reglab/housing_qa huggingface dataset:
SC Code § 46-40-10 (2021)
2021 South Carolina Code of Laws|Title 46 - Agriculture|Chapter 40 - Grain Dealers Guaranty Fund|Section 46-40-10. South Carolina Grain Dealers Guaranty Fund created.

 There is created within the State Treasury a separate fund to be known as the "South Carolina Grain Dealers Guaranty Fund".  HISTORY: 2000 Act No. 381, Part I, Section 1, eff June 14, 2000.  Editor's Note  2000 Act No. 381, Part II, Section 3, provides as follows:  "The Department of Agriculture may promulgate regulations necessary to carry out the provision of Chapter 40 of Title 46 of the 1976 Code."
SC Code § 46-40-20 (2021)
2021 South Carolina Code of Laws|Title 46 - Agriculture|Chapter 40 - Grain Dealers Guaranty Fund|Section 46-40-20. Definitions.

 As used in this chapter:  (1) "Department" means the South Carolina Department of Agriculture.  (2) "Fair market value" means the value based on the average market price being paid to grain dealers by grain processors on a specified date.  (3) "Grain" means any feed grains or oil seeds, except cottonseeds, sold by South Carolina grain dealers.  (4) "Debtor" means the Southern Soya Corporation now in bankruptcy. Bankruptcy for this purpose includes a Chapter 7 liquidation or a Chapter 11 reorganization.  (5) "Loss" means any monetary loss of a debtor over and beyond the amount protected by the debtor's bond and over and beyond the amount, if any, previously received for the monetary loss from the South Carolina Grain Producers Guaranty Fund or the Warehouse Receipts Guaranty Fund as a result of doing business with the debtor.  (6) "Date of loss" means the date the debtor filed its petition for bankruptcy.  (7) "Grain dealer" means any resident licensed by this State engaged in selling grain received from the producer or the producer's agent.  HISTORY: 2000 Act No. 381, Part I, Section 1, eff June 14, 2000.
SC Code § 46-40-30 (2021)
2021 South Carolina Code of Laws|Title 46 - Agriculture|Chapter 40 - Grain Dealers Guaranty Fund|Section 46-40-30. Assessments.

 An assessment of two cents a bushel must be imposed on all grain handled by grain dealers other than grain for which a prior grain dealer has already paid the assessment. The assessment must be reported and remitted to the department by the grain dealer as of the month in which the grain was delivered to the grain dealer, except as provided by Section 46-40-60.  HISTORY: 2000 Act No. 381, Part I, Section 1, eff June 14, 2000.
SC Code § 46-40-40 (2021)
2021 South Carolina Code of Laws|Title 46 - Agriculture|Chapter 40 - Grain Dealers Guaranty Fund|Section 46-40-40. State Treasurer to administer fund; presentation of claims against Southern Soya Corporation; time for filing; verification; relation to other funds; subrogation.

 (A) The State Treasurer shall administer the investment of the fund. The department shall administer the collection of assessments and investigate losses for which payment is requested. After verifying a grain dealer's losses, the department shall request that payment for verified losses be made by the State Treasurer to the grain dealer incurring a loss and maintain records of payments made. The fund must be established for the benefit of grain dealers who have delivered grain to the debtor and compensate them for losses relative to grain delivered to the debtor. All income or interest derived from this fund must be reinvested in the fund.  (B) A grain dealer who has not previously filed a claim in this matter within ninety days after the effective date of this chapter shall present his claim for the losses incurred for grain which has been delivered to the debtor, which must be under oath, to the department on a form supplied by the department. All claims must be filed within ninety days after the effective date of this chapter or they are barred from recovery under this fund. To verify his claim, the grain dealer shall present any evidence of loss including, but not limited to, scale tickets. The price for each bushel of grain must be established on the day of the loss and must be for the fair market value on that day at the location of loss. The price for each bushel may not be higher than the contract price, if a price has been established. All grain dealers filing claims under this section are bound by the value determined by the department.  (C) If a claim has previously been denied or if a claim is pending with the department and is not subject to payment from the South Carolina Grain Producers Guaranty Fund or the Warehouse Receipts Guaranty Fund, these claims must be considered for payment from this fund.  (D) The department within thirty days from verification of loss shall request payment of one hundred percent of the approved claim.  (E) Upon approval of his claim by the department, the grain dealer shall subrogate his interest, if any, to the department in a cause of action against the debtor. All monies received from subrogation of these claims must be reinvested in the fund.  HISTORY: 2000 Act No. 381, Part I, Section 1, eff June 14, 2000.
SC Code § 46-40-50 (2021)
2021 South Carolina Code of Laws|Title 46 - Agriculture|Chapter 40 - Grain Dealers Guaranty Fund|Section 46-40-50. Loan from Insurance Reserve Fund authorized; repayment; disposition of federal funds or other funds not received from assessments.

