MISSISSIPPI LEGISLATURE
2010 Regular Session
To: Agriculture
By: Representative Ward
AN ACT TO REMOVE THE CERTIFICATION OF THE CERTIFIED COTTON GROWERS ASSOCIATION BY THE BUREAU OF PLANT INDUSTRY AS THE ADMINISTERING AUTHORITY TO PLAN AND IMPLEMENT BOLL WEEVIL MANAGEMENT PROGRAMS IN THIS STATE; TO TRANSFER THOSE DUTIES BELONGING TO THE ASSOCIATION TO THE BOLL WEEVIL MANAGEMENT BOARD; TO PROVIDE THAT THE ADMINISTRATION, PLANNING AND IMPLEMENTATION OF BOLL WEEVIL MANAGEMENT PROGRAMS SHALL BE UNDER THE JURISDICTION OF THE BOLL WEEVIL MANAGEMENT BOARD; TO AMEND SECTIONS 69-37-3, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE MANAGEMENT OF BOLL WEEVIL SUPPRESSION, PRE-ERADICATION AND ERADICATION PROGRAMS IN THE STATE OF MISSISSIPPI; TO PROVIDE FOR THE CERTIFICATION OF A STATEWIDE MANAGEMENT BOARD FOR THE MANAGEMENT OF THOSE PROGRAMS; TO AMEND SECTION 69-37-5, MISSISSIPPI CODE OF 1972, TO DEFINE CERTAIN TERMS AS USED IN THIS ACT; TO AMEND SECTION 69-37-7, MISSISSIPPI CODE OF 1972, IN CONFORMITY WITH THE PROVISIONS OF THIS ACT; TO BRING FORWARD SECTIONS 69-37-9 AND 69-37-11, MISSISSIPPI CODE OF 1972, FOR THE PURPOSES OF POSSIBLE AMENDMENT; TO AMEND SECTION 69-37-13, MISSISSIPPI CODE OF 1972, TO ALLOW THE BOLL WEEVIL MANAGEMENT BOARD, UPON CERTIFICATION BY THE BUREAU, TO ENTER INTO CERTAIN AGREEMENTS FOR THE PURPOSES OF CARRYING OUT THE PROVISIONS OF THIS ACT; TO SPECIFY THE ELIGIBILITY REQUIREMENTS TO BE MET BY THE BOARD FOR CERTIFICATION BY THE BUREAU; TO PROVIDE FOR THE COMPOSITION OF THE BOARD; TO AMEND SECTION 69-37-15, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE BOARD SHALL BE CERTIFIED AS THE OFFICIAL ADMINISTRATIVE AND REGULATORY BODY FOR ALL MISSISSIPPI COTTON GROWERS UPON A DETERMINATION BY THE BUREAU THAT ALL REQUIREMENTS FOR CERTIFICATION HAVE BEEN MET; TO PROVIDE THAT THE BUREAU MAY REVOKE THE CERTIFICATION OF THE BOARD IF CERTAIN REQUIREMENTS ARE NOT MET; TO AMEND SECTION 69-37-17, MISSISSIPPI CODE OF 1972, TO REMOVE THE REQUIREMENT THAT VOTES IN A STATEWIDE REFERENDUM AMONG MISSISSIPPI COTTON GROWERS ON THE QUESTION OF WHETHER AN ASSESSMENT SHALL BE LEVIED ON ALL COTTON PRODUCERS TO OFFSET CERTAIN ADMINISTRATIVE COSTS BE COUNTED ON A REGIONAL BASIS; TO REQUIRE THE BUREAU, AT THE REQUEST OF THE BOARD, TO AUTHORIZE A STATEWIDE REFERENDUM AMONG ALL MISSISSIPPI COTTON GROWERS ON THE QUESTION OF WHETHER AN ASSESSMENT SHALL BE LEVIED ON ALL COTTON GROWERS TO OFFSET THE COSTS OF MANAGING BOLL WEEVIL MANAGEMENT PROGRAMS; TO REQUIRE THE VOTES IN THAT REFERENDUM TO BE COUNTED ON A REGIONAL BASIS, AS THOSE REGIONS EXISTED BEFORE JULY 1, 2010; TO REQUIRE ALL COTTON GROWERS HAVING MEMBERSHIP IN A LOCAL COTTON GROWERS ASSOCIATION TO BE ENTITLED TO VOTE IN THE REFERENDUM; TO PROVIDE THAT COTTON GROWERS MUST GROW COTTON IN THIS STATE AND BE A MEMBER OF A LOCAL COTTON GROWERS ASSOCIATION IN ORDER TO BE ELIGIBLE TO VOTE IN ELECTIONS AND REFERENDA CONCERNING BOLL WEEVIL MANAGEMENT PRACTICES; TO REQUIRE THAT AT LEAST TWENTY PERCENT OF THE REGISTERED COTTON GROWERS IN EACH REGION, AS THOSE REGIONS EXISTED BEFORE JULY 1, 2010, MUST VOTE IN THE REFERENDUM AND THAT A MAJORITY OF THOSE