South Carolina General Assembly
109th Session, 1991-1992

Bill 730

                    Current Status

Introducing Body:               Senate
Bill Number:                    730
Ratification Number:            121
Act Number:                     66
Primary Sponsor:                Land
Type of Legislation:            GB
Subject:                        Cotton growers, assessments
Companion Bill Number:          3592
Date Bill Passed both Bodies:   May 03, 1991
Computer Document Number:       NO5/7283.BD
Governor's Action:              S
Date of Governor's Action:      May 22, 1991
Introduced Date:                Mar 05, 1991
Date of Last Amendment:         Apr 03, 1991
Last History Body:              ------
Last History Date:              May 22, 1991
Last History Type:              Act No. 66
Scope of Legislation:           Statewide
All Sponsors:                   Land
Type of Legislation:            General Bill


 Bill  Body    Date          Action Description              CMN
 ----  ------  ------------  ------------------------------  ---
 730   ------  May 22, 1991  Act No. 66
 730   ------  May 22, 1991  Signed by Governor
 730   ------  May 21, 1991  Ratified R 121
 730   House   May 03, 1991  Read third time, enrolled for
 730   House   May 02, 1991  Unanimous consent for third
                             reading on next Legislative
 730   House   May 02, 1991  Read second time
 730   House   Apr 24, 1991  Committee Report: Favorable     20
 730   House   Apr 04, 1991  Introduced, read first time,    20
                             referred to Committee
 730   Senate  Apr 03, 1991  Amended, read third time,
                             sent to House
 730   Senate  Apr 02, 1991  Amended, read second time
 730   Senate  Mar 28, 1991  Committee Report: Favorable     01
 730   Senate  Mar 05, 1991  Introduced, read first time,    01
                             referred to Committee

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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A66, R121, S730)


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.