Chapter 76, Article 6A NMSA 1978 may be cited as the “Cotton Boll Weevil Control Act”. History: Laws 1996, ch. 77, § 1; 1997, ch. 57, § 1. ANNOTATIONS The 1997 amendment, effective June 20, 1997, substituted “Chapter 76, Article 6A NMSA 1978” for “This act”.
After public hearing, if the director decides there is justification for creating a cotton boll weevil control district, the department shall hold a referendum. When cotton producers who represent sixty-six percent of the cotton acreage within the area threatened with or infested by the cotton boll weevil vote in favor of the establishment of a […]
A. Cotton boll weevil control committees may: (1) conduct programs to monitor, suppress or eradicate cotton boll weevils within their cotton boll weevil control districts; (2) cooperate in the administration of the Cotton Boll Weevil Control Act through the use of state or federal personnel and facilities or both; (3) contract for services or enter […]
A. Each organic cotton producer within an established cotton boll weevil control district shall notify the cotton boll weevil control committee in writing of the number of acres on which the organic cotton producer intends to plant organic cotton at least thirty days prior to planting. B. The cotton boll weevil committee shall require all […]
Payment of the special assessment levied by a local cotton boll weevil control committee against a cotton producer shall be due and payable upon the cotton producer’s receipt of an assessment statement from the local cotton boll weevil control committee. The committee’s statement shall indicate: A. the total number of acres treated within the cotton […]
Any five or more persons producing cotton within a cotton boll weevil control district may file a petition with the department asking that a cotton boll weevil control district be abolished. The petition shall set forth: A. the name and description of the cotton boll weevil control district to be abolished; B. a concise statement […]
The director shall prepare and deliver to the petitioners an original budget estimate of the cost of the proposed hearings and referendum. The petitioners, within thirty days after receipt of the cost estimate, shall remit to the director the amount of the cost estimate. History: Laws 1996, ch. 77, § 14.
Within thirty days after the petition has been filed with the director and upon payment of the cost estimate, the director shall cause notices to be given of the hearing in the affected cotton boll weevil control district. The notice of hearing shall be published at least fourteen days prior to the date of hearing […]
Funds collected by the local cotton boll weevil control committee are not state funds and are not required to be deposited in the state treasury. A local cotton boll weevil control committee shall deposit all money collected in a state chartered bank or other insured depository. Funds collected by one local cotton boll weevil control […]
The Cotton Boll Weevil Control Act is to be administered by the New Mexico department of agriculture, under the direction of the board of regents of New Mexico state university. History: Laws 1996, ch. 77, § 2.
As used in the Cotton Boll Weevil Control Act: A. “board” means the board of regents of New Mexico state university; B. “cotton boll weevil” means any life stage of the cotton insect Anthonomus grandis Boheman; C. “cotton boll weevil control committee” means the persons, not less than three nor more than seven, elected by […]
The director shall determine any critically infested or threatened agricultural areas within New Mexico, hold public hearings within the proposed cotton boll weevil control district determined to be critically infested or at risk and provide technical support and advice in the formulation of plans for the monitoring, control or eradication of such infestation. History: Laws […]
A. A cotton boll weevil control committee shall prescribe control measures for any cotton planted within a cotton boll weevil control district. When prescribing control measures, the cotton boll weevil control committee shall make every effort to adhere to integrated pest management practices, to allow organic cotton producers to choose organic pest management practices that […]
Cotton boll weevil control committees are exempt from the provisions of the Procurement Code [13-1-28 to 13-1-199 NMSA 1978], and the Personnel Act [Chapter 10, Article 9 NMSA 1978]. The committee members and committee employees are public employees for the purposes of the Tort Claims Act [41-4-1 to 41-4-27 NMSA 1978] and shall be provided […]
Any five or more persons producing cotton for which it is proposed to establish a cotton boll weevil control district may file a petition with the department asking that a cotton boll weevil control district be established. The petition shall set forth: A. a concise statement of the reasons for the establishment of a cotton […]
The director shall prepare and deliver to the petitioners an original budget estimate of the cost of the proposed hearings and referendum. The petitioners, within thirty days after receipt of the cost estimate, shall remit to the director the amount of the cost estimate. History: Laws 1996, ch. 77, § 7.
Within sixty days after a petition has been filed with the director and upon payment of the cost estimate, the director shall cause notices to be given of the proposed hearings in areas of the state where the cotton boll weevil is of economic importance. The notices of hearing shall be published in a newspaper […]
After the public hearing, the director shall determine, based upon the facts presented and other relevant data available, if there is a need for the creation of a cotton boll weevil control district and if the need is sufficient to justify the holding of a referendum thereon. Subsequent petitions relating to the same locale may […]
