3-1086.02. Pink bollworm eradication program; fee; registration; civil penalties

A. The council may organize and implement a pink bollworm eradication program. The council shall conduct a referendum among eligible cotton producers, as determined by the council, with the assistance of the department and appropriate federal agencies, on the question of establishing a program and fee. The ballot for the referendum shall present the question, " Shall a pink bollworm eradication program and fee of not more than thirty-two dollars per planted acre of cotton be established in this state?" with spaces in which the voter can indicate a vote for or against the proposal. The program may not be established unless either:

1. At least sixty-six per cent of those voting approve of the program.

2. Those voting to approve the program represent more than fifty per cent of the cotton acreage in this state, as determined by the council.

B. If approved, the council may choose to either implement a statewide eradication program or establish regional areas in this state for implementation of an eradication program.

C. The authority to assess and collect the pink bollworm eradication program fee under this section terminates four years after the date establishing the pink bollworm eradication program statewide or four years after the date implementing a pink bollworm eradication program in a region.

D. After a pink bollworm eradication program has been established under this section:

1. The council may assess a fee on or before July 1 each year of not more than thirty-two dollars per planted acre of cotton to control the pink bollworm. Title 41, chapter 6 does not apply to setting the fee under this section, but the council shall provide thirty days' advance notice of the meeting at which the fee will be adopted and the proposed amount of the fee. The fee shall be based on a detailed expenditure plan for that year to control the pink bollworm in non-Bt fields. The council shall approve the expenditure plan before establishing the fee. The council shall provide a copy of the proposed annual expenditure plan to all producers who request a copy within ten days before the meeting at which the fee will be adopted. The council shall receive public testimony at the meeting regarding the fee.

2. The council shall waive the fee for each planted acre of Bt cotton.

3. Thirty days after the date established by rules adopted pursuant to chapter 2, article 1 of this title for abatement of the nuisance of cotton or cotton stubble, each producer shall register each acre of non-Bt cotton with the council on forms prescribed by the council and shall pay the fee in full to the council within sixty days of registration, unless the producer's lender guarantees payment or other arrangements are made to the council's satisfaction or under terms established by the council. The council, at its discretion, may permit late registration.

4. A producer shall not plant non-Bt cotton after the dates established in rules adopted pursuant to chapter 2, article 1 of this title without written permission of the council.

5. The council may impose a civil penalty against a producer of not more than two hundred dollars per acre for each planted acre of non-Bt cotton for failure to register or failure to pay the fee when due under this section.

6. The council shall rebate, under terms established by the council, any collected fees that are not spent for protection from pink bollworm in non-Bt cotton fields statewide or in a region in which the fees were collected.