 (A) The Insurance Reserve Fund of the State Fiscal Accountability Authority is authorized to lend an amount up to four million two hundred thousand dollars on a one-time basis to the department for the use of the Grain Dealers Guaranty Fund herein established to pay claims approved by the department if the fund, through its assessments, 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 grain 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 grain dealer 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.  HISTORY: 2000 Act No. 381, Part I, Section 1, eff June 14, 2000.
SC Code § 46-40-60 (2021)
2021 South Carolina Code of Laws|Title 46 - Agriculture|Chapter 40 - Grain Dealers Guaranty Fund|Section 46-40-60. Schedule for remitting assessments; reports; determination of amount due upon failure to remit; hearings; penalties.

 (A) The grain dealer shall remit assessments and file with the department a report of such assessments on grain received by him by the fifteenth day of each calendar month following any calendar month in which the grain dealer has received quantities of grain subject to assessments totaling fifty dollars or more. If such grain dealers have received quantities of grain subject to assessments totaling less than fifty dollars in any calendar month, the assessments may be reported and remitted with the following month's return. All assessments must be remitted at least once every three months.  (B) In case any person subject to this section fails to make a report and remittance when required, the department shall determine the amount of the assessment according to its best judgment and information and such amount shall be prima facie correct, and the person who failed to make the report, within ten days after notice of the amount of the assessment is mailed to him, shall pay the assessment, together with a penalty of ten percent, or dispute such assessment and request a hearing to determine its amount and the penalty to be imposed. No payment shall be made until the department enters its order determining the amount of the payment but the payment must be made within ten days' notice of the order. On failure to remit payment within ten days of the receipt of the order, the department may suspend the dealer's license pursuant to Section 46-41-130.  HISTORY: 2000 Act No. 381, Part I, Section 1, eff June 14, 2000; 2002 Act No. 340, Section 8, eff June 30, 2002.
SC Code § 46-40-70 (2021)
2021 South Carolina Code of Laws|Title 46 - Agriculture|Chapter 40 - Grain Dealers Guaranty Fund|Section 46-40-70. Participation in fund.

 All grain dealers shall participate in the fund.  HISTORY: 2000 Act No. 381, Part I, Section 1, eff June 14, 2000.
SC Code § 46-40-80 (2021)
2021 South Carolina Code of Laws|Title 46 - Agriculture|Chapter 40 - Grain Dealers Guaranty Fund|Section 46-40-80. Single payment restriction.

 No grain dealer is entitled to be paid more than once from any state guaranty fund for any losses incurred as a result of the bankruptcy of this debtor.  HISTORY: 2000 Act No. 381, Part I, Section 1, eff June 14, 2000.
SC Code § 46-40-100 (2021)
2021 South Carolina Code of Laws|Title 46 - Agriculture|Chapter 40 - Grain Dealers Guaranty Fund|Section 46-40-100. Administrative costs.

 The department may retain and expend one hundred thousand dollars of the interest from the Grain Handlers Guaranty Fund to cover the costs associated with administering the program.  HISTORY: 2008 Act No. 353, Section 2, Pt 7D.1, eff July 1, 2008.
SC Code § 46-41-10 (2021)
2021 South Carolina Code of Laws|Title 46 - Agriculture|Chapter 41 - Dealers And Handlers Of Agricultural Products|Section 46-41-10. Definitions.

 For the purpose of this chapter the following words shall mean:  (1) "Dealer in agricultural products" means any person, association, itinerant dealer, copartnership or corporation engaged in the State in the business of buying, receiving, selling, exchanging, negotiating, processing for resale or soliciting the sale, resale, exchange, or transfer of any agricultural products purchased from the producer or his agent or representative or received on consignment from the producer or his agent or representative or received to be handled on net return basis from the producer.  (2) "Commissioner" means the Commissioner of Agriculture.  (3) "Agricultural products" shall mean and include the natural products of the farm, orchard, vineyard, garden and apiary, raw and manufactured; livestock and poultry products but shall not include tobacco, cotton, dairy products and timber products.  (4) "Net return basis" means a purchase for sale of agricultural products from a producer or shipper at an unfixed or unstated price at the time the agricultural products are shipped from the point of origin, and it shall include all purchases made "at the market price," "at net worth," and on similar terms, which indicate that the buyer is the final arbiter of the price to be paid.  (5) "Consignment" means any transfer of agricultural products by the seller to the custody of another person who acts as the agent for the seller for the purpose of selling such agricultural products.  (6) "Producer" means any producer of agricultural products produced in the State.  HISTORY: 1962 Code Section 3-751; 1967 (55) 349; 1981 Act No. 156 Section 14A.
SC Code § 46-41-20 (2021)
2021 South Carolina Code of Laws|Title 46 - Agriculture|Chapter 41 - Dealers And Handlers Of Agricultural Products|Section 46-41-20. Exceptions.

