Bill 226

                    Current Status

Bill Number:               226
Ratification Number:       23
Act Number:                13
Introducing Body:          Senate
Subject:                        Boll weevil eradication

(A13, R23, S226)

AN ACT TO AMEND ACT 649 OF 1976, AS AMENDED, RELATING TO BOLL WEEVIL ERADICATION, SO AS TO REDUCE THE TIME FOR PAYING ASSESSMENTS FROM THIRTY TO FIFTEEN DAYS, TO PROVIDE FOR ADDITIONAL REFERENDA, AND TO PROVIDE THAT THE ASSESSMENTS MUST BE DETERMINED BY REFERENDA.

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

Assessments

SECTION 1. The fourth paragraph of Section 9 of Act 649 of 1976, as last amended by Section 7 of Act 36 of 1983, is further amended to read:

"A cotton grower who fails to pay all assessments, including penalties, within fifteen days of notice of penalty, must destroy any cotton plants growing on his acreage which are subject to the assessment. Any cotton plants which are not destroyed are a public nuisance. The Director may apply to a court of competent jurisdiction to abate and prevent the nuisance. Upon judgment and order of the court, the 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."

Boll Weevil Eradication Program

SECTION 2. Section 11A of Act 649 of 1976, added by Act 281 of 1982, is amended to read:

"Section 11A. The Boll Weevil Eradication Program as provided for under this Chapter must be implemented, for a specified time determined by the Commission if it determines that the Federal Government and the commercial cotton producers of this State, as determined by referendum conducted by the Commission, shall cooperate and provide for the cost of carrying out the provisions of this act for the specified time. The cotton producer referendum must receive the favorable vote of two-thirds of the producers casting votes. All commercial cotton producers in South Carolina shall receive ballots and are eligible to vote.

The program may be continued for additional specified periods providing referenda as outlined above are approved by the cotton growers. The referenda shall also specify a maximum annual payment by the cotton producer or indicate that state funds are to be utilized to carry out the provisions of this act."

Fee

SECTION 3. Section 11B of Act 649 of 1976, as last amended by Act 36 of 1983, is further amended to read:

"Section 11B. Each commercial applicator in this State is assessed an annual uniform fee determined by the commission not to exceed the amount specified in the referendum approved by the cotton producers. The assessment must be utilized by the commission to carry out the provisions of this act. The funds must be promptly remitted to the certified organization certified according to this act under terms and conditions the commission considers necessary to ensure that the 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 4. This act shall take effect upon approval by the Governor.