H*3579(Rat #0042, Act #0039 of 2005)  General Bill, By Witherspoon, Frye, Hiott, 
Ott and Vick

Similar(S 469)
 AN ACT TO AMEND SECTION 46-9-90, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO PENALTIES FOR VIOLATING STATE CROP PEST COMMISSION ENFORCEMENT
 PROVISIONS, SO AS TO CLARIFY THOSE PERSONS TO WHOM CERTAIN PENALTIES MAY
 APPLY; AND TO ADD SECTION 46-33-100 SO AS TO PROVIDE THAT ANY PERSON SUBJECT
 TO TREE AND PLANT SHIPMENT PROVISIONS OF LAW OR OTHER PROVISIONS UNDER THE
 JURISDICTION OF THE STATE CROP PEST COMMISSION MAY BE ISSUED A STOP SALE, USE,
 AND DISTRIBUTION ORDER UNDER CERTAIN CONDITIONS, AND TO PROVIDE FOR THE MANNER
 IN WHICH THE ORDER MAY BE APPEALED. - ratified title

   02/16/05  House  Introduced and read first time HJ-55
   02/16/05  House  Referred to Committee on Agriculture, Natural
                     Resources and Environmental Affairs HJ-55
   02/23/05         Scrivener's error corrected
   03/09/05  House  Committee report: Favorable Agriculture, Natural
                     Resources and Environmental Affairs HJ-3
   03/10/05  House  Member(s) request name added as sponsor: Vick
   03/10/05  House  Read second time HJ-16
   03/10/05  House  Unanimous consent for third reading on next
                     legislative day HJ-19
   03/11/05  House  Read third time and sent to Senate HJ-2
   03/15/05  Senate Introduced and read first time SJ-14
   03/15/05  Senate Referred to Committee on Agriculture and Natural
                     Resources SJ-14
   03/29/05  Senate Committee report: Favorable Agriculture and
                     Natural Resources SJ-13
   03/31/05  Senate Amended SJ-20
   03/31/05  Senate Read second time SJ-20
   04/05/05  Senate Read third time and returned to House with
                     amendments SJ-12
   04/07/05  House  Concurred in Senate amendment and enrolled HJ-22
   04/12/05         Ratified R 42
   04/15/05         Signed By Governor
   04/21/05         Copies available
   04/21/05         Effective date 04/15/05
   04/25/05         Act No. 39

(A39, R42, H3579)

AN ACT TO AMEND SECTION 46-9-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR VIOLATING STATE CROP PEST COMMISSION ENFORCEMENT PROVISIONS, SO AS TO CLARIFY THOSE PERSONS TO WHOM CERTAIN PENALTIES MAY APPLY; AND TO ADD SECTION 46-33-100 SO AS TO PROVIDE THAT ANY PERSON SUBJECT TO TREE AND PLANT SHIPMENT PROVISIONS OF LAW OR OTHER PROVISIONS UNDER THE JURISDICTION OF THE STATE CROP PEST COMMISSION MAY BE ISSUED A STOP SALE, USE, AND DISTRIBUTION ORDER UNDER CERTAIN CONDITIONS, AND TO PROVIDE FOR THE MANNER IN WHICH THE ORDER MAY BE APPEALED.

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

Applicability of penalties

SECTION    1.    Section 46-9-90(B) of the 1976 Code, as last amended by Act 23 of 1995, is further amended to read:

"(B)    The director after opportunity for a hearing may deny, suspend, modify, or revoke a license or certificate for a violation of state or federal law or regulation. In addition to denial, suspension, revocation, or modification of a license or certificate or other penalty set forth in this chapter, any person subject to this chapter who violates this chapter or another chapter under the cognizance of the commission may be assessed a civil penalty by the director of not more than one thousand dollars for each violation. Each day a violation continues constitutes a separate violation. The director may suspend a license or certificate against which a civil penalty has been imposed if the license or certificate holder has not satisfied the penalty within thirty days after the license or certificate holder receives notification of the final decision of the director to impose the penalty. The license or certificate holder is entitled to a hearing on the suspension, but the suspension remains in effect pending the hearing and the decision of the director. Matters considered by the hearing officer are limited to whether a duly issued final order of the director existed, whether the license or certificate holder had notice of the final order, and whether the assessed penalty was paid within thirty days of the notice. The filing of a judicial appeal does not act as an automatic stay of enforcement of the civil penalty or of the suspension."

Stop sale, use, and distribution orders

SECTION    2.    Chapter 33, Title 46 of the 1976 Code is amended by adding:

"Section 46-33-100.    If a person, subject to this chapter or another chapter under the cognizance of the commission, is selling, distributing, or growing plant material in violation of this chapter or other chapters, agents of the commission shall issue to the owner or custodian of the material a written stop sale, use, or distribution order. The material may not be sold, used, or distributed until the provisions of the chapter or other chapters have been brought into compliance and the material released by the director. A stop sale order may be appealed in writing to the director within fifteen days after the issuance of the order. The director shall respond in writing within ten days after receipt of the appeal."

Time effective

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

Ratified the 12th day of April, 2005.

Approved the 15th day of April, 2005.