Bill Summary for H 816 (2013-2014)

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Summary date: 

Jun 25 2013

Bill Information:

View NCGA Bill Details2013-2014 Session
House Bill 816 (Public) Filed Wednesday, April 10, 2013
A BILL TO BE ENTITLED AN ACT TO AUTHORIZE TOBACCO GROWERS TO ASSESS THEMSELVES TO PROMOTE THE INTERESTS OF TOBACCO GROWERS.
Intro. by Langdon.

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Bill summary

Senate committee substitute makes the following changes to the 2nd edition.

Amends GS 106-568.43, concerning the referendum provision of the Tobacco Growers Assessment Act, providing that the Tobacco Growers Association of North Carolina Inc. (Association) will determine the amount of the proposed assessment and the date by which the referendum ballot must be returned by mail (previously, required the Association to determine the time and place of the referendum, procedures for conducting the referendum and the counting of votes, and other matters pertaining to the referendum). Adds new subsection that provides that the Association will mail a referendum ballot to all known tobacco growers in North Carolina at least three months prior to the due date of the ballot. Requires the Association to, for the greater of three months or 90 days before the date the ballot must be returned,  (1) provide a printable referendum ballot on the Association's official website and (2) make hard copies of the ballot available at all county NC Cooperative Extension Service offices. Ballots are required to be returned to the Commissioner of Agriculture by the date set by the Association. Requires the Department of Agriculture to count the votes and report the results to the Association.

Amends GS 106-568.44, concerning the payment and collection of the assessment, making a technical change.

Amends GS 106-568.45, changing the title of the section to Use of Assessments; refunds; annual audit (was, Use of Assessments; refunds). Makes a clarifying change regarding the annual report on the collection and use of assessment funds. Requires the Association to publicly post the annual report on its official website at least 30 days before the Association's annual meeting.  Provides that a tobacco grower can request a refund of the assessment funds collected by submitting a written request to the Association postmarked on or before December 31 of the same year (was, by submitting a written request within 30 days from the last date on which the assessment was collected from the grower). Directs the Association to designate a third party to conduct an annual audit of the implementation of this Article. Provides that the Association will designate the time at which the audit can be conducted each year, requiring that the results of the audit must be available before or in conjunction with the annual report.