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739Ratification Number: 136Act Number: 77Type of Legislation: General Bill GBIntroducing Body: SenateIntroduced Date: 19990420Primary Sponsor: McGillAll Sponsors: McGill and ElliottDrafted Document Number: l:\council\bills\bbm\9248som99.docCompanion Bill Number: 3953Date Bill Passed both Bodies: 19990527Governor's Action: SDate of Governor's Action: 19990611Subject: Tobacco Community Development Board established, Agriculture, CommissionsHistory Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ ------ 19990702 Act No. A77 ------ 19990611 Signed by Governor ------ 19990609 Ratified R136 House 19990527 Read third time, enrolled for ratification House 19990526 Read second time House 19990526 Debate interrupted House 19990520 Recalled from Committee 20 HANR House 19990504 Introduced, read first time, 20 HANR referred to Committee Senate 19990429 Read third time, sent to House Senate 19990428 Read second time, notice of general amendments Senate 19990428 Recalled from Committee 01 SANR Senate 19990420 Introduced, read first time, 01 SANR referred to Committee Versions of This Bill Revised on April 28, 1999 - Word format Revised on May 20, 1999 - Word format
(A77, R136, S739)
AN ACT TO AMEND TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AGRICULTURE, BY ADDING CHAPTER 30, ARTICLE 3 SO AS TO ESTABLISH THE SOUTH CAROLINA TOBACCO COMMUNITY DEVELOPMENT BOARD, AND TO PROVIDE FOR ITS MEMBERSHIP, POWERS, AND DUTIES RELATING TO THE ALLOCATION OF PRIVATE TRUST FUNDS AMONG TOBACCO GROWERS AND TOBACCO QUOTA HOLDERS; TO AMEND SECTION 1-23-10, RELATING TO THE ADMINISTRATIVE PROCEDURES ACT, SO AS TO EXEMPT THE BOARD FROM ITS SCOPE; TO AMEND SECTION 8-13-770, AS AMENDED, RELATING TO THE PROHIBITION AGAINST LEGISLATIVE MEMBERS SERVING ON STATE BOARDS AND COMMISSIONS, SO AS TO INCLUDE THE TOBACCO COMMUNITY DEVELOPMENT BOARD AS AN EXCEPTION TO THIS PROHIBITION, AND TO AMEND SECTION 15-78-60, AS AMENDED, RELATING TO THE EXCEPTIONS TO THE WAIVER OF IMMUNITY UNDER THE TORT CLAIMS ACT, SO AS TO ADD AS AN EXCEPTION THE ACTIONS OF THE TOBACCO COMMUNITY DEVELOPMENT BOARD.
Whereas, the Master Settlement Agreement, signed by South Carolina and tobacco manufacturers on November 23, 1998, provided that the participating manufacturers, as defined in that agreement, would meet with the political leadership of states with tobacco growing communities to address economic concerns; and
Whereas, those meetings have resulted in a proposed settlement among the tobacco manufacturers and tobacco growing states entitled the National Tobacco Grower Settlement Trust; and
Whereas, this trust will assist tobacco growers and quota owners; and
Whereas, one requirement of the trust is the establishment of a state certification entity; and
Whereas, the legislative enactment of the Tobacco Community Development Board with its powers and authority is consistent with the requirements of the trust; and
Whereas, this board serves the interests of this State by assisting the communities that may suffer adverse economic results from the impact of the Master Settlement Agreement on tobacco growers and quota holders. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
Tobacco Community Development Board established; membership; purpose
SECTION 1. Title 46 of the 1976 Code is amended by adding:
Section 46-30-210. As used in this article:
(1) 'Board' means the South Carolina Tobacco Community Development Board.
(2) 'Master Settlement Agreement' means the settlement agreement and related documents entered into on November 23, 1998, by the State and United States tobacco product manufacturers. The Master Settlement Agreement shall be transmitted by the Attorney General to the Secretary of State, maintained as a permanent record in the office of the Secretary of State, and be available as a copy or certified copy to members of the public, upon request and payment of copying costs.
(3) 'Tobacco grower' means an individual or entity who, during a base period established by the board, was one or more of the following:
(a) the principal producer of tobacco for use in cigarettes on a farm where tobacco was produced pursuant to a tobacco farm marketing quota or farm acreage allotment established under the Agricultural Adjustment Act of 1938, 7 U.S.C. Section 1281. This definition may include an operator, tenant, or sharecropper who shared in the risk of producing a crop and who was entitled to share in the revenues derived from marketing the cigarette tobacco crop from the farm;
(b) a producer who owned a farm that produced tobacco for use in cigarettes pursuant to a lease and transfer to that farm of all or a part of a tobacco farm marketing quota or farm acreage allotment established under the Agricultural Adjustment Act of 1938, 7 U.S.C. Section 1281.
(c) a producer who rented farm land to produce tobacco for use in cigarettes under a tobacco farm marketing quota or farm acreage allotment established under the Agricultural Adjustment Act of 1938, 7 U.S.C. Section 1281.
(d) In the event of the death of a 'tobacco grower', 'tobacco grower' also shall include the estate, any trust for family members, and any successors in interest of the 'tobacco grower' as established to the satisfaction of the board.
