§ 69-37-17. Referenda, at request of Certified Cotton Growers Organization, as to assessments on cotton growers; character and disposition of funds assessed.
At the request of the Certified Cotton Growers Organization the bureau shall authorize a statewide referendum among all Mississippi cotton growers on the question of whether an assessment, not to exceed One Dollar ($1.00) per acre, shall be levied upon all cotton producers to offset, in whole or in part, the cost of maintaining the Certified Cotton Growers Organization, conducting referenda, and/or conducting a program to collect data and information on boll weevil populations and control costs. However, the votes in such a statewide referendum shall be counted on a regional basis and any region voting against such an assessment shall not participate in the data-collecting programs and shall not be assessed. Any assessments in regions approving participation in such data-collecting programs would be in addition to assessments being collected to support any other boll weevil management programs in the various regions.
(1) At the request of the Certified Cotton Growers Organization the bureau shall authorize a referendum among cotton growers in a designated region on the question of whether an assessment, not to exceed Forty Dollars ($40.00) per acre, shall be levied upon cotton growers in that region to offset, in whole or in part, the cost of boll weevil suppression, pre-eradication, or eradication programs authorized by this chapter or by any other law of this state. Such programs shall be designed on a regional basis so as to reflect the differences in boll weevil infestation and the relative cost of financing a boll weevil suppression, pre-eradication or eradication program among the respective regions.
(2) The assessment levied under this chapter shall be based upon the level of boll weevil infestation and the anticipated cost of conducting the proposed program, as determined by scientists on the Technical Advisory Committee of the Certified Cotton Growers Organization, and the number of acres of cotton planted in the specified management zone. The amount of the assessment, the period of time for which it shall be levied, how it shall be levied, when it shall be paid and the geographical area to be covered by the assessment shall be determined by the bureau and the board of the Certified Cotton Growers Organization and established by regulations according to this section. The amount of any such assessment, the period of time for which it shall be levied, and when the payment is due shall appear on all ballots for the referendum.
(3) All affected cotton growers shall be entitled to vote in any such referendum and the bureau, after consultation with the Certified Cotton Growers Organization, shall determine any questions of eligibility to vote. A cotton grower must be growing cotton within a specified region in order to be eligible to vote in elections and referenda concerning that region.
(4) Each eligible cotton grower shall be mailed a ballot upon which to cast a vote for or against the boll weevil suppression, pre-eradication or eradication program in his or her region.
(5) Passage of such a referendum shall require that at least fifty percent (50%) of the registered cotton growers in the affected area vote in the referendum and that a two-thirds (2/3) majority of those voting approve the referendum.
(6) The assessments collected by the department under this act shall be promptly remitted to the Certified Cotton Growers Organization under such terms and conditions as the commissioner deems necessary to ensure that such assessments are used properly in implementing the designated boll weevil management program.
(7) The Certified Cotton Growers Organization shall provide to the department an annual audit of its accounts performed by a certified public accountant.
(8) The assessments collected by the department under this chapter shall not be "state" funds.
(9) Upon completion or termination of a program, any unused funds shall be equitably returned to the contributing growers unless affected growers agree by majority vote to some other disposition of such funds.
Sources: Laws, 1993, ch. 345, § 9, eff from and after July 1, 1993.
§ 69-37-17. Referenda, at request of Certified Cotton Growers Organization, as to assessments on cotton growers; character and disposition of funds assessed.
At the request of the Certified Cotton Growers Organization the bureau shall authorize a statewide referendum among all Mississippi cotton growers on the question of whether an assessment, not to exceed One Dollar ($1.00) per acre, shall be levied upon all cotton producers to offset, in whole or in part, the cost of maintaining the Certified Cotton Growers Organization, conducting referenda, and/or conducting a program to collect data and information on boll weevil populations and control costs. However, the votes in such a statewide referendum shall be counted on a regional basis and any region voting against such an assessment shall not participate in the data-collecting programs and shall not be assessed. Any assessments in regions approving participation in such data-collecting programs would be in addition to assessments being collected to support any other boll weevil management programs in the various regions.
(1) At the request of the Certified Cotton Growers Organization the bureau shall authorize a referendum among cotton growers in a designated region on the question of whether an assessment, not to exceed Forty Dollars ($40.00) per acre, shall be levied upon cotton growers in that region to offset, in whole or in part, the cost of boll weevil suppression, pre-eradication, or eradication programs authorized by this chapter or by any other law of this state. Such programs shall be designed on a regional basis so as to reflect the differences in boll weevil infestation and the relative cost of financing a boll weevil suppression, pre-eradication or eradication program among the respective regions.
