§ 69-37-1. Short title
This chapter shall be known and may be cited as the “Mississippi Boll Weevil Management Act.”
§ 69-37-11. All persons growing cotton to furnish information to commissioner and corporation
Every person growing cotton in this state shall furnish to the commissioner and the corporation 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.
§ 69-37-13. Bureau may certify Mississippi Boll Weevil Management Corporation for purpose of entering into agreements to effectuate purposes of chapter; eligibility for certification; corporation board of directors
The Mississippi Boll Weevil Management Corporation, 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. In order to be eligible for certification by the bureau, the corporation must demonstrate to […]
§ 69-37-15. Certification of Mississippi Boll Weevil Management Corporation as official administrative and regulatory body; effect; revocation; debts of corporation not a liability of bureau or department
Upon determination by the bureau that the Mississippi Boll Weevil Management Corporation meets the requirements of Section 69-37-13, the bureau shall certify the corporation 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 […]
§ 69-37-17. Referenda, at request of corporation, as to assessments on cotton growers; character and disposition of funds assessed; Mississippi Boll Weevil Management Corporation Trust Fund
At the request of the corporation, 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 corporation, conducting referenda, […]
§ 69-37-19. Conduct of referenda; expenses
The arrangements for and management of any referendum held under this chapter shall be under the direction of the Mississippi Boll Weevil Management Corporation. The corporation shall bear all expenses incurred in conducting the referendum, to include furnishing the ballots and arranging for the necessary poll holders.
§ 69-37-21. Subsequent referenda; annual report; limitation on assessment of fees
If any referendum conducted under this chapter fails to receive the required number of affirmative votes, the bureau, at the request of the corporation, shall be authorized to call other referenda. After the passage of any referendum, the eligible voters may be allowed, by subsequent referenda to be held upon recommendation of the corporation, to […]
§ 69-37-23. Liens to secure payment of assessments and penalties; destruction of untreatable commercial cotton as nuisance; compensation
For statewide management when 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 […]
§ 69-37-25. Quarantine, and control of movement of articles from infested areas in other states, by regulation of Bureau of Plant Industry
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 […]
§ 69-37-27. Suppression, pre-eradication, eradication and no-growth zones; growers to share costs; notice, referenda, penalties, and appeal of penalties
The bureau, with the concurrence of the corporation, 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 corporation, is authorized to promulgate reasonable regulations regarding areas […]
§ 69-37-29. Destruction or treatment of cotton in eradication zones; compensation
The commissioner, with the concurrence of the corporation, 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 […]
§ 69-37-3. Purpose; liberal construction
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: 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; To provide […]
§ 69-37-31. Regulations pertaining to livestock pasturage, human entry, honeybee colonies, and other activities affecting boll weevil control programs
The bureau, with the concurrence of the corporation, 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 […]
§ 69-37-33. Penalties for violations
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. Any person who, […]
§ 69-37-35. Exemptions from assessment penalties for financial hardship; payment plan
The commissioner, with the consent of the corporation, is authorized to exempt from the assessment penalty requirements set forth in this chapter 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 corporation, a payment plan in those […]
§ 69-37-37. Extension of chapter to other cotton pests upon recommendation of the corporation
This chapter shall be extended to include all other cotton pest species upon recommendation of the corporation.
§ 69-37-39. Boll Weevil Management Fund; deposits; disbursements
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 […]
§ 69-37-41. Mississippi Boll Weevil Management Corporation to be certified as administering authority to plan and implement boll weevil management programs
From and after July 1, 2010, the Mississippi Boll Weevil Management Corporation shall 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 […]
§ 69-37-5. Definitions
As used in this chapter, the following words shall have the meanings ascribed herein unless the context clearly requires otherwise: “Assessment” means the amount per acre to be charged each cotton grower to finance, in whole or part, a boll weevil suppression, pre-eradication, eradication or post-eradication program in this state. The assessments shall be based […]
§ 69-37-7. Authorization for programs to suppress or eradicate boll weevil; cooperation with other agencies or persons
The commissioner, with the approval of the corporation, is authorized to carry out programs to suppress or eradicate the boll weevil in this state through suppression, pre-eradication, post-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 […]