South Carolina General Assembly
108th Session, 1989-1990

Bill 3887

                    Current Status

Bill Number:               3887
Ratification Number:       236
Act Number                 155
Introducing Body:          House
Subject:                   Relating to pesticide control
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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A155, R236, H3887)

AN ACT TO AMEND SECTION 46-13-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PESTICIDE CONTROL, SO AS TO PROVIDE THAT A PERSON WHO RECEIVES COMPENSATION FOR MAKING A PESTICIDE APPLICATION ON PROPERTY MAY BE SUBJECT TO A CIVIL PENALTY FOR VIOLATION; AND TO AMEND THE 1976 CODE BY ADDING SECTIONS 46-13-55 AND 46-13-185 SO AS TO PROVIDE FOR THE REGULATION OF STRUCTURAL PEST CONTROL ACTIVITY AND TO AUTHORIZE THE DIRECTOR OF THE DIVISION OF REGULATORY AND PUBLIC SERVICE PROGRAMS OF CLEMSON UNIVERSITY TO EMPLOY COUNSEL AND PROSECUTE CRIMINAL VIOLATORS.

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

Regulation of structural pest control activity

SECTION 1. Chapter 13, Title 46 of the 1976 Code is amended by adding:

"Section 46-13-55. Structural pest control activity must be regulated by the director in accordance with this chapter and the regulations promulgated by its authority. The director may promulgate the necessary regulations relating to structural pest control activity."

Pest control violations

SECTION 2. Chapter 13, Title 46 of the 1976 Code is amended by adding:

"Section 46-13-185. The director may prosecute criminal violators of this chapter and may use his own counsel in inferior courts but only when the defendant chooses to be represented by counsel. Counsel employed by the director may assist the solicitor, when requested, in general sessions court, the Court of Appeals, and the Supreme Court."

Civil penalties

SECTION 3. Section 46-13-180(2) of the 1976 Code is amended to read:

"(2) Civil Penalty. In addition to a denial, suspension, revocation, or modification of a license or certificate or any other penalty as set forth in this chapter, an applicant, a holder of a license or certificate, or a person who receives compensation for making a pesticide application on property who violates a provision of this chapter may be assessed a civil penalty by the director of not more than one thousand dollars for each offense. The provisions of this subsection do not apply to a homeowner who makes a pesticide application in his home in accordance with state and federal law."

Time effective

SECTION 4. This act takes effect upon approval by the Governor.