3-1083

3-1083. Council powers and duties

A. The council shall:

1. Receive and disburse monies to be used in administering the provisions of this
article.

2. Meet at least once each calendar quarter and more frequently on the call of the
chairman or by five members of the council.

3. Annually elect a chairman from among its members.

4. Elect a secretary and treasurer from among its members.

5. Establish an executive committee consisting of the chairman, secretary and
treasurer. The executive committee shall act in accordance with the direction received
from the council or, if necessary, the executive committee shall act and bring the matter
before the full council at the next regular meeting of the council for review and
ratification.

6. Provide for a triennial audit of its accounts by a qualified public accounting
firm and additional audits as the council may require and make an annual financial
statement available to any producer and the auditor general on request.

7. Keep and maintain a permanent record of its proceedings and make these records
available for public inspection for any lawful purpose.

8. Prepare an annual report of its activities, receipts and expenditures. The
report shall be submitted to the governor, other state officers as the council determines
and other persons in the cotton industry in this state as may be appropriate. Copies of
the annual report shall be available to any interested cotton producer and the general
public on request.

9. Organize and administer any referendum called under subsection C, paragraph 6 of
this section.

10. Reimburse the department for costs incurred in the abatement of cotton fields
under section 3-204, subsection G and section 3-205, subsection G from monies authorized
for abatement of cotton fields pursuant to section 3-1087, subsection B, if monies are
available.

B. The council may authorize or contract for any of the following programs:

1. Those research programs that are related to cotton production or its protection,
including cotton seed breeding or other research programs to develop germplasm.

2. The execution of nuisance abatements related to cotton protection as provided
for under sections 3-204 and 3-205.

3. Programs of aflatoxin control and cotton pest eradication.

4. A program to refund collected fees to cotton producers to provide an incentive
to abate cotton fields to be administered in cooperation with the department.

5. Any other programs that the council deems to be appropriate for furthering the
purposes of this article.

C. The council may:

1. Adopt rules necessary to promptly and effectively administer the provisions of
this article.

2. Award grants of monies, property, services or other assistance to public or
private recipients for the express purpose of furthering the objectives of this article,
including research programs related to cotton protection and production authorized by the
council.

3. Accept grants and donations of monies, property, services or other assistance
from public or private sources for the express purpose of furthering the objectives of
this article.

4. Investigate and prosecute in the name of this state any action or suit to
enforce the collection or ensure payment of the fees authorized and to sue and be sued in
the name of the council.

5. Buy and sell seed and other products used in the council's aflatoxin control
program, extend credit in connection with the sale and distribution of treated seed and
other products, collect and enforce debts or obligations with respect to extended credit
and take a security interest in collateral of all kinds, including real and personal
property to secure the credit.

6. Cooperate with any local, state and national organizations or agencies engaged
in activities similar to or related to those of the council and enter into contracts with
these organizations or agencies for carrying on joint programs.

7. Acquire and protect patents, licenses or certificates of protection for plant
varieties resulting from seed breeding or other programs authorized by the council and
grant licenses to use intellectual property rights held by the council.

8. Act jointly and in cooperation with this state or any other state or the federal
government in the administration of any program deemed by the council as beneficial to
the cotton industry of this state.

9. Refer to the cotton producers in this state for an advisory vote the question of
establishing, continuing or discontinuing any program authorized by this article.

10. Expend monies for public relations programs that are organized to promote the
cotton industry or agriculture in this state.

11. Purchase motor vehicles for the administration of its own motor vehicle fleet
and provide for its operation and maintenance.

D. No member may serve in the same executive office of the council for more than
three consecutive years.