(2) The assessment levied under this chapter shall be based upon the level of boll weevil infestation and the anticipated cost of conducting the proposed program, as determined by scientists on the Technical Advisory Committee of the Certified Cotton Growers Organization, and the number of acres of cotton planted in the specified management zone. The amount of the assessment, the period of time for which it shall be levied, how it shall be levied, when it shall be paid and the geographical area to be covered by the assessment shall be determined by the bureau and the board of the Certified Cotton Growers Organization and established by regulations according to this section. The amount of any such assessment, the period of time for which it shall be levied, and when the payment is due shall appear on all ballots for the referendum.
(3) All affected cotton growers shall be entitled to vote in any such referendum and the bureau, after consultation with the Certified Cotton Growers Organization, shall determine any questions of eligibility to vote. A cotton grower must be growing cotton within a specified region in order to be eligible to vote in elections and referenda concerning that region.
(4) Each eligible cotton grower shall be mailed a ballot upon which to cast a vote for or against the boll weevil suppression, pre-eradication or eradication program in his or her region.
(5) Passage of such a referendum shall require that at least fifty percent (50%) of the registered cotton growers in the affected area vote in the referendum and that a two-thirds (2/3) majority of those voting approve the referendum.
(6) The assessments collected by the department under this act shall be promptly remitted to the Certified Cotton Growers Organization under such terms and conditions as the commissioner deems necessary to ensure that such assessments are used properly in implementing the designated boll weevil management program.
(7) The Certified Cotton Growers Organization shall provide to the department an annual audit of its accounts performed by a certified public accountant.
(8) The assessments collected by the department under this chapter shall not be "state" funds.
(9) Upon completion or termination of a program, any unused funds shall be equitably returned to the contributing growers unless affected growers agree by majority vote to some other disposition of such funds.
Sources: Laws, 1993, ch. 345, § 9, eff from and after July 1, 1993.
§ 69-37-17. Referenda, at request of Certified Cotton Growers Organization, as to assessments on cotton growers; character and disposition of funds assessed.
At the request of the Certified Cotton Growers Organization the bureau shall authorize a statewide referendum among all Mississippi cotton growers on the question of whether an assessment, not to exceed One Dollar ($1.00) per acre, shall be levied upon all cotton producers to offset, in whole or in part, the cost of maintaining the Certified Cotton Growers Organization, conducting referenda, and/or conducting a program to collect data and information on boll weevil populations and control costs. However, the votes in such a statewide referendum shall be counted on a regional basis and any region voting against such an assessment shall not participate in the data-collecting programs and shall not be assessed. Any assessments in regions approving participation in such data-collecting programs would be in addition to assessments being collected to support any other boll weevil management programs in the various regions.
(1) At the request of the Certified Cotton Growers Organization the bureau shall authorize a referendum among cotton growers in a designated region on the question of whether an assessment, not to exceed Forty Dollars ($40.00) per acre, shall be levied upon cotton growers in that region to offset, in whole or in part, the cost of boll weevil suppression, pre-eradication, or eradication programs authorized by this chapter or by any other law of this state. Such programs shall be designed on a regional basis so as to reflect the differences in boll weevil infestation and the relative cost of financing a boll weevil suppression, pre-eradication or eradication program among the respective regions.
(2) The assessment levied under this chapter shall be based upon the level of boll weevil infestation and the anticipated cost of conducting the proposed program, as determined by scientists on the Technical Advisory Committee of the Certified Cotton Growers Organization, and the number of acres of cotton planted in the specified management zone. The amount of the assessment, the period of time for which it shall be levied, how it shall be levied, when it shall be paid and the geographical area to be covered by the assessment shall be determined by the bureau and the board of the Certified Cotton Growers Organization and established by regulations according to this section. The amount of any such assessment, the period of time for which it shall be levied, and when the payment is due shall appear on all ballots for the referendum.
(3) All affected cotton growers shall be entitled to vote in any such referendum and the bureau, after consultation with the Certified Cotton Growers Organization, shall determine any questions of eligibility to vote. A cotton grower must be growing cotton within a specified region in order to be eligible to vote in elections and referenda concerning that region.
(4) Each eligible cotton grower shall be mailed a ballot upon which to cast a vote for or against the boll weevil suppression, pre-eradication or eradication program in his or her region.
(5) Passage of such a referendum shall require that at least fifty percent (50%) of the registered cotton growers in the affected area vote in the referendum and that a two-thirds (2/3) majority of those voting approve the referendum.
(6) The assessments collected by the department under this act shall be promptly remitted to the Certified Cotton Growers Organization under such terms and conditions as the commissioner deems necessary to ensure that such assessments are used properly in implementing the designated boll weevil management program.
(7) The Certified Cotton Growers Organization shall provide to the department an annual audit of its accounts performed by a certified public accountant.
(8) The assessments collected by the department under this chapter shall not be "state" funds.
(9) Upon completion or termination of a program, any unused funds shall be equitably returned to the contributing growers unless affected growers agree by majority vote to some other disposition of such funds.
Sources: Laws, 1993, ch. 345, § 9, eff from and after July 1, 1993.
