0001| AN ACT | 0002| RELATING TO AGRICULTURE; ENACTING THE COTTON BOLL WEEVIL CONTROL | 0003| ACT. | 0004| | 0005| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: Section 1. SHORT TITLE.--This act may be cited as the "Cotton Boll Weevil Control | 0006| Act". | 0007| Section 2. NEW MEXICO DEPARTMENT OF AGRICULTURE.--The Cotton Boll | 0008| Weevil Control Act is to be administered by the New Mexico department of agriculture, under | 0009| the direction of the board of regents of New Mexico state university. | 0010| Section 3. DEFINITIONS.--As used in the Cotton Boll Weevil Control Act: | 0011| A. "board" means the board of regents of New Mexico state university; | 0012| B. "cotton boll weevil" means any life stage of the cotton insect Anthonomus | 0013| grandis Boheman; | 0014| C. "cotton boll weevil control committee" means the persons, not less than three | 0015| nor more than seven, elected by a majority of the cotton producers in a designated cotton boll | 0016| weevil control district; | 0017| D. "cotton boll weevil control district" means a designated area duly established | 0018| under the Cotton Boll Weevil Control Act wherein a program to suppress or eradicate the cotton | 0019| boll weevil is administered; | 0020| E. "cotton producer" means any person growing five or more acres of cotton | 0021| plants. For the purposes of the Cotton Boll Weevil Control Act, only one person from any farm, | 0022| sole proprietorship, corporation, partnership or any other legal business arrangement shall be | 0023| eligible to vote to establish or dissolve a cotton boll weevil control district; | 0024| F. "department" means the New Mexico department of agriculture; and | 0025| G. "director" means the director of the New Mexico department of agriculture. | 0001| Section 4. DUTIES AND POWERS.--The director shall determine any critically | 0002| infested or threatened agricultural areas within New Mexico, hold public hearings within the | 0003| proposed cotton boll weevil control district determined to be critically infested or at risk and | 0004| provide technical support and advice in the formulation of plans for the control or eradication of | 0005| such infestation. | 0006| Section 5. COTTON BOLL WEEVIL CONTROL COMMITTEE--DUTIES AND | 0007| POWERS.-- | 0008| A. The local cotton boll weevil control committee shall prescribe control | 0009| measures for any cotton planted within a control district. When prescribing control measures, | 0010| the committee shall make every effort to adhere to integrated pest management practices and the | 0011| management goals of individual cotton producers consistent with the goal of complete | 0012| eradication of the cotton boll weevil. | 0013| B. The cotton boll weevil control committee may adopt regulations to set the | 0014| method for determining the yield per acre of cotton lands under the control of the cotton | 0015| producer for purposes of calculating the assessment amount due. | 0016| Section 6. ESTABLISHMENT OF COTTON BOLL WEEVIL CONTROL | 0017| DISTRICT.--Any five or more persons producing cotton for which it is proposed to establish a | 0018| cotton boll weevil control district may file a petition with the department asking that a cotton | 0019| boll weevil control district be established. The petition shall set forth: | 0020| A. a concise statement of the reasons for the establishment of a cotton boll | 0021| weevil control district; | 0022| B. a request that a referendum be held among the cotton producers on the | 0023| question of the establishment of a cotton boll weevil control district; | 0024| C. the name and address of the individual who is authorized to represent the | 0025| petitioners; | 0001| D. the maximum per unit assessment on the cotton acreage or production for | 0002| which the cotton boll weevil control district is established; and | 0003| E. the method of levy and collection of an assessment upon cotton producers for | 0004| the support of the cotton boll weevil control district. | 0005| Section 7. PETITION FILING FEE.--The director shall prepare and deliver to the | 0006| petitioners an original budget estimate of the cost of the proposed hearings and referendum. The | 0007| petitioners, within thirty days after receipt of the cost estimate, shall remit to the director the | 0008| amount of the cost estimate. | 0009| Section 8. HEARINGS.--Within sixty days after the petition has been filed with the | 0010| director and upon payment of the cost estimate, the director shall cause notices to be given of the | 0011| proposed hearings in areas of the state where the cotton boll weevil is of economic importance. | 0012| The notices of hearing shall be published at least fourteen days prior to the date of hearing in a | 0013| newspaper of general circulation in the proposed cotton boll weevil control district. | 0014| Section 9. DETERMINATION BY DIRECTOR.--After the public hearing, the director | 0015| shall determine, based upon the facts presented and other relevant data available, if there is a | 0016| need for the creation of a cotton boll weevil control district and if the need is sufficient to justify | 0017| the holding of a referendum thereon. Subsequent petitions relating to the same locale may not | 0018| be filed or action taken thereon within one year from the date the director has recorded a | 0019| determination denying the need for the creation of a cotton boll weevil control district. | 0020| Section 10. REFERENDUM--COTTON BOLL WEEVIL CONTROL DISTRICTS--LOCAL COTTON BOLL WEEVIL CONTROL COMMITTEES.--After public hearing, if the | 0021| director decides there is justification for creating a cotton boll weevil control district, the | 0022| department shall hold a referendum. When cotton producers who represent sixty-six percent of | 0023| the cotton acreage within the area threatened with or infested by the cotton boll weevil vote in | 0024| favor of the establishment of a cotton boll weevil control district, such a cotton boll weevil | 0025| control district shall be created. The cotton producers within a cotton boll weevil control district | 0001| shall promptly establish, and shall elect not less than three nor more than seven members to a | 0002| local cotton boll weevil control committee. The committee members shall not receive per diem | 0003| or compensation for their services. Cotton boll weevil control districts and local cotton boll | 0004| weevil control committees shall cease to exist six months after the successful eradication of the | 0005| agricultural cotton boll weevil, as determined by the director, or at the end of five years from the | 0006| date of their creation, whichever is sooner. A petition to continue the cotton boll weevil control | 0007| district may be made to the director six months prior to the scheduled date for termination of the | 0008| cotton boll weevil control district. After a public hearing on the petition, the director may | 0009| extend the termination date of any cotton boll weevil control district for a period not to exceed | 0010| three years without a referendum. | 0011| Section 11. LOCAL COTTON BOLL WEEVIL CONTROL COMMITTEES--ADDITIONAL DUTIES AND POWERS.-- | 0012| A. In the performance of this function, local cotton boll weevil control | 0013| committees may: | 0014| (1) conduct programs to suppress or eradicate designated cotton boll | 0015| weevils within their local cotton boll weevil control district; | 0016| (2) cooperate in the administration of the Cotton Boll Weevil Control Act | 0017| through the use of state or federal personnel and facilities or both; | 0018| (3) enter into contracts or cooperative agreements with other agencies, | 0019| including federal agencies; | 0020| (4) publish information and conduct seminars on the distribution and | 0021| control of the cotton boll weevil; and | 0022| (5) levy and collect a special assessment, based on cotton acreage or | 0023| cotton yield per acre within the cotton boll weevil control district. | 0024| B. Local cotton boll weevil control committees shall provide a complete | 0025| accounting of the funds collected through the special assessment to all participating cotton | 0001| producers in the cotton boll weevil control district. | 0002| Section 12. AGRICULTURAL LAND ASSESSMENT--ENFORCED COLLECTION.--Payment of the special assessment levied by a local cotton boll weevil control committee against | 0003| a cotton producer shall be due and payable upon the cotton producer's receipt of an assessment | 0004| statement from the local cotton boll weevil control committee. The committee's statement shall | 0005| indicate: