§ 46-41-250 — Election not to participate in fund; application for exemption.

South Carolina § 46-41-250

• Jurisdiction: South Carolina
• Title 46: AGRICULTURE
• Ch. 41: DEALERS AND HANDLERS OF AGRICULTURAL PRODUCTS

Text

(A) Notwithstanding any other provision of this chapter, any producer may elect not to participate in the fund for any calendar year by applying for an exemption with the department as provided in this section. (B) The election consists of a written, notarized application upon a form designed and provided by the department. The application must be filed with the department before April first of the year for which the exemption is desired. (C) Upon filing of the application, the department must issue the applicant an exemption certificate specifying the producer, commodity exempted, and period of exemption. The certificate, when presented to the grain or cotton dealer upon delivery of the grain or cotton, entitles the specified producer to an exemption from the dealer's and handler's assessment on the specified commodity. (D) When an exemption is granted under this section, the grain or cotton dealer must retain a copy of the exemption certificate for a period of no less than two years. Any producer who elects not to participate in the fund is not eligible to be reimbursed for any loss for the commodity exempted for that calendar year.

Legislative History

HISTORY: 1983 Act No. 112 SECTION 5; 2022 Act No. 181 (S.1117), SECTION 1, eff May 16, 2022; 2023 Act No. 32 (S.603), SECTION 2, eff May 16, 2023. Editor's Note 2022 Act No. 181, SECTION 4, provides as follows: "SECTION 4. (A) The Insurance Reserve Fund of the State Fiscal Accountability Authority is authorized to lend an amount up to four million dollars on a one-time basis to the department for the use of the Grain and Cotton Producers Guaranty Fund herein established to pay claims approved by the department if the fund, through its assessments, is below four million dollars and has insufficient monies to pay the claims. The loan is to be repaid from monies from the guaranty fund within five years of the date of the loan in five annual installments with interest at the rate provided in Section 34-31-20(A). In the event the department fails to make any loan payment to the Insurance Reserve Fund within the prescribed time, the payment must be paid from the state general fund. The participants in the loan shall execute a document approved by the State Treasurer severally guaranteeing the loan. The Insurance Reserve Fund shall prepare a written loan agreement which must be executed by the department prior to entering into the loan authorized by this section. "(B) Any federal funds or other funds not derived from assessments received by the department to reimburse claims or losses under this chapter must be paid into the fund and used for loan payments or loan principal reduction to the extent any monies are due under subsection (A) to the Insurance Reserve Fund or the state general fund. Each commodity producer severally guaranteeing this loan shall have his pro rata share of the debt obligation reduced accordingly based on the amount of the federal or other payment. If no monies are due to the Insurance Reserve Fund or to the state general fund under subsection (A), such funds shall be used for claim payments." Effect of Amendment 2022 Act No. 181, SECTION 1, inserted the paragraph designators; in (A), substituted "department" for "South Carolina Department of Agriculture"; in (B), in the first sentence, substituted "department" for "South Carolina Department of Agriculture", and in the second sentence, substituted "department before April first" for "Department before April 1"; in (C), in the first sentence, substituted "department" for "Department"; and in (D), in the first sentence, substituted "no less" for "not less" and made a nonsubstantive change. 2023 Act No. 32, SECTION 2, in (C), in the second sentence, inserted "or cotton" in two places; and in (D), in the first sentence, inserted "or cotton".