 The provisions of this chapter shall not apply to:  (1) Resident farmers or groups of resident farmers in the sale or purchase of agricultural products.  (2) All persons who buy for cash and pay at the time of delivery with United States currency and maintain on file in the office of the Commissioner an affidavit of this fact which shall be renewed on an annual basis.  (3) A dealer in agricultural products who operates as a bonded licensee under the Federal Packers and Stockyards Act.  (4) An operator of a roadside stand doing business within the State who pays for agricultural products by cash or check.  (5) All persons who buy in small quantities for personal use or consumption.  HISTORY: 1962 Code Section 3-752; 1967 (55) 349; 1981 Act No. 156 Sections 15, 16; 1983 Act No. 112 Section 3.
SC Code § 46-41-25 (2021)
2021 South Carolina Code of Laws|Title 46 - Agriculture|Chapter 41 - Dealers And Handlers Of Agricultural Products|Section 46-41-25. Provisions not to apply to South Carolina miller.

 The provisions of Section 46-41-30 shall not apply to any South Carolina miller who receives and purchases grains from producers on a cash on delivery basis only and pays by check or draft and post conspicuously in his place of business a notice to the producer that the miller is (a) not a licensed dealer; (b) not bonded as a licensed dealer; (c) does not collect assessments for, nor offer the protection of the South Carolina Grain Producers Guaranty Fund, and gives the same notice in writing to the producer prior to receipt and purchase of each lot of grain, and registers with the Commissioner an affidavit of this fact which shall be renewed on an annual basis.  HISTORY: 1981 Act No. 156 Section 17; 2000 Act No. 381, Part II, Section 2(C), eff June 14, 2000.
SC Code § 46-41-30 (2021)
2021 South Carolina Code of Laws|Title 46 - Agriculture|Chapter 41 - Dealers And Handlers Of Agricultural Products|Section 46-41-30. Unlawful to engage in business as dealer without license; penalties for violation.

 It is unlawful for a dealer in agricultural products to engage in that business without a state license issued by the commissioner. This requirement applies to all dealers in agricultural products who are not exempted by Sections 46-41-20 and 46-41-25.  (1) A person violating the provisions of this section is guilty of a misdemeanor for a first offense and, upon conviction, must be fined not less than one thousand dollars or imprisoned not more than three years, or both.  (2) Conviction for a second or subsequent offense is a felony and the person must be imprisoned not more than five years and fined not more than five thousand dollars.  HISTORY: 1962 Code Section 3-753; 1967 (55) 349; 1968 (55) 2499; 1981 Act No. 156 Section 18; 1993 Act No. 184, Section 78, eff January 1, 1994.
SC Code § 46-41-40 (2021)
2021 South Carolina Code of Laws|Title 46 - Agriculture|Chapter 41 - Dealers And Handlers Of Agricultural Products|Section 46-41-40. Application for license.

 Every dealer in agricultural products, desiring to transact business within the State, shall, prior to transacting such business, file an application for a license with the Commissioner. License shall be renewed annually on its anniversary date. The application shall be on a form furnished by the Commissioner and, together with such other information as the Commissioner shall require, shall state:  (1) The kind of agricultural products the applicant proposes to handle;  (2) The full name or title of the applicant, or if the applicant be an association or copartnership, the name of each member of such association or copartnership, or if the applicant be a corporation, the name of each officer of the corporation;  (3) The name of the local agent of the applicant, if any;  (4) The cities, and towns, within which places of business of the applicant will be located, together with the street or mailing address of each.  HISTORY: 1962 Code Section 3-754; 1967 (55) 349.
SC Code § 46-41-50 (2021)
2021 South Carolina Code of Laws|Title 46 - Agriculture|Chapter 41 - Dealers And Handlers Of Agricultural Products|Section 46-41-50. Issuance of license; fees; penalty for late renewal.