VOTING STATEWIDE APPROVE THE REFERENDUM FOR PASSAGE OF THE REFERENDUM ON A STATEWIDE LEVEL; TO REQUIRE THAT ANY UNUSED FUNDS REMAINING AT THE COMPLETION OR TERMINATION OF A PROGRAM BE TRANSFERRED AND DEPOSITED INTO THE BOLL WEEVIL MANAGEMENT FUND FOR THE PURPOSE OF BEING USED IF THERE SHOULD BE A FUTURE OCCURRENCE OF A BOLL WEEVIL OUTBREAK IN THE STATE; TO AMEND SECTION 69-37-19, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PROVISIONS OF THIS ACT; TO AMEND SECTION 69-37-21, MISSISSIPPI CODE OF 1972, TO REQUIRE THAT ANY RECOMMENDATION BY THE BOARD TO MODIFY THE ASSESSMENT FEE LEVIED UPON COTTON GROWERS BE SUBMITTED TO AND APPROVED BY THE COMMISSIONER OF AGRICULTURE AND COMMERCE BEFORE THE REFERENDUM IS HELD; TO AMEND SECTION 69-37-23, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PROVISIONS OF THIS ACT; TO BRING FORWARD SECTION 69-37-25, MISSISSIPPI CODE OF 1972, FOR THE PURPOSES OF POSSIBLE AMENDMENT; TO AMEND SECTION 69-37-27, MISSISSIPPI CODE OF 1972, TO REMOVE THE REQUIREMENT THAT COTTON GROWERS IN CERTAIN REGIONS APPROVE BY REFERENDUM THE IMPLEMENTATION OF CERTAIN BOLL WEEVIL MANAGEMENT PROGRAMS; TO AMEND SECTION 69-37-29, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PROVISIONS OF THIS ACT; TO AMEND SECTION 69-37-31, MISSISSIPPI CODE OF 1972, TO REMOVE THE EXEMPTION FROM COMPLIANCE WITH THE RULES AND REGULATIONS PROMULGATED BY THE BUREAU AND THE BOARD PROVIDED TO CERTAIN REGIONS NOT APPROVING PARTICIPATION IN ANY BOLL WEEVIL MANAGEMENT PROGRAM THROUGH REFERENDA; TO BRING FORWARD SECTION 69-37-33, MISSISSIPPI CODE OF 1972, FOR THE PURPOSES OF POSSIBLE AMENDMENT; TO AMEND SECTIONS 69-37-35, 69-37-37 AND 69-37-39, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. From and after July 1, 2010, The Certified Cotton Growers Association shall no longer be certified by the Bureau of Plant Industry as the administering authority to plan and implement boll weevil management programs in this state, and all records, duties, responsibilities, assets, contractual rights and obligations relating to the administration, planning and implementation of boll weevil management programs in this state shall be under the jurisdiction of the Boll Weevil Management Board upon certification by the bureau.
SECTION 2. Section 69-37-3, Mississippi Code of 1972, is amended as follows:
69-37-3. The Legislature has determined that the boll weevil is a public nuisance, a pest and a menace to the cotton industry. The purpose of this chapter is:
(a) To provide procedures through which cotton growers in the State of Mississippi may manage boll weevil suppression, pre-eradication or eradication programs and boll weevil containment/maintenance programs;
(b) To provide for certification of a statewide management board to cooperate with state and federal agencies in the administration of cost-sharing programs for suppression, pre-eradication or eradication of boll weevils in * * * Mississippi; and
(c) To empower the Mississippi Department of Agriculture and Commerce to promulgate and enforce regulations in support of those programs. This chapter should be construed liberally to achieve these purposes.
