MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Agriculture

By: Representative Smith (39th)

AN ACT TO AMEND SECTION 69-37-23, MISSISSIPPI CODE OF 1972, TO REMOVE THE LIEN REQUIREMENT ON THE COTTON GROWN IN AREAS WHERE ASSESSMENTS ARE ESTABLISHED UNDER THE MISSISSIPPI BOLL WEEVIL MANAGEMENT ACT; AND FOR RELATED PURPOSES. 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 69-37-23, Mississippi Code of 1972, is amended as follows:

69-37-23.  * * * (1) A cotton grower who fails to pay when due and upon reasonable notice any assessment levied under this chapter shall be subject to a per acre penalty as established in the bureau's regulations, in addition to the assessment.

(2) Commercial cotton which is located in sites that cannot be treated adequately because of health, environmental or other concerns shall be deemed to be a public nuisance and shall be destroyed promptly. The commissioner, with the consent of the Certified Cotton Growers Organization and the approval of the Attorney General, may apply to the circuit court of the judicial circuit in which the public nuisance is located to have the nuisance condemned and destroyed. This injunctive relief shall be available to the commissioner notwithstanding the existence of any other legal remedy and the commissioner shall not be required to file a bond.

In such cases where commercial cotton is destroyed because of prevented treatment due to health or environmental concerns, the owner of such cotton shall be compensated for that portion of of the crop that is destroyed. The per acre amount of such payments shall be based on a reasonable estimate of the value of the crop as determined by the commissioner in consultation with the Certified Cotton Growers Organization and the affected producer. Payments for such losses shall be funded by assessment fees paid by cotton growers within the designated region and administered by the Certified Cotton Growers Organization.

SECTION 2. This act shall take effect and be in force from and after July 1, 1998.