Current StatusView additional legislative information at the LPITS web site.Bill Number: 3733 Ratification Number: 506 Act Number 468 Introducing Body: House Subject: Relating to the South Carolina Dealers and Handlers Guaranty Fund; and to amend section 46-41-220, relating to assessments on grain
(A468, R506, H3733)
A JOINT RESOLUTION TO IMPOSE A MORATORIUM ON THE MANDATORY COLLECTION OF ASSESSMENTS UNDER ARTICLE 2 OF CHAPTER 41 OF TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA DEALERS AND HANDLERS GUARANTY FUND; AND TO AMEND SECTION 46-41-220, RELATING TO ASSESSMENTS ON GRAIN, SO AS TO PERMIT A PRODUCER TO REQUEST A REFUND OF SUCH ASSESSMENT.
Be it enacted by the General Assembly of the State of South Carolina:
Moratorium imposed
Section 1. A moratorium is imposed on the mandatory collection of assessments under Article 2 of Chapter 41 of Title 46 of the 1976 Code, relating to the South Carolina Dealers and Handlers Guaranty Fund, in order that participation by producers of grain in the Dealers and Handlers Guaranty Fund shall be voluntary.
Producer may request refund
Section 2. The second paragraph of Section 46-41-220 of the 1976 Code, added by Section 28 of Article 156 of 1981, is amended by striking the second sentence and inserting: "Any producer may, by his signed statement on a form issued by the Department, request that his assessment on any transaction be refunded to him." When amended the paragraph shall read:
"If grain is held by a grain dealer for more than one year or if a contract on grain is not fulfilled within one year a further assessment equal to the first shall be paid. Any producer may, by his signed statement on a form issued by the Department, request that his assessment on any transaction be refunded to him. Such request for refund shall be made within three days of the date on which the grain for which the assessment refund is requested was delivered to the grain dealer. No person shall be reimbursed from the South Carolina Dealers and Handlers Guaranty Fund for any loss incurred as a result of the grain transaction for which the refund was requested."
Time effective
Section 3. This act shall take effect upon the approval by the Governor.