SECTION 3. Section 69-37-5, Mississippi Code of 1972, is amended as follows:
69-37-5. As used in this chapter, the following words shall have the meanings ascribed herein unless the context clearly requires otherwise:
(a) "Assessment" means the amount per acre to be charged each cotton grower to finance, in whole or part, a boll weevil suppression, pre-eradication or eradication program in this state. The assessments shall be based on scientifically sound data regarding the level of boll weevil infestation in the state and the anticipated cost of conducting the proposed program.
(b) "Board" means the Boll Weevil Management Board.
(c) "Boll weevil" means Anthonomus grandis Boheman in any stage of development.
(d) "Boll Weevil Management Board" means the statewide administrative board elected by all Mississippi cotton growers who are members of a local cotton growers association to serve and represent the interests and concerns of Mississippi cotton growers with respect to the administration of boll weevil management programs.
(e) "Bureau" means the Bureau of Plant Industry within the regulatory office of the Mississippi Department of Agriculture and Commerce.
(f) "Certificate" means a document issued or authorized by the Bureau of Plant Industry indicating that a regulated article is not contaminated with * * * boll weevils.
(g) "* * * Cotton growers association" means a local association with membership open to all Mississippi cotton growers * * *. * * * Cotton growers associations represent the interests and concerns of Mississippi cotton growers * * * to the * * * Boll Weevil Management Board.
(h) "Commissioner" means the Commissioner of Agriculture and Commerce.
(i) "Cotton" means any cotton plant or cotton plant products upon which the boll weevil is dependent for completion of any portion of its life cycle.
(j) "Cotton grower" means any person who under the rules and regulations of the United States Department of Agriculture is actively engaged in cotton farming.
(k) "Department" means the Mississippi Department of Agriculture and Commerce.
(l) "Eradication program" means any * * * statewide program designed to eliminate the boll weevil as an economic pest within a specified area.
(m) "Host" means any plant or plant product upon which the boll weevil is dependent for completion of any portion of its life cycle.
(n) "Infested" means actually infested with a boll weevil or so exposed to infestation that it would be considered infested according to criteria established by the Technical Advisory Committee of the Boll Weevil Management Board.
(o) "Information gathering program" means any * * * statewide program designed to gather information that will be used in administering a boll weevil management program.
(p) "Management program" means any * * * statewide program designed to suppress or eradicate the boll weevil or to gather information that will be used in planning or implementing such suppression or eradication programs.
(q) "Permit" means a document issued or authorized by the Bureau of Plant Industry to provide for the movement of regulated articles to restricted designations for limited handling, utilization or processing.
(r) "Person" means any individual, partnership, corporation, company, society, association or other business entity.
(s) "Pest" means any species of plant, animal, or microbe that adversely affects cotton production; including, but not limited to: insects, weeds, nematodes, bacteria, fungi, and viruses.
(t) "Pre-eradication program" means any * * * statewide program designed to reduce overall boll weevil populations before entering a full scale eradication program.
(u) "Region" means a specific cotton growing area within the state as defined by the Technical Advisory Committee as those regions existed before July 1, 2010, defined * * * based on similarities in boll weevil populations, cotton cultural practices, national topography and climate. * * *
(v) "Regulated article" means any article of any character carrying or capable of carrying the boll weevil, including cotton plants, seed cotton, cottonseed, other hosts, gin trash, gin equipment, mechanical cotton pickers and other equipment associated with cotton production, harvesting or processing.
(w) "Suppression" means any * * * statewide program designed to reduce overall boll weevil populations throughout the specified area.
(x) "Technical Advisory Committee" means a group of professional scientists in the fields of entomology, agronomy, agricultural economics and other appropriate disciplines appointed by the Boll Weevil Management Board to provide technical guidance in developing and conducting effective boll weevil management programs.
(y) "Containment/maintenance program" means a statewide program designed to monitor the level of boll weevil infestations to prevent the occurrence of a statewide outbreak of boll weevils.
