H 4383 General Bill, By Koon and Frye
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 46-1-160 SO AS TO AUTHORIZE THE DEPARTMENT OF AGRICULTURE TO CHARGE PRIVATE
 ENTITIES FOR TESTING AND CERTIFYING AGRICULTURAL PRODUCTS AND TO RETAIN THIS
 REVENUE TO OFFSET EXPENSES INCURRED IN PROVIDING THIS SERVICE; TO AMEND
 SECTION 39-9-65, RELATING TO THE DEPARTMENT OF AGRICULTURE REGISTERING
 SERVICEPERSONS FOR COMMERCIAL WEIGHING AND MEASURING DEVICES, SO AS TO
 ESTABLISH A TWENTY-FIVE DOLLAR REGISTRATION FEE, THE REVENUE FROM WHICH MUST
 BE USED BY THE DEPARTMENT TO ADMINISTER THIS REGISTRATION PROGRAM; TO AMEND
 SECTION 39-9-68, RELATING TO RESPONSIBILITIES OF THE DEPARTMENT OF AGRICULTURE
 IN CONNECTION WITH WEIGHTS AND MEASURES SO AS TO REQUIRE THE DEPARTMENT TO
 CHARGE FEES FOR CALIBRATIONS PERFORMED FOR PRIVATE ENTITIES AND TO RETAIN THIS
 REVENUE TO OFFSET EXPENSES FOR PROVIDING THIS SERVICE; TO AMEND SECTION
 39-22-150, AS AMENDED, RELATING TO THE WAREHOUSE RECEIPTS GUARANTY FUND, SO AS
 TO PROVIDE THAT THE DEPARTMENT OF AGRICULTURE MAY RETAIN AND EXPEND
 FIFTY-THOUSAND DOLLARS FROM THE FUND AS NECESSARY TO ADMINISTER THE FUND; AND
 TO AMEND SECTION 46-21-40, RELATING TO LICENSE TAXES ON CERTAIN AGRICULTURAL,
 VEGETABLE, AND FLOWER SEEDS OFFERED FOR SALE AND LICENSES TO CONDUCT SUCH
 BUSINESS, SO AS TO ESTABLISH A SLIDING FEE SCALE FOR THE ISSUANCE OF THESE
 LICENSES BASED ON THE PER YEAR DOLLAR VOLUME OF THE GROSS BUSINESS RECEIPTS OF
 THE APPLICANT AND TO PROVIDE THAT THE DEPARTMENT OF AGRICULTURE SHALL RETAIN
 THE REVENUE FROM THESE FEES, OTHER THAN THAT REMITTED TO THE GENERAL FUND OR
 STATE

   06/04/03  House  Introduced and read first time HJ-151
   06/04/03  House  Referred to Committee on Ways and Means HJ-152

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-1-160 SO AS TO AUTHORIZE THE DEPARTMENT OF AGRICULTURE TO CHARGE PRIVATE ENTITIES FOR TESTING AND CERTIFYING AGRICULTURAL PRODUCTS AND TO RETAIN THIS REVENUE TO OFFSET EXPENSES INCURRED IN PROVIDING THIS SERVICE; TO AMEND SECTION 39-9-65, RELATING TO THE DEPARTMENT OF AGRICULTURE REGISTERING SERVICEPERSONS FOR COMMERCIAL WEIGHING AND MEASURING DEVICES, SO AS TO ESTABLISH A TWENTY-FIVE DOLLAR REGISTRATION FEE, THE REVENUE FROM WHICH MUST BE USED BY THE DEPARTMENT TO ADMINISTER THIS REGISTRATION PROGRAM; TO AMEND SECTION 39-9-68, RELATING TO RESPONSIBILITIES OF THE DEPARTMENT OF AGRICULTURE IN CONNECTION WITH WEIGHTS AND MEASURES SO AS TO REQUIRE THE DEPARTMENT TO CHARGE FEES FOR CALIBRATIONS PERFORMED FOR PRIVATE ENTITIES AND TO RETAIN THIS REVENUE TO OFFSET EXPENSES FOR PROVIDING THIS SERVICE; TO AMEND SECTION 39-22-150, AS AMENDED, RELATING TO THE WAREHOUSE RECEIPTS GUARANTY FUND, SO AS TO PROVIDE THAT THE DEPARTMENT OF AGRICULTURE MAY RETAIN AND EXPEND FIFTY-THOUSAND DOLLARS FROM THE FUND AS NECESSARY TO ADMINISTER THE FUND; AND TO AMEND SECTION 46-21-40, RELATING TO LICENSE TAXES ON CERTAIN AGRICULTURAL, VEGETABLE, AND FLOWER SEEDS OFFERED FOR SALE AND LICENSES TO CONDUCT SUCH BUSINESS, SO AS TO ESTABLISH A SLIDING FEE SCALE FOR THE ISSUANCE OF THESE LICENSES BASED ON THE PER YEAR DOLLAR VOLUME OF THE GROSS BUSINESS RECEIPTS OF THE APPLICANT AND TO PROVIDE THAT THE DEPARTMENT OF AGRICULTURE SHALL RETAIN THE REVENUE FROM THESE FEES, OTHER THAN THAT REMITTED TO THE GENERAL FUND OR STATE TREASURER, FOR CERTAIN EXPENDITURES.

