Current through Register Vol. 48, 12, December 27, 2024
Section 5-2 - South Carolina Soybean Board1. Establishment and Membership. A Soybean Board is hereby established with such powers and duties as are authorized by the Act and by subsection 9 of this section. The Board shall be composed of twelve (12) members elected by districts as provided in subsection 2 of this section, and an ex-officio member as specified by the Act.2. Representative Districts. For the purpose of nomination and selection of producer members of the Board, the affected area shall be divided into five (5) representative districts as follows:a. "District Number 1" shall be and include the counties of Oconee, Pickens, Anderson, Greenville, Spartanburg, Cherokee, York, Lancaster, Abbeville, Laurens, Union, Chester, McCormick, Greenwood, Newberry, Saluda, and Fairfield.b. "District Number 2" shall be and include the counties of Edgefield, Aiken, Barnwell, Hampton, Allendale, Bamberg, Orangeburg, Calhoun, Richland, and Lexington.c. "District Number 3" shall be and include the counties of Chesterfield, Marlboro, Dillon, Florence, Darlington, Clarendon, Sumter, Lee, and Kershaw.d. "District Number 4" shall be and include the counties of Williamsburg, Georgetown, Marion, and Horry.e. "District Number 5" shall be and include the counties of Jasper, Beaufort, Colleton, Dorchester, Berkeley, and Charleston.3. Membership.a. Producer members of the Board shall be elected from each district as follows: 1) One of the producer members, being position number 1, shall be elected from District Number 1.2) Four of the producer members, being positions number 2, 3, 4, and 5, shall be elected from District Number 2.3) Four of the producer members being positions number 6, 7, 8, and 9, shall be elected from District Number 3.4) Two of the producer members, being positions number 10 and 11, shall be elected from District Number 4.5) One of the producer members, being position number 12, shall be elected from District Number 5.b. One ex-officio member, being position number 13, shall be appointed by the Commission as specified by Section 46-17-190. This ex-officio member shall be without vote in the actions of the Board.4. Membership Qualifications. Board members shall be citizens and residents of the State of South Carolina, over the age of twenty-five (25) years. Producer members shall have been actually engaged in producing soybeans within this State for a period of five years and have during this period derived a substantial portion of their individual incomes therefrom. Producer members of the Board shall be active producers of soybeans in the district in and for which they are nominated and elected. The qualifications of producer members as set forth herein must continue during their term of office. The ex-officio member so designated by the Commission shall be either a soybean producer, a person active in or interested in matters related to soybeans, or a person not so related.5. Term of Office; Initial Board. The term of office of the elected producer members shall be three (3) years from the date of their election and until their successors are elected and qualified. The initial members of the Board shall serve from the effective date of this Marketing Order in terms of office terminating as follows: Positions 1, 2, 6 and 10 shall terminate on December 31 nearest to three (3) years from the effective date of this Marketing Order; positions 3, 4, 7 and 11 shall terminate on December 31 nearest to two (2) years from the effective date of this Marketing Order; and positions 5, 8, 9 and 12 shall terminate on December 31 nearest to one year from the date of this Marketing Order. The term of office for the ex-officio member, being position Number 13, shall terminate three (3) years from the effective date of this Marketing Order.6. Nomination and Election of Board Members. a. Not earlier than September 20 and not later than October 1 of each year, the Commission shall give notice by mail to all producers, in a district wherein a vacancy will occur in the Board, of such vacancy or such vacancies and call for nominations. Nominations of candidates for election shall be oral and shall follow such order and procedures as are specified by the Commission with the advice of the Board. The notice of such vacancies shall specify the date and time for a separate nominating meeting of affected producers in each required district at which meeting oral nominating petitions shall be accepted by the Commission. Each oral nomination shall be seconded by no less than five (5) qualified producers, which seconding action shall be indicated by standing as the nomination is placed. Said nominating meetings shall be completed in each required district no later than October 15 of each year. Nominations may also be made within five (5) days after such meeting by written petition filed with the Commission and signed by not less than five (5) affected producers entitled to participate in such a meeting.b. Notice of every nominating meeting shall be published in a newspaper of general circulation within each district in which a vacancy shall occur not less than ten (10) days in advance of the date of such meeting. Written notice of every such meeting shall be posted on a public bulletin board as provided by Section 46-17-80.c. Producer members shall be elected by secret mailed ballot to fill such vacancies as shall occur annually in the Board. Ballots shall be distributed to affected producers of record by mail no earlier than October 25 and no later than November 1 of each year. Each affected producer shall be entitled to one (1) vote. Provisions shall be made by the Commission with the advice of the Board to provide ballots to any qualified producer whose name does not appear on the list of producers maintained by the Commission pursuant to Section 46-17-170 and who