SECTION 4. Section 69-37-7, Mississippi Code of 1972, is amended as follows:
69-37-7. The commissioner, with the approval of the Boll Weevil Management Board, is authorized to carry out programs to suppress or eradicate the boll weevil in this state through suppression, pre-eradication, eradication, or containment/maintenance programs. The commissioner is authorized to cooperate with any agency of any state or the federal government, any other agency in this state, any person engaged in growing, processing, marketing, or handling cotton, or any group of those persons in this state in programs to effectuate the purposes of this chapter and may enter into written agreements to effectuate those purposes. The agreements may provide for cost sharing and for division of duties and responsibilities under this chapter and may include other provisions generally to effectuate the purposes of this chapter.
SECTION 5. Section 69-37-9, Mississippi Code of 1972, is brought forward as follows:
69-37-9. The commissioner or his authorized agent(s), after first notifying the owner, shall have authority to enter cotton fields, cotton processing facilities and other premises in order to carry out survey, suppression, eradication or containment/maintenance activities, including treatment with pesticides and monitoring of growing cotton or other host plants as may be necessary to carry out the provisions of this chapter. The commissioner or his authorized agent(s) shall have authority to make inspection of any fields or premises in this state and any property located therein for the purpose of determining whether such property is infested with the boll weevil and for determining the extent of infestation. The inspection and other activities may be conducted in a reasonable manner without a warrant at any reasonable time. Any judge of this state may, within his or her jurisdiction and upon proper cause shown, issue a warrant giving the commissioner the right of entry to any premises for the purpose of carrying out the provisions of this section or other activities authorized by this chapter.
SECTION 6. Section 69-37-11, Mississippi Code of 1972, is brought forward as follows:
69-37-11. Every person growing cotton in this state shall furnish to the commissioner on forms supplied by the commissioner such information as the commissioner may require concerning the size and location of all commercial cotton fields and of noncommercial plantings of cotton grown as an ornamental plant or for any other purposes.
SECTION 7. Section 69-37-13, Mississippi Code of 1972, is amended as follows:
69-37-13. (1) The Boll Weevil Management Board, upon certification by the bureau, may enter into agreements with the State of Mississippi, other states, the federal government and other parties as may be necessary to carry out the purposes of this chapter.
(2) In order to be eligible for certification by the bureau, the board must demonstrate to the satisfaction of the bureau that:
(a) It is a nonprofit organization and could qualify for tax-exempt status under Section 501(a) of the Internal Revenue Code of 1954 [26 USCS 501(a)];
(b) Its purpose is for the representation of cotton growers associations that are open to all cotton growers in this state; and
(c) It has only one (1) class of voting members with each member entitled to only one (1) vote.
(3) The * * * board * * * shall be composed of sixteen (16) members who shall be chosen as follows:
(a) Two (2) members elected from each of the five (5) original cotton grower's regions as those regions existed before July 1, 2010, who shall serve as voting members for a term of years to be determined by the commissioner and the bureau;
(b) The Commissioner of Agriculture and Commerce, who shall serve in a nonvoting advisory capacity only, or his or her designee;
(c) The Dean of the College of Agriculture and Life Sciences at Mississippi State University, who shall serve in a nonvoting advisory capacity only, or his or her designee;
(d) The Dean of the School of Agriculture, Research, Extension and Applied Sciences at Alcorn State University, who shall serve in a nonvoting advisory capacity only, or his or her designee;
(e) The President of the Mississippi Farm Bureau Federation, who shall serve in a nonvoting advisory capacity only, or his or her designee; and
(f) The Chairmen of the Senate and House Agriculture Committees, who shall serve in nonvoting advisory capacities only.
(4) All books and records of account and minutes of proceedings of the board shall be available for inspection or audit by the commissioner at any reasonable time.
(5) Employees or agents of the board who handle funds of the board shall be adequately bonded in an amount to be determined by the commissioner.
SECTION 8. Section 69-37-15, Mississippi Code of 1972, is amended as follows:
69-37-15. Upon determination by the bureau that the board meets the requirements of Section 69-37-13, the bureau shall certify the board as the official administrative and regulatory body for all Mississippi cotton growers who are members of a cotton growers association as defined in Section 69-37-5. The certification shall be for the purposes of this chapter only and shall not affect other organizations or associations of cotton growers established for other purposes.
The bureau shall certify only one (1) board and may revoke the certification of the board if at any time the board fails to meet the requirements of this chapter. The debts of the board, if there are any, shall not become the liability of the bureau or the department.