 Each application for a dealer's license under Section 46-41-40 or affidavit registered and filed under Section 46-41-25 shall be subject to an annual fee for the principal place of business for a dealer in agricultural products of fifty dollars. For each additional place of business named in the application, there shall be an additional ten dollars annual fee.  Should any dealer in agricultural products fail, or neglect to apply and qualify for the renewal of a license, or register an affidavit of exception, on or before the date of expiration, a fine of one hundred dollars shall apply and be added to the original fee and shall be paid by the dealer before the renewal may be issued. An additional fine of one hundred dollars shall be applied for each month or part of a month beyond the first month after expiration.  HISTORY: 1962 Code Section 3-755; 1967 (55) 349; 1981 Act No. 156 Section 19.
SC Code § 46-41-60 (2021)
2021 South Carolina Code of Laws|Title 46 - Agriculture|Chapter 41 - Dealers And Handlers Of Agricultural Products|Section 46-41-60. Bond or equivalent security required.

 (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.  HISTORY: 1962 Code Section 3-756; 1967 (55) 349; 1981 Act No. 156 Section 20; 1982 Act No. 469 Section 5; 1992 Act No. 393, Section 1, eff June 1, 1992.
SC Code § 46-41-70 (2021)
2021 South Carolina Code of Laws|Title 46 - Agriculture|Chapter 41 - Dealers And Handlers Of Agricultural Products|Section 46-41-70. Proceedings upon complaint for breach of condition of bond.

 Any person claiming himself to be damaged by any breach of the conditions of a bond given by a licensed dealer in agricultural products or by any alleged injurious practice or transaction by a dealer in agricultural products may enter a complaint to the Commissioner, which complaint shall be a written statement of the facts constituting such complaint. Such complaint shall be filed within six months from the date of the last transaction between the complaining producer and the dealer complaint against. Upon filing such complaint, the Commissioner shall investigate the charges made; whereupon, if in the opinion of the Commissioner the facts contained in the complaint warrant such action, a copy of the complaint shall be forwarded by the Commissioner to such dealer who shall be called upon to answer the complaint in writing within a reasonable time to be prescribed by the Commissioner. At his discretion the Commissioner may order a hearing before him giving the complainant and the respondent notice of the time and place of such hearing. At the conclusion of such hearing the Commissioner shall report his findings and make his order upon the matters complained of to the complainant and the respondent in each case, who shall then have fifteen days in which to make effective and satisfy the Commissioner's order. If such settlement is not effected within such time, the Commissioner or the producer may maintain a civil action against the principal and surety on the bond of the party against whom the order was directed, setting forth briefly in the complaint in such civil action the causes for which damages are complained. In any such suit, if the party who was successful before the Commissioner finally prevails, he shall be allowed court costs and a reasonable attorney's fee to be taxed and collected as a part of the cost of the suit. If the order of the Commissioner is against the producer and if the producer is not satisfied with such ruling, he may commence and maintain an action against the principal and surety on the bond of the parties complained of and the party prevailing shall be entitled to court costs and attorney's fee to be taxed and collected as a part of the suit. If the bond thus posted is insufficient to pay in full the valid claims of producers, the Commissioner shall direct that the proceeds of such bond be divided pro rata among such producers.  HISTORY: 1962 Code Section 3-757; 1967 (55) 349; 1981 Act No. 156 Section 21.
SC Code § 46-41-80 (2021)
2021 South Carolina Code of Laws|Title 46 - Agriculture|Chapter 41 - Dealers And Handlers Of Agricultural Products|Section 46-41-80. Consignment of products to another commission merchant or broker without consent of consignor prohibited.

 No dealer in agricultural products or commission merchant to whom any consignment of an agricultural product by a South Carolina producer, his agent or representative, has been made shall consign such consignment to another commission merchant or broker and receive, collect, or charge more than one commission or brokerage for making the sale thereof for the consignor, unless by written consent by such consignor.  HISTORY: 1962 Code Section 3-758; 1967 (55) 349.
SC Code § 46-41-90 (2021)
2021 South Carolina Code of Laws|Title 46 - Agriculture|Chapter 41 - Dealers And Handlers Of Agricultural Products|Section 46-41-90. Records to be kept by dealers; when dealer shall make payment to producer.

 Every dealer in agricultural products must upon the receipt of agricultural products on consignment basis and as he handles and disposes of them, make and preserve for at least one year a record, specifying the name and address of the producer consigning the agricultural products, the date of receipt, and the kind and quality of such produce. Such consignment sales must be substantiated by a written contract on forms approved by the Department of Agriculture. The dealer must make payment in settlement for such shipment to the producer within ten days after the sale of such agricultural products, unless otherwise agreed in writing.  HISTORY: 1962 Code Section 3-759; 1967 (55) 349; 1981 Act No. 156 Section 22; 1983 Act No. 112 Section 4.