South Carolina General Assembly
109th Session, 1991-1992

Bill 1496


                    Current Status

Introducing Body:               Senate
Bill Number:                    1496
Ratification Number:            456
Act Number:                     393
Primary Sponsor:                McGill
Type of Legislation:            GB
Subject:                        Agricultural dealers, surety
                                bonds
Date Bill Passed both Bodies:   May 21, 1992
Computer Document Number:       1496
Governor's Action:              S
Date of Governor's Action:      Jun 01, 1992
Introduced Date:                Apr 22, 1992
Last History Body:              ------
Last History Date:              Jun 01, 1992
Last History Type:              Act No. 393
Scope of Legislation:           Statewide
All Sponsors:                   McGill
Type of Legislation:            General Bill

History


 Bill  Body    Date          Action Description              CMN
 ----  ------  ------------  ------------------------------  ---
 1496  ------  Jun 01, 1992  Act No. 393
 1496  ------  Jun 01, 1992  Signed by Governor
 1496  ------  May 27, 1992  Ratified R 456
 1496  House   May 21, 1992  Read third time, enrolled for
                             ratification
 1496  House   May 20, 1992  Read second time
 1496  House   May 05, 1992  Introduced, read first time,
                             placed on Calendar without
                             reference
 1496  Senate  Apr 30, 1992  Read third time, sent to House
 1496  Senate  Apr 29, 1992  Read second time, notice of
                             general amendments
 1496  Senate  Apr 28, 1992  Polled out of Committee         01
 1496  Senate  Apr 22, 1992  Introduced, read first time,    01
                             referred to Committee

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

(A393, R456, S1496)

AN ACT TO AMEND SECTION 46-41-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEALERS OF AGRICULTURAL PRODUCTS, SO AS TO ALLOW SUCH DEALERS TO DELIVER EQUIVALENT SECURITY IN THE AMOUNT OF TWENTY-FIVE THOUSAND DOLLARS IN LIEU OF A SURETY BOND IN THE AMOUNT OF TWENTY-FIVE THOUSAND DOLLARS.

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

Security

SECTION 1. Section 46-41-60 of the 1976 Code is amended to read:

"(1) Before any license shall be issued the applicant shall make and deliver to the commissioner a surety bond or equivalent security in the amount of twenty-five thousand dollars or an amount equal to the maximum amount of business done or estimated to be done in any month by the applicant, whichever is less, executed by a surety corporation authorized to transact business in the State or provided by equivalent security approved by the commissioner with the advice of the State Treasurer. Such bond or equivalent security shall be upon a form prescribed or approved by the commissioner and shall be conditioned to secure the faithful accounting for any payment to producers, their agents or representatives, of the proceeds of all agricultural products handled or sold by such dealer.

(2) The amount of such bond or equivalent security shall, upon the order of the commissioner at any time, be increased, if in his discretion the commissioner finds such increase to be warranted by the volume of agricultural product being handled by the principal or maker of such bond or equivalent security. In the same manner, the amount of such bond or equivalent security may be decreased when a decrease in volume of products handled warrants such decrease in bond or equivalent security. The provisions shall apply to any bond or equivalent security, regardless of the anniversary date of its issuance, expiration, or renewal.

(3) In order to effectuate the purposes of this section, the commissioner or his agents may require from any licensee verified statements of the volume of his business, and failure to furnish such statement or make and deliver a new or additional bond or equivalent security shall be cause for suspension of license. If, at a hearing after reasonable notice, the commissioner finds such failure to be wilful, the license may be revoked."

Time effective

SECTION 2. This act takes effect upon approval by the Governor.

Approved the 1st day of June, 1992.