South Carolina General Assembly
116th Session, 2005-2006

Download This Bill in Microsoft Word format

A39, R42, H3579

STATUS INFORMATION

General Bill
Sponsors: Reps. Witherspoon, Frye, Hiott, Ott and Vick
Document Path: l:\council\bills\gjk\20187sd05.doc
Companion/Similar bill(s): 469

Introduced in the House on February 16, 2005
Introduced in the Senate on March 15, 2005
Last Amended on March 31, 2005
Passed by the General Assembly on April 7, 2005
Governor's Action: April 15, 2005, Signed

Summary: Crop Pest Commission

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   2/16/2005  House   Introduced and read first time HJ-55
   2/16/2005  House   Referred to Committee on Agriculture, Natural Resources 
                        and Environmental Affairs HJ-55
   2/23/2005          Scrivener's error corrected
    3/9/2005  House   Committee report: Favorable Agriculture, Natural 
                        Resources and Environmental Affairs HJ-3
   3/10/2005  House   Member(s) request name added as sponsor: Vick
   3/10/2005  House   Read second time HJ-16
   3/10/2005  House   Unanimous consent for third reading on next legislative 
                        day HJ-19
   3/11/2005  House   Read third time and sent to Senate HJ-2
   3/15/2005  Senate  Introduced and read first time SJ-14
   3/15/2005  Senate  Referred to Committee on Agriculture and Natural 
                        Resources SJ-14
   3/29/2005  Senate  Committee report: Favorable Agriculture and Natural 
                        Resources SJ-13
   3/31/2005  Senate  Amended SJ-20
   3/31/2005  Senate  Read second time SJ-20
    4/5/2005  Senate  Read third time and returned to House with amendments 
                        SJ-12
    4/7/2005  House   Concurred in Senate amendment and enrolled HJ-22
   4/12/2005          Ratified R 42
   4/15/2005          Signed By Governor
   4/21/2005          Copies available
   4/21/2005          Effective date 04/15/05
   4/25/2005          Act No. 39

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

2/16/2005
2/23/2005
3/9/2005
3/29/2005
3/31/2005


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

(A39, R42, H3579)

AN ACT TO AMEND SECTION 46-9-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR VIOLATING STATE CROP PEST COMMISSION ENFORCEMENT PROVISIONS, SO AS TO CLARIFY THOSE PERSONS TO WHOM CERTAIN PENALTIES MAY APPLY; AND TO ADD SECTION 46-33-100 SO AS TO PROVIDE THAT ANY PERSON SUBJECT TO TREE AND PLANT SHIPMENT PROVISIONS OF LAW OR OTHER PROVISIONS UNDER THE JURISDICTION OF THE STATE CROP PEST COMMISSION MAY BE ISSUED A STOP SALE, USE, AND DISTRIBUTION ORDER UNDER CERTAIN CONDITIONS, AND TO PROVIDE FOR THE MANNER IN WHICH THE ORDER MAY BE APPEALED.

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

Applicability of penalties

SECTION    1.    Section 46-9-90(B) of the 1976 Code, as last amended by Act 23 of 1995, is further amended to read:

"(B)    The director after opportunity for a hearing may deny, suspend, modify, or revoke a license or certificate for a violation of state or federal law or regulation. In addition to denial, suspension, revocation, or modification of a license or certificate or other penalty set forth in this chapter, any person subject to this chapter who violates this chapter or another chapter under the cognizance of the commission may be assessed a civil penalty by the director of not more than one thousand dollars for each violation. Each day a violation continues constitutes a separate violation. The director may suspend a license or certificate against which a civil penalty has been imposed if the license or certificate holder has not satisfied the penalty within thirty days after the license or certificate holder receives notification of the final decision of the director to impose the penalty. The license or certificate holder is entitled to a hearing on the suspension, but the suspension remains in effect pending the hearing and the decision of the director. Matters considered by the hearing officer are limited to whether a duly issued final order of the director existed, whether the license or certificate holder had notice of the final order, and whether the assessed penalty was paid within thirty days of the notice. The filing of a judicial appeal does not act as an automatic stay of enforcement of the civil penalty or of the suspension."

Stop sale, use, and distribution orders

SECTION    2.    Chapter 33, Title 46 of the 1976 Code is amended by adding:

"Section 46-33-100.    If a person, subject to this chapter or another chapter under the cognizance of the commission, is selling, distributing, or growing plant material in violation of this chapter or other chapters, agents of the commission shall issue to the owner or custodian of the material a written stop sale, use, or distribution order. The material may not be sold, used, or distributed until the provisions of the chapter or other chapters have been brought into compliance and the material released by the director. A stop sale order may be appealed in writing to the director within fifteen days after the issuance of the order. The director shall respond in writing within ten days after receipt of the appeal."

Time effective

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

Ratified the 12th day of April, 2005.

Approved the 15th day of April, 2005.

__________


This web page was last updated on Friday, December 4, 2009 at 3:42 P.M.