requests such ballot by mail or in person. Adequate control of ballots shall be maintained by the Commission with the advice of the Board.d. Ballots will be returned by affected producers no earlier than November 1 and no later than November 30 of each year. Ballots shall be returned to the Commission by mail to such address as may be determined by the Commission and which shall be clearly stated along with the voting period at the head of each ballot. Such mailed ballot shall be conducted in such a way and manner that it shall be a secret ballot in accordance with rules and regulations to be promulgated by the Commission. Newly elected and properly certified members of the Board shall take office on January 1 of each year. The Chairman of the Commission shall administer an appropriate oath of office to each member of the Board at such time and place as shall be proper.e. With respect to the initial Board, the Commission shall call for and receive nominations at the issuance hearings required by Section 46-17-70.7. Vacancies. To fill any producer vacancy on the Board occasioned by the failure to qualify of any person elected by the affected producers as a member of the Board, or in the event of the death, removal, resignation, or disqualification of any member, the remaining members shall select a person qualified for membership as provided by the Act and subsection 5 of this regulation for appointment by the Commission to fill the unexpired term. A qualified person shall be appointed by the Commission to fill the ex-officio membership to complete any unexpired term which occurs.8. Powers and Duties of Board. The Board shall have the following powers and duties: a. To administer, enforce, direct, and control the provisions of this Marketing Order as its administrative board pursuant to the authority contained in Section 46-17-270(f).b. To elect a chairman and such other officers as it deems necessary; and to select and instruct subcommittees of Board members. The ex-officio member, being position Number 13, shall call the initial meeting and shall preside until a chairman is properly elected.c. To adopt, rescind, and amend rules and regulations reasonably necessary for the administration and operation of the Board and the enforcement of its duties under this Marketing Order.d. To employ and discharge at its discretion such administrators and additional personnel, attorneys, advertising, promotional and research agencies, and other persons and firms that it may deem appropriate and pay compensation to the same according to the provisions of the Act.e. To accept donations, gifts, and other property to be used for Board purposes.f. To exercise the powers and authority conferred by law upon corporations.g. To keep accurate records of all receipts and disbursements, which records shall be open to inspection and audit by the Commission and other legal agencies of the State, and to make annual reports therefrom to the Commission.h. To prepare a budget or budgets covering anticipated income and expenses to be incurred in carrying out the provisions of this Marketing Order during each fiscal year.i. To assist the Commission in collecting the assessments of producers as provided in this Marketing Order and to expend the same in accordance with and to effectuate the purpose of the Act and this Marketing Order.9. Procedure for Board. a. The Board shall by resolution establish a headquarters which shall continue as such unless and until so changed by the Board, at which headquarters shall be kept the books, records, and minutes of the Board meetings.b. The Board shall hold regular meetings at least quarterly, with the time and date thereof to be fixed by the resolution of the Board. Seven (7) of the voting members of the Board shall constitute a quorum for the transaction of all business and the carrying out of all duties of the Board.c. The Board may hold such special meetings as it may deem advisable and shall establish by resolution the time, place, and manner of calling such special meetings with reasonable notice to the members, provided, however, that the notice of any special meeting may be waived by a waiver thereof signed by not less than a quorum of the voting membership.d. Any action taken by the Board shall require the majority vote of the members present, provided a quorum is present.e. The members of the Board shall receive no salary but shall be allowed the usual mileage, subsistence and per diem as authorized by law for commissions, committees and boards which shall be paid out of Board funds. The ex-officio member shall be reimbursed by the Commission or the Department for the actual expenses incurred in the performance of his duties.10. Limitation of Liability of Board Members and Employees. Obligations incurred by the Board and any other liabilities or claims against the Board shall be enforced only against the assets of the Board in the same manner as if it were a corporation and no liability for the debts or actions of the Board shall exist against either the State of South Carolina or any subdivision or instrumentality thereof or against any other Board or Commission established pursuant to the Act or the assets thereof or against any member, officer, employee, or agent of the Board in his individual capacity. The members of the Board, including employees thereof, shall not be held responsible individually in any way whatsoever to any person for errors in judgment, mistakes, or other acts, either of commission or omission, as principal, agent, person, or employee, except for their own individual acts of dishonesty or crime. No such person or employee shall be held responsible individually for the act of omission of any other member of the Board. The liability of the members of the Board shall be several and not joint and no member shall be liable for the default of any other members.