Bill 2736

                    Current Status

Bill Number:               2736
Ratification Number:       63
Act Number                 36
Introducing Body:          House
Subject:                   Boll weevil eradication

(A36, R63, H2736)

AN ACT TO AMEND ACT 649 OF 1976, AS AMENDED, RELATING TO BOLL WEEVIL ERADICATION, SO AS TO CHANGE THE DEFINITION OF "COMMISSION", DEFINE "DIRECTOR" AND "DIVISION", PROVIDE FOR CERTIFICATION OF COTTON GROWERS' ORGANIZATIONS, DELETE REQUIREMENTS FOR OWNERS CONSENT TO CERTAIN ACTIONS OF THE COMMISSION, PROVIDE ADDITIONAL PENALTIES, AND TO CHANGE THE USE OF ASSESSMENTS.

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

Definition

SECTION 1. Item (1) of Section 1 of Act 649 of 1976 is amended to read:

"(1) Commission: The State Crop Pest Commission, as designated by the Board of Trustees of Clemson University, or any officer or employee of the commission to whom authority to act in its stead has been or hereafter may be delegated."

Further

SECTION 2. Section 1 of Act 649 of 1976, as last amended by Act 281 of 1982, is further amended by adding:

"(11) Director: The Director, Division of Regulatory and Public Service Programs, College of Agricultural Sciences, Clemson University.

(12) Division: The Division of Regulatory and Public Service Programs, College of Agricultural Sciences, Clemson University."

Administrative Procedures Act

SECTION 3. Section 2 of Act 649 of 1976 is amended by adding at the end:

"This act is subject to all the provisions of the Administrative Procedures Act (Act 1976 of 1977)."

Commission may carry out operations to locate, etc., spread of

pests

SECTION 4. Section 3 of Act 649 of 1976 is amended to read:

"Section 3. The commission, either independently or in cooperation with counties or political subdivisions thereof, cities, towns, farmers' associations or similar organizations, individuals, federal agencies or agencies of other states, may carry out operations or measures to locate, suppress, control or eradicate, or to prevent or retard the spread of pests ."

Commission may certify organization

SECTION 5. Act 649 of 1976, as last amended by Act 281 of 1982, is further amended by adding:

"Section 7A. The commission may certify a cotton growers' organization for the purpose of entering into agreements with the State of South Carolina, other states, and federal agencies as may be necessary to carry out the purposes of this act.

A cotton growers' organization may apply to the commission for certification. In order to be eligible for certification by the commission, an organization must demonstrate to the satisfaction of the commission that:

(1) It is a nonprofit organization and may qualify as a tax exempt organization under Section 501(a) of the Internal Revenue Code of 1954 [26USC 501(a)];

(2) Membership in the organization is open to all cotton growers in this State;

(3) The organization has only one class of members with each member entitled to only one vote;

(4) The organization's board of directors is composed of five cotton growers from this State being appointed by the commission on recommendation of the Director, and in accordance with the grower organization's bylaws, for a one year term. Their successors shall be elected for two year terms by the members of the approved cotton growers' organization. The Director or his designee shall also serve on the board;

(5) All books and records of account and minutes of proceedings of the organization are available for inspection or audit by the Director or his representative at any reasonable time;

(6) Employees or agents of the growers' organization who handle funds of the organization are adequately bonded.

Section 7B. Upon determination by the commission that the organization meets the requirements of Section 7A, the commission must adopt a resolution certifying the organization as the official boll weevil eradication organization.

The commission may certify only one organization but may revoke the certification of the organization if at any time the organization fails to meet the requirements of this act."

Commission may destroy cotton

SECTION 6. Section 8 of Act 649 of 1976 is amended to read:

"Section 8. The commission or its authorized agent may destroy or in its discretion treat with pesticides, volunteer or other noncommercial cotton, and establish procedures by regulation for the purchase and destruction of commercial cotton when such action is deemed necessary to implement the purposes of this act."

Penalties

SECTION 7. Section 9 of Act 649 of 1976, is amended to read:

"Section 9. Any person who is convicted of a violation of Section 5 of this act or who shall alter, forge, or counterfeit, or use without authority any certificate or permit or other document provided for in this act, or in the regulations of the commission provided for in this act, is guilty of a misdemeanor and upon conviction shall be fined not exceeding one thousand dollars or imprisoned not exceeding one year, or both, in the discretion of the court.

Any person who knowingly moves any regulated article into this State from any quarantined area of any other state, which article has not been treated or handled under provisions of the quarantine and regulations in effect at the point of origin, shall be guilty of a misdemeanor and shall be subject to the foregoing penalty provision of this act.

A cotton grower who fails to pay, when due and upon reasonable notice, any assessment levied under this act, is subject to a penalty of not more than twenty-five dollars an acre, as established in the commission's regulations.

A cotton grower who fails to pay all assessments, including penalties, within thirty days of notice of penalty, must destroy any cotton plants growing on his acreage which are subject to the assessment. Any such cotton plants which are not destroyed are a public nuisance. The Director may apply to a court of competent jurisdiction to abate and prevent such nuisance. Upon judgment and order of the court, such nuisance must be condemned and destroyed in the manner directed by the court. The grower is liable for all court costs and fees, and other proper expenses incurred in the enforcement of this section."

Fee

SECTION 8. Section 11B of Act 649 of 1976, added by Act 281 of 1982, is amended to read:

"Section 11B. Each commercial cotton producer in this State shall be assessed an annual uniform fee to be determined annually by the commission of not more than sixty-five dollars per acre of cotton actually produced. The assessment shall be collected by the commission and expended by the commission exclusively to carry out the provisions of this act. The funds must be promptly remitted to the certified organization certified according to this act under such terms and conditions as the commission deems necessary to ensure that such assessments are used in a sound program of eradication or suppression of the boll weevil or other cotton pests. The certified organization must provide to the Division an annual audit of its accounts performed by a certified public accountant. The assessments collected by the commission under this act are not state funds."

Time effective

SECTION 9. This act shall take effect upon approval by the Governor.