SECTION 9. Section 69-37-17, Mississippi Code of 1972, is amended as follows:
69-37-17. (1) At the request of the Boll Weevil Management Board, 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 board, conducting referenda, and/or conducting a program to collect data and information on boll weevil populations and control costs. * * * Any assessments levied for data-collecting programs as a result of the referendum shall be in addition to assessments being collected to support any other boll weevil management programs in the state.
(2) At the request of the board, the bureau shall authorize a statewide referendum among all Mississippi cotton growers * * * on the question of whether an assessment, not to exceed Forty Dollars ($40.00) per acre, shall be levied upon all cotton growers * * * to offset, in whole or in part, the cost of managing boll weevil suppression, pre-eradication, or eradication programs authorized by this chapter or by any other law of this state. The programs shall be designed on a statewide 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 throughout the state.
(3) 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, 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, and when it shall be paid * * * shall be determined by the bureau and the board * * * and established by regulations according to this section. The amount of the assessment, the period of time for which it will be levied, and when the payment is due shall appear on all ballots for the referenda authorized by subsections (1) and (2) of this section.
(4) All * * * cotton growers having membership in a local cotton growers association shall be entitled to vote in any * * * referendum authorized by subsections (1) and (2) of this section, and the bureau, after consultation with the board, shall determine any questions of eligibility to vote. A cotton grower must be growing cotton within this state and be a member of a local cotton growers association in order to be eligible to vote in elections and referenda concerning boll weevil management practices.
(5) 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 * * *.
(6) (a) Passage of the referendum under subsection (1) of this section shall require a majority of all registered cotton growers voting statewide to approve the referendum.
(b) Passage of the referendum under subsection (2) of this section shall require that at least twenty percent (20%) of the registered cotton growers * * * vote in the referendum and that a * * * majority of those voting statewide approve the referendum.
(7) The assessments collected by the department under this chapter shall be promptly remitted to the board under any terms and conditions as the commissioner deems necessary to ensure that the assessments are used properly in implementing and administering the designated boll weevil management program.
(8) The board shall provide to the department an annual audit of its accounts performed by a certified public accountant.
(9) The assessments collected by the department under this chapter shall not be considered to be "state" funds.
(10) Upon completion or termination of a program, any unused funds shall be transferred to and deposited in the Boll Weevil Management Fund created under Section 69-37-39, for the purpose of being used if there should be a future occurrence of a boll weevil outbreak in the state.
SECTION 10. Section 69-37-19, Mississippi Code of 1972, is amended as follows:
69-37-19. The arrangements for and management of any referendum held under this chapter shall be under the direction of the Boll Weevil Management Board. The board shall bear all expenses incurred in conducting the referendum, to include furnishing the ballots and arranging for the necessary poll holders.
SECTION 11. Section 69-37-21, Mississippi Code of 1972, is amended as follows:
69-37-21. (1) If any referendum conducted under this chapter fails to receive the required number of affirmative votes, the bureau, with the consent of the Boll Weevil Management Board, may be authorized to call other referenda.
(2) After the passage of any referendum, the eligible voters shall be allowed, by later referenda to be held not earlier than five (5) years after July 1, 2010, and then every five (5) years thereafter or upon recommendation of the board, to vote on whether to continue with the program and/or to modify the assessment fee. * * * Upon petition by twenty percent (20%) of all eligible voting cotton growers within the state, the board shall be required to conduct a later referendum on the question called in the petition, provided that the board is required to hold no more than one (1) petitioned referendum * * * during any given calendar year. All the requirements for an initial referendum must be met in any later referenda. The results of the referendum, along with annual audits of all monies expended on programs affected by the referendum, shall be reported each year to the Lieutenant Governor, the Speaker of the House of Representatives and the Chairmen of the Senate Agriculture Committee and the House of Representatives Agriculture Committee.
(3) It is the intent of the Legislature that the cost of the containment/maintenance phase of the boll weevil eradication program be borne by the producers, and that any later debt incurred by the program be funded by subsidies, loans and grants from the federal government and other sources.
(4) No assessment under any later referendum for a containment/maintenance program may exceed Twelve Dollars ($12.00) an acre, and it shall be incumbent upon the department to levy only that amount necessary to ensure the financial stability of the eradication program.
