Bill 4462

                    Current Status

Bill Number:                    4462
Ratification Number:            386
Act Number:                     325
Type of Legislation:            General Bill GB
Introducing Body:               House
Introduced Date:                19960118
Primary Sponsor:                Riser
All Sponsors:                   Riser, G. Brown, Koon and
                                Witherspoon 
Drafted Document Number:        PT\2143DW.96
Date Bill Passed both Bodies:   19960430
Governor's Action:              U  Became law without signature of
                                Governor
Date of Governor's Action:      19960521
Subject:                        Pesticide registration fees

Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

------  19960530  Act No. A325
------  19960521  Unsigned, became law without
                  signature of Governor
------  19960514  Ratified R386
Senate  19960430  Read third time, enrolled for
                  ratification
Senate  19960429  Read second time
Senate  19960404  Committee report: Favorable              01 SANR
Senate  19960227  Introduced, read first time,             01 SANR
                  referred to Committee
House   19960223  Read third time, sent to Senate
House   19960222  Unanimous consent for third
                  reading on the next Legislative day
House   19960222  Read second time
House   19960221  Committee report: Favorable              20 HANR
House   19960118  Introduced, read first time,             20 HANR
                  referred to Committee

(A325, R386, H4462)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-13-45 SO AS TO CREATE TWO CLASSES OF PESTICIDE REGISTRATION FEES, TO PROVIDE FOR AMOUNT OF THE FEE FOR A BASIC FEE, AND PROVIDE A PROCEDURE FOR THE DETERMINATION OF THE SPECIAL FEE AND HOW THE MONIES DERIVED FROM THE SPECIAL FEE MUST BE USED; AND TO AMEND SECTION 46-13-40, AS AMENDED, RELATING TO STANDARDS FOR CERTIFICATION OF PESTICIDE APPLICATORS, SO AS TO DELETE THE ANNUAL FEES FOR RESTRICTED AND UNRESTRICTED USE OF A PESTICIDE PRODUCT.

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

Pesticide registration fees

SECTION 1. The 1976 Code is amended by adding:

"Section 46-13-45. There are two classes of pesticide registration fees as follows:

(1) Basic. All pesticide products will be classified as basic pesticides, solely for determination of the annual registration fee. The classification will not affect a pesticide's state or federal classification as a general use pesticide or a restricted use pesticide. All registrants shall pay an annual basic registration fee of one hundred dollars per product registered. This fee must be used to support the general pesticide regulatory and education program.

(2)(a) Special. In instances where identifiable types of pesticides require regulatory activities exceeding those provided by the general regulatory program, the director in consultation with pesticide registrants shall prepare and submit to the legislature a report containing:

(i) the identity of the particular types of pesticides and a listing of such pesticides which warrant special regulatory activity;

(ii) an evaluation and explanation of the special regulatory activity necessary, the approximate duration, and the costs of implementing and maintaining this activity;

(iii) a recommendation of the appropriate allocation of these costs; and

(iv) a recommendation of a special registration fee to collect the necessary amount to be paid by the registrants to fund the special regulatory activity.

(b) All special fees collected must be devoted exclusively to the special regulatory activities for which they were established and are not subject to any direct or indirect charges, costs, or assessments by any state agency. Special fees must be terminated when the special regulatory activities which these fees support are no longer required."

Annual registration fee

SECTION 2. Section 46-13-40(F) of the 1976 Code, as last amended by Act 467 of 1992, is further amended to read:

"(F) The applicant desiring to register a pesticide shall pay an annual registration fee in accordance with the provisions of Section 46-13-45. Registrations expire on August thirty-first each year."

Time effective

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

Became law without the signature of the Governor -- 5/21/96.