Bill 1282

                    Current Status

Bill Number:               1282
Ratification Number:       632
Act Number                 554
Introducing Body:          Senate
Subject:                   Boll weevil eradication program --referenda --assessments

(A554, R632, S1282)

AN ACT TO AMEND SECTIONS 46-10-120 AND 46-10-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BOLL WEEVIL ERADICATION, SO AS TO DELETE REQUIREMENTS FOR ADDITIONAL REFERENDA, TO PROVIDE FOR AN ASSESSMENT OF EIGHT DOLLARS AN ACRE FOR THE ERADICATION PROGRAM, AND TO PROVIDE FOR CHANGES IN THE ASSESSMENT AND THE DURATION OF THE PROGRAM UPON PETITION OF TEN PERCENT OF THE COMMERCIAL COTTON PRODUCERS OF THE STATE.

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

Boll Weevil Eradication Program -- referenda -- assessments

SECTION 1. Section 46-10-120 of the 1976 Code is amended to read:

"Section 46-10-120. 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 chapter 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.

Upon termination of the time specified in the last referendum, the commission shall establish an assessment, not to exceed eight dollars an acre, to cover suppression and containment costs on all cotton acreage within the eradication area as long as a containment program is necessary.

This assessment and program duration is subject to change when petitioned by ten percent of the commercial cotton producers of this State."

Assessment against commercial applicators

SECTION 2. Section 46-10-130 of the 1976 Code is amended to read:

"Section 46-10-130. Each commercial applicator in this State is assessed an annual uniform fee determined by the commission not to exceed eight dollars an acre subject to change as provided in Section 46-10-120. The assessment must be utilized by the commission to carry out the provisions of this chapter. The funds must be remitted promptly to the organization certified according to this chapter 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 chapter are not state funds."

Time effective

SECTION 3. This act takes effect upon approval by the Governor.