SECTION 12. Section 69-37-23, Mississippi Code of 1972, is amended as follows:
69-37-23. (1) For statewide management * * * where assessments are established by passage of a referendum, the commissioner shall have a lien for payment of the assessments, together with any penalties levied under this chapter, against all cotton grown by each cotton grower who grows cotton within the state. This lien shall be of equal dignity with liens for taxes in favor of the state and the commissioner is authorized to issue executions for the collection of the assessments in like manner as executions are issued for ad valorem property taxes due the state.
(2) In addition, the commissioner shall have a special lien on cotton for payment of assessments, together with any penalties levied under this chapter, which shall be superior to any other lien provided by law, shall arise as of the time the assessments become due and payable, and shall cover all cotton grown by the cotton grower from the date the lien arises until the assessments are paid. However, any buyer of cotton shall take free of the lien if the buyer has not received written notice of the lien from the commissioner, or if he has paid for the cotton by a check in which the department is named as joint payee.
(3) 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.
(4) Commercial cotton that 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 Boll Weevil Management Board 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 those cases where commercial cotton is destroyed because of prevented treatment due to health or environmental concerns, the owner of the cotton shall be compensated for that portion of * * * the crop that is destroyed. The per acre amount of the payments shall be based on a reasonable estimate of the value of the crop as determined by the commissioner in consultation with the board and the affected producer. Payments for those losses shall be funded by assessment fees paid by cotton growers * * * and administered by the board.
SECTION 13. Section 69-37-25, Mississippi Code of 1972, is brought forward as follows:
69-37-25. The Bureau of Plant Industry is authorized to promulgate regulations quarantining this state, or any portion thereof, and governing the storage, treatment, or other handling in the quarantined areas of regulated articles and the movement of regulated articles into or from such areas. The bureau shall determine when such action is necessary, or appears reasonably necessary, to prevent or retard the spread of the boll weevil. The bureau is also authorized to promulgate regulations governing the movement of regulated articles from other states or portions thereof into this state when such state is known to be infested with the boll weevil. The promulgation of these regulations shall conform in all aspects to the Mississippi Administrative Procedures Law, Sections 25-43-1 et seq., Mississippi Code of 1972, and sound principles of quarantines.
SECTION 14. Section 69-37-27, Mississippi Code of 1972, is amended as follows:
69-37-27. The bureau is authorized to designate by regulation one or more areas of this state as "suppression zones," "pre-eradication zones" or "eradication zones" where the specified boll weevil management programs will be undertaken * * *. The bureau, with the concurrence of the Boll Weevil Management Board, is authorized to promulgate reasonable regulations regarding areas where cotton cannot be planted within a specified management zone when there is reason to believe that growing cotton in those areas will jeopardize the success of the program or present a hazard to public health or safety. The bureau is authorized to issue regulations prohibiting the planting of noncommercial cotton in the management zones and requiring that all growers of commercial cotton in these zones participate in the specified boll weevil management program and share equitably in the cost. The costs shall be determined by the Technical Advisory Committee * * * on the basis of the level of boll weevil infestation and the anticipated costs of the program in the various regions and shall be approved via referendum by cotton growers within the affected area under procedures set forth in this chapter. Notice of the prohibition and requirement shall be given by publication for one (1) day each week for three (3) successive weeks in a newspaper having general circulation in the affected area. The bureau is authorized to set by regulation a reasonable schedule of penalty fees to be assessed when growers in designated "management zones" do not meet the requirements of regulations issued by the bureau with respect to reporting of acreage and participation in cost-sharing as prescribed by regulation. The penalty fees shall not exceed a charge of One Hundred Dollars ($100.00) per acre. The cotton grower charged with those penalties has the right to appeal this decision to the board.
SECTION 15. Section 69-37-29, Mississippi Code of 1972, is amended as follows:
69-37-29. The commissioner is authorized to destroy, or cause to be treated with pesticides, volunteer or other noncommercial cotton and to establish procedures for the purchase and destruction of commercial cotton in eradication zones when the commissioner deems the action necessary to effectuate the purposes of this chapter. No payment shall be made by the commissioner to the owner or lessee for the destruction or injury of any cotton that was planted in an eradication zone after publication of notice as provided in this chapter, or was otherwise handled in violation of this chapter or the regulations adopted under this chapter. However, the commissioner shall pay for losses resulting from the destruction of cotton that was planted in those zones before promulgation of the notice. Payments for those losses shall be funded by assessment fees paid by cotton growers * * * and administered by the Boll Weevil Management Board.