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

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

"Section 46-1-160.    The Department of Agriculture may charge private sector entities for testing and certification of agricultural products and retain this revenue to offset expenses incurred in performing these activities."

SECTION    2.    Section 39-9-65 of the 1976 Code, as added by Act 501 of 1994, is amended to read:

"Section 39-9-65.    (A)    The Uniform Regulation for the Voluntary Registration of Servicepersons and Service Agencies for Commercial Weighing and Measuring Devices adopted by the National Conference on Weights and Measures and published in the National Institute of Standards and Technology Handbook 130, "Uniform Laws and Regulations", and its supplements and revisions, apply to the registration of servicepersons and service agencies in the State, except as modified or rejected by regulation.

(B)    A serviceperson required to registered with the Department of Agriculture pursuant to subsection (A) shall pay to the department a registration fee of twenty-five dollars. Revenue generated by this subsection must be used by the department to offset expenses incurred in administering this registration program."

SECTION    3.    Section 39-9-68 of the 1976 Code, as added by Act 501 of 1994, is amended to read:

"Section 39-9-68.    (A)    The Department of Agriculture Consumer Services Division is charged with, but is not limited to, performing the following functions in connection with weights and measures on behalf of the citizens of the State:

(1)    assuring that weights and measures in commercial service within the State are suitable for their intended use, properly installed, and accurate and are so maintained by their owner or user;

(2)    preventing unfair or deceptive dealing by weight or measure in a commodity or service advertised, packaged, sold, or purchased within this State;

(3)    making available to all users of physical standards or weighing and measuring equipment the precision calibration and related metrological certification capabilities of the weights and measures facilities of the division;

(4)    promoting uniformity, to the extent practicable and desirable, between weights and measures requirements of this State and those of other states and federal agencies;

(5)    encouraging desirable economic growth while protecting the consumer through the adoption by regulation of weights and measures requirements necessary to assure equity among buyers and sellers.

(B)    The Department of Agriculture shall charge a fee of forty-five dollars an hour based on a fee schedule for all calibrations performed for private sector entities by the Metrology Laboratory authorized by subsection (A)(3). Revenue generated by these fees must be used by the department to offset expenses incurred in operating this laboratory."

SECTION    4.    Section 39-22-150 of the 1976 Code, as amended by Act 375 of 1998, is further amended by adding at the end:

"Additionally, the department may retain and expend fifty thousand dollars from the fund as is necessary for the department to administer the program."

SECTION    5.    Section 46-21-40 of the 1976 Code, is amended to read:

"Section 46-21-40.    (A)    For the purpose of providing a fund to defray the expenses of the examinations and analyses prescribed in this chapter, other than Article 11 hereof, each person selling or offering or ordering for sale or distribution in, or for export from, this State any seed mentioned in this chapter, other than Article 11 hereof, shall register his name with the Department of Agriculture and shall pay a license tax annually on January first of each year of one dollar when only boxed package vegetable or flower seed are handled and, when other seed with or without boxed package vegetable or flower seed is handled, of two and one-half dollars when the gross business is less than two hundred dollars, five dollars when the gross business is over two hundred dollars but less than five hundred dollars, ten dollars when the gross business is over five hundred dollars but less than one thousand dollars and twenty-five dollars when the gross business is one thousand dollars or more. The commissioner's receipt for such this license tax shall be constitutes a license to conduct the business.

(B)    The department shall charge for the licenses it issues pursuant to subsection (A) a minimum fee of twenty-five dollars and a maximum fee of one hundred fifty dollars. The department shall institute a graduated fee schedule between these minimum and maximum fees, which must be based on the per year dollar volume of the gross business receipts of the applicant. The department shall retain the revenue collected pursuant to this subsection, above the amount remitted to the general fund or State Treasurer, to defray the costs of printing, mailing, and inspections."

SECTION    6.    This act takes effect upon approval by the Governor.