(4) 'Tobacco quota owner' means the owner of record of a tobacco farm marketing quota or farm acreage allotment established under the Agricultural Adjustment Act of 1938, 7 U.S.C. Section 1281, during a base period established by the board.
In the event of the death of a 'tobacco quota owner', 'tobacco quota owner' also shall include the estate, any trust for family members, and any successors in interest of the 'tobacco quota owner' as established to the satisfaction of the board.
(5) 'Trust' means the National Tobacco Grower Settlement Trust.
Section 46-30-230. (A) There is created the South Carolina Tobacco Community Development Board. The board is composed of the following fourteen members:
(1) Governor who shall serve as chairman;
(2) Commissioner of Agriculture who shall serve as vice-chairman;
(3) Attorney General who shall serve as secretary;
(4) one member of the State Senate to be appointed by the President of the Senate;
(5) one member of the House of Representatives to be appointed by the Speaker of the House of Representatives;
(6) two members of the state's congressional delegation selected by a majority of the delegation with each member having one vote;
(7) six active flue-cured tobacco farmers of the State to be appointed by the Governor; and
(8) one citizen of the State with a distinguished record of public service to be appointed by the Governor.
(B) The chairman, vice-chairman, secretary, and congressional members serve by virtue of their office. The Senate and House members serve at the pleasure of the President of the Senate and the Speaker of the House of Representatives, respectively. The members of the board appointed by the Governor serve at the Governor's pleasure.
(C) Members serve for a term of four years and until their successors are appointed and qualify. A vacancy on the board must be filled in the same manner as the original appointment for the remainder of the term. A member is not eligible to serve more than two successive four-year terms; however, two additional terms may be served by a member appointed to fill a vacancy when the remainder of that term is three years or less.
(D) Notwithstanding the provisions of subsection (C), the initial members of the board listed below shall serve a two-year term:
(1) one member of the congressional delegation;
(2) three of the tobacco farmers; and
(3) the citizen with a distinguished record of public service.
The other initial members of the board shall serve a four-year term. Successors to each member whose term has expired shall then serve a four-year term.
(E) Members of the board serve without pay but are allowed the usual mileage, per diem, and subsistence as provided by law for members of state boards, committees, and commissions.
(F) Notwithstanding any other provision of law, tobacco farmers may serve on the board; provided, however, members of the board and its employees are subject to the provisions of Chapter 13 of Title 8 of the 1976 Code, the Ethics, Government Accountability and Campaign Reform Act, and Chapter 17 of Title 2 of the 1976 Code, the Lobbyist Reform Act.
Section 46-30-250. (1) The board is established for the purposes of:
(a) assisting the trust in providing economic aid to the tobacco growers and tobacco quota holders within the State in a manner consistent with provisions of the trust agreement executed by the State for the trust such as:
(i) identifying the tobacco growers and tobacco quota holders of the State that shall receive a payment from the trust;
(ii) determining the respective amount of payment the eligible tobacco farmer and tobacco quota holder shall receive; and
(iii) submitting this information to the trustees of the trust;
(b) carrying out any other responsibilities that assist the trust agreement and are consistent with state law and the purposes of this article.
(2) The board has the power to do any and all lawful acts that may be necessary for the furtherance and accomplishments of the purposes of this board.
Section 46-30-270. For administrative assistance, the board may use the services of the Department of Agriculture or other agencies as needed.
Section 46-30-290. The board and its actions are not subject to Chapter 23 of Title 1, the Administrative Procedures Act.
Section 46-30-310. Monies paid out by the trust to the board, tobacco growers, and tobacco quota owners may not be used, directly or indirectly, to influence legislation or to participate in political campaigns."
Definition in Administrative Procedures Act; exception
SECTION 2. Section 1-23-10(1) of the 1976 Code is amended to read:
"(1) 'Agency' or 'state agency' means each state board, commission, department, executive department or officer, other than the legislature, the courts, or the South Carolina Tobacco Community Development Board, authorized by law to make regulations or to determine contested cases;"
Exception to prohibition against legislator serving on board or commission
SECTION 3. Section 8-13-770 of the 1976 Code, as last amended by Act 419 of 1998, is further amended to read:
"Section 8-13-770. A member of the General Assembly may not serve in any capacity as a member of a state board or commission, except for the State Budget and Control Board, the Advisory Commission on Intergovernmental Relations, the Legislative Audit Council, the Legislative Council, the Legislative Information Systems, the Judicial Council, the Sentencing Guidelines Commission, the Commission on Prosecution Coordination, the South Carolina Tobacco Community Development Board, and the joint legislative committees."
Tort Claims Act; exception to waiver of immunity
SECTION 4. Section 15-78-60 of the 1976 Code, as last amended by Act 35 of 1997, is amended by adding an appropriately numbered item to read:
"( ) the performance of any duty related to the service of the members of the Tobacco Community Development Board."
SECTION 5. If a provision of this article or the application of a provision to a person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this article which may be given effect without the invalid provision or application. To this end, the provisions of this article are severable.
SECTION 6. This act takes effect upon approval by the Governor.
Ratified the 9th day of June, 1999.
Approved the 11th day of June, 1999.
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