South Carolina General Assembly
104th Session, 1981-1982

Bill 3733

                    Current Status

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

(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.