SECTION 16. Section 69-37-31, Mississippi Code of 1972, is amended as follows:
69-37-31. (1) The bureau is authorized to promulgate reasonable regulations restricting the pasturage of livestock, entry by persons, location of honeybee colonies or other activities affecting the boll weevil eradication program in affected areas, for limited periods of time, which have been or will be treated with pesticides or otherwise treated to cause the eradication of the boll weevil, or in any other areas that may be affected by those treatments.
(2) The bureau shall also have authority to adopt any other rules and regulations as it deems necessary to further effectuate the purposes of this chapter, provided that those other rules and regulations are approved by the Boll Weevil Management Board. * * *
SECTION 17. Section 69-37-33, Mississippi Code of 1972, is brought forward as follows:
69-37-33. (1) Any person who shall violate any of the provisions of this chapter or the regulations promulgated hereunder, or who shall alter, forge or counterfeit or use without authority any certificate or permit or other document provided for in this chapter or in the regulations promulgated hereunder shall be guilty of a misdemeanor.
(2) Any person who, except in compliance with the regulations of the bureau, shall move any regulated article into this state from any other state, which the bureau found in such regulations is infested by the boll weevil, shall be guilty of a misdemeanor.
SECTION 18. Section 69-37-35, Mississippi Code of 1972, is amended as follows:
69-37-35. The commissioner, with the consent of the Boll Weevil Management Board, is authorized to exempt from the assessment penalty requirements set forth in this article those cotton growers for whom paying the assessment penalties would impose an undue financial hardship, and the commissioner is authorized to establish, upon the recommendation of the board, a payment plan in those hardship cases. This exemption shall be implemented as follows:
(a) The commissioner, with the consent of the board, shall adopt rules and regulations defining the criteria to be used in determining financial hardship. However, no exemption shall be granted to any cotton grower who, after the amount of assessments and penalties otherwise due has been subtracted from his taxable net income, has a net income exceeding Fifteen Thousand Dollars ($15,000.00) for the year in which he seeks an exemption;
(b) Any cotton grower who claims an exemption shall apply on a form prescribed by the commissioner. A separate application shall be filed for each calendar year in which a cotton grower claims an exemption. Each application shall contain an explanation of the conditions to be met for approval. An oath shall be included on the form that upon completion shall be returned to the commissioner;
(c) The commissioner shall forward all completed exemption application forms to the board. The board shall determine from the information contained in the application forms whether or not the applicants qualify for a hardship exemption (exemption from penalty) and may recommend a payment plan to the commissioner; and
(d) The board shall notify the commissioner of its determination, which shall be binding upon the applicants. Upon receipt of the determination of the board, the commissioner shall promptly notify each affected cotton grower of that determination. If an exemption has been denied, assessments and penalties for the year in which the application was made shall become due at the time they would otherwise have become due had no application for exemption been filed or within thirty (30) days after the date of the commissioner's notice of an adverse determination, whichever is later.
SECTION 19. Section 69-37-37, Mississippi Code of 1972, is amended as follows:
69-37-37. This chapter shall be extended to include all other cotton pest species upon recommendation of the Boll Weevil Management Board.
SECTION 20. Section 69-37-39, Mississippi Code of 1972, is amended as follows:
69-37-39. There is * * * created within the State Treasury a special fund to be designated the "Boll Weevil Management Fund" into which shall be deposited all the revenues required to be deposited into the fund under Section 27-65-75(14). Money deposited into the fund shall not lapse at the end of any fiscal year and investment earning on the proceeds in the special fund shall be deposited into the fund. Money from the fund shall be disbursed therefrom upon warrants issued by the State Fiscal Officer upon requisitions signed by the Commissioner of Agriculture and Commerce to assist the Department of Agriculture and Commerce in carrying out its duties under the Mississippi Boll Weevil Management Act (Section 69-37-1 et seq.). The commissioner may disburse all or any portion of the money the department receives from the fund to the Boll Weevil Management Board, as defined in Section 69-37-5, to assist the board in carrying out its duties under the Mississippi Boll Weevil Management Act.
SECTION 21. This act shall take effect and be in force from and after July 1, 2010.