Bill 1432

                    Current Status

Bill Number:               1432
Ratification Number:       628
Act Number                 550
Introducing Body:          Senate
Subject:                   Relating to the promotion of flue-cured
                           tobacco

(A550, R628, S1432)

AN ACT TO AMEND SECTIONS 46-31-30, 46-31-40, 46-31-60, 46-31-80, 46-31-100, 46-31-110, 46-31-120, 46-31-130, 46-31-140, AND 46-31-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROMOTION OF FLUE-CURED TOBACCO, SO AS TO EXTEND ELIGIBILITY FOR PARTICIPATION IN REFERENDA FOR MARKETING ASSESSMENTS, TO INCREASE THE MAXIMUM ASSESSMENTS FROM TWO TO TEN DOLLARS AN ACRE OR FROM TEN TO FIFTY CENTS FOR EACH HUNDRED POUNDS, TO REDUCE FROM THIRTY DAYS TO FIFTEEN DAYS THE APPLICABLE REFERENDA NOTICE REQUIREMENT, TO PROVIDE FOR THE TIME OF THE WRITTEN REQUEST FOR REFUND OF ASSESSMENTS, AND TO INCREASE FROM THIRTY TO SIXTY DAYS THE DEADLINE FOR THE REPORT OF TOBACCO ASSOCIATES, INCORPORATED.

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

Referendum held

SECTION 1. Section 46-31-30 of the 1976 Code is amended to read:

"Section 46-31-30. In the manner set forth in this chapter and under regulations as established under the provisions of this chapter there must be held in every county in the State in which flue-cured tobacco is produced a referendum to be participated in by all farmers engaged in the production of flue-cured tobacco. Those farmers entitled to share in the crop of flue-cured tobacco or in the proceeds of the crop because of sharing in the risk of production are considered to be engaged in the production of flue-cured tobacco. In the referendum individuals eligible for participation shall vote upon the question of whether or not there must be levied an annual assessment for a period of three years in an amount not to exceed ten dollars an acre on all tobacco acreage, the exact amount an acre to be determined by the members of the board of directors of Tobacco Associates, Incorporated, subject to the approval of the majority of the South Carolina members of the board of directors, or in an amount not to exceed fifty cents for each one hundred pounds of the flue-cured tobacco marketed by each farmer under the alternate method for assessment provided for in Section 46-31-140."

Time of referendum

SECTION 2. Section 46-31-40 of the 1976 Code is amended to read:

"Section 46-31-40. The exact dates on which referenda must be held and the hours, voting places, and regulations under which the referenda must be conducted must be established and determined by the board of directors of the North Carolina corporation known and designated as Tobacco Associates, Incorporated, established under the leadership of farm organizations in the state of North Carolina for the purpose of promotion of flue-cured tobacco. Referenda dates, hours, and voting places, and regulations with respect to the holding of the referenda must be published through the medium of the public press in this State by the board of directors at least fifteen days before the holding of the referendum and direct written notice must be given to all farm organizations within this State and to each county agent in any county in which flue-cured tobacco is grown."

Voting

SECTION 3. Section 46-31-60 of the 1976 Code is amended to read:

"Section 46-31-60. The referendum must be upon the question of whether or not the farmers eligible for participation and voting in the referendum shall vote upon themselves, for the period of three years, an assessment not to exceed ten dollars an acre on all tobacco acreage in the State, or not to exceed fifty cents for each hundred pounds of the flue-cured tobacco marketed by each farmer under the alternate method for assessment provided for in Section 46-31-140, for the purpose of providing farmer participation in the fund and through the agency established for the promotion of flue-cured tobacco, the exact amount an acre of the assessment to be determined by the members of the board of directors of Tobacco Associates, Incorporated, subject to the approval of the majority of the South Carolina members of the board of directors."

Assessments

SECTION 4. Section 46-31-80 of the 1976 Code is amended to read:

"Section 46-31-80. If in the referendum two-thirds or more of the eligible tobacco farmers voting vote in the affirmative and in favor of the levying or collection of the assessment not to exceed ten dollars an acre on all tobacco acreage in the State, the exact amount an acre to be determined by the members of the board of directors of Tobacco Associates, Incorporated, subject to the approval of the majority of the South Carolina members of the board of directors, or not to exceed fifty cents for each one hundred pounds of the flue-cured tobacco marketed by each farmer under the alternate method for assessment provided in Section 46-31-140, the assessment must be collected in the manner provided in this chapter."

Refund

SECTION 5. Section 46-31-100 of the 1976 Code is amended to read:

"Section 46-31-100. If a referendum is carried in the affirmative and the assessment is levied and collected as provided in this chapter, under the regulations promulgated by the board of directors of Tobacco Associates, Incorporated, any farmer or tobacco producer upon whom and against whom the annual assessment has been levied and collected under the provisions of this chapter, if dissatisfied with the assessment and the results may demand of and receive from the treasurer of Tobacco Associates, Incorporated, a refund of the annual assessment collected from him, if the demand for refund is made in writing within thirty days from the last date on which the assessment is collected from the farmer or producer or deducted from the proceeds of the sale of tobacco of the farmer or producer."

Statement

SECTION 6. Section 46-31-110 of the 1976 Code is amended to read:

"Section 46-31-110. If the assessments are levied and collected as provided in this chapter, the treasurer of Tobacco Associates, Incorporated, shall, within sixty days after the end of any calendar year in which assessments are collected, publish a statement of the amounts received, collected, and disbursed by him during the year under the provisions of this chapter."

Referendum

SECTION 7. Section 46-31-120 of the 1976 Code is amended to read:

"Section 46-31-120. If the referendum is not supported by two-thirds or more of those eligible for participation and voting in the referendum, the board of directors of Tobacco Associates, Incorporated, in its discretion, may call another referendum for the purposes in this chapter set forth in any succeeding year."

Referendum

SECTION 8. Section 46-31-130 of the 1976 Code is amended to read:

"Section 46-31-130. If the referendum is carried by the votes of two-thirds or more of the eligible farmers participating in the referendum and the assessments are levied, the board of directors in its discretion may call and conduct future referenda in which the farmers vote upon the question of whether or not the assessments are continued for the next three years."

Poundage

SECTION 9. Section 46-31-140 of the 1976 Code is amended to read:

"Section 46-31-140. If the board of directors of Tobacco Associates finds that it is not reasonably feasible to base the authorization, making, or collection of an assessment on a 'per acre' unit, it may by an affirmative vote of not less than two-thirds of its members, which vote shall include the affirmative vote of not less than two-thirds of the board members who were elected by South Carolina farm organizations, use a 'tobacco poundage' unit as the basis for the authorization, making, or collection of an assessment. No assessment may exceed fifty cents for each one hundred pounds of the flue-cured tobacco marketed by each farmer. The amount of any alternate assessment based upon a 'tobacco poundage' unit as permitted by the provisions of this section must not be related to or limited by the amount of the assessment which could be authorized, made, or collected if it were based upon a 'per acre' unit."

Requirements

SECTION 10. Items (b) and (d) of Section 46-31-150(2) of the 1976 Code are respectively amended to read:

"(b) provide the necessary ballots and cause them to be mailed to the farmers of South Carolina who are engaged in the production of flue-cured tobacco;

(d) cause to be published through the medium of the public press in the State of South Carolina, notice of the holding of the referendum at least fifteen days before the mailing out of the ballots;"

Time effective

SECTION 11. This act takes effect upon approval by the Governor.