution to impose moratoriums on the implementation of Chapters 41
and 42 of Title 46, Code of Laws of South Carolina, 1976, relating to
sampling, grading, and inspection of grains and oilseeds and dealers and
handlers and millers of agriculture products; to amend Section 46-41-60, as
amended, relating to bonds of licensees to handle agriculture products, so as
to decrease the amount of the bond required from fifty thousand dollars to
twenty-five thousand dollars; and to repeal Section 46-42-60, relating to an
assessment against dealers and handlers of grains and oilseeds.-at
03/24/82 House Introduced and read first time HJ-1787
03/24/82 House Referred to Committee on Agriculture and Natural
Resources HJ-1787
04/13/82 House Committee report: Favorable Agriculture and
Natural Resources HJ-2115
04/20/82 House Read second time HJ-2229
04/22/82 House Read third time and sent to Senate HJ-2306
04/22/82 Senate Introduced and read first time SJ-14
04/22/82 Senate Referred to Committee on Agriculture and Natural
Resources SJ-14
05/26/82 Senate Committee report: Favorable with amendment
Agriculture and Natural Resources SJ-53
05/26/82 Senate Amended SJ-53
05/26/82 Senate Read second time SJ-55
05/27/82 Senate Read third time SJ-19
05/27/82 Senate Returned SJ-19
06/01/82 House Concurred in Senate amendment and enrolled HJ-3666
06/02/82 House Ratified R 507 HJ-3841
06/08/82 Signed By Governor
06/08/82 Effective date 06/08/82
06/08/82 Act No. 469
06/18/82 Copies available
(A469, R507, H3742)
A JOINT RESOLUTION TO IMPOSE MORATORIUMS ON THE IMPLEMENTATION OF CHAPTERS 41
AND 42 OF TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SAMPLING,
GRADING, AND INSPECTION OF GRAINS AND OILSEEDS AND DEALERS AND HANDLERS AND
MILLERS OF AGRICULTURE PRODUCTS; TO AMEND SECTION 46-41-60, AS AMENDED, RELATING
TO BONDS OF LICENSEES TO HANDLE AGRICULTURE PRODUCTS, SO AS TO DECREASE THE
AMOUNT OF THE BOND REQUIRED FROM FIFTY THOUSAND DOLLARS TO TWENTY-FIVE THOUSAND
DOLLARS; AND TO REPEAL SECTION 46-42-60, RELATING TO AN ASSESSMENT AGAINST
DEALERS AND HANDLERS OF GRAINS AND OILSEEDS.
Whereas, the General Assembly finds that the producers, dealers and handlers,
and millers of grains and oilseeds have not been granted adequate participation
in the Department of Agriculture's (Department) formulation of policies,
procedures, and regulations for the implementation of the 1981 amendments to
Chapters 41 and 42 of Title 46 of the 1976 Code pertaining to the dealing and
handling and grading of grains and oilseeds; and
Whereas, such lack of farmer and agribusiness participation has resulted in
much confusion, misunderstanding, and lack of understanding between the
agriculture community and the Agriculture Department, such that the orderly trade
in grains and oilseeds is being threatened with significant disruption and
monetary losses. Now therefore,
Be it enacted by the General Assembly of the State of South Carolina:
Moratorium imposed
Section 1. A moratorium is imposed on enforcement actions as provided in
Section 46-42-80 of the 1976 Code, relating to the sampling, grading, and
inspection of grains and oilseeds, until such time as the Department of
Agriculture (Department) shall promulgate regulations to implement the provisions
of the chapter and such regulations have been duly considered by the General
Assembly. Such regulations shall be presented to the General Assembly no later
than March 1, 1983.
Further
Section 2. A moratorium is imposed on the enforcement of regulations
promulgated pursuant to Chapter 41 of Title 46, as amended in 1981, until such
time as the Department, in conjunction with the Agriculture Commission of South
Carolina (Commission), has reviewed such regulations in order to determine if
such regulations shall disrupt the normal and accepted business practices between
producers, and dealers and handlers, and millers of grains and oilseeds. Such
review shall be conducted in a manner which shall afford producers, dealers and
handlers, and millers of grains and oilseeds the opportunity to participate in
the regulation review and promulgation process. After such review of regulations
is completed, the Commissioner of Agriculture (Commissioner) shall report the
findings along with any needed amendment to the regulations to the Agriculture
and Natural Resources Committees of the Senate and House of Representatives no
later than March 1, 1983.
This moratorium on the enforcement of regulations under Chapter 41 of Title 46
of the 1976 Code shall be suspended after due consideration to the Commissioner's
report of review findings, and any amendments to the regulations promulgated by
the Department.
Committee established
Section 3. The Commission shall ask members of the agriculture community
involved in the production, dealing and handling, and milling of grains and
oilseeds to serve as a committee to provide the communication necessary for
orderly and reasonable implementation of the provisions of Chapters 41 and 42 of
Title 46 and Chapters 19 and 21 of Title 39 of the 1976 Code. Such advisory
committee members shall serve without compensation.
Moratorium not to relieve department from responsibility of limitation
Section 4. The imposition of moratoriums on the enforcement provisions of
Chapter 42 of Title 46 of the 1976 Code and the enforcement of regulations
promulgated under Chapter 41 of Title 46 of the 1976 Code shall in no way relieve
the Department from the responsibility of proceeding with the orderly
implementations of the 1981 amendments to Chapters 41 and 42 of Title 46 and
Chapters 19 and 21 of Title 39 of the 1976 Code.
License
Section 5. Subsection (1) of Section 46-41-60, as last amended by Section 20
of Act 156 of 1981, is further amended by striking on line two "fifty"
and inserting "twenty-five". When amended the subsection shall read:
"(1) Before any license shall be issued the applicant shall make and
deliver to the Commissioner a surety bond in the amount of twenty-five thousand
dollars or an amount equal to the maximum amount of business done or estimated
to be done in any month by the applicant, whichever is less, executed by a surety
corporation authorized to transact business in the State. Such bond shall be upon
a form prescribed or approved by the Commissioner and shall be conditioned to
secure the faithful accounting for any payment to producers, their agents or
representatives, of the proceeds of all agricultural products handled or sold by
such dealer."
Repeal
Section 6. Section 46-42-60 of the 1976 Code is repealed.
Time effective
Section 7. This act shall take effect upon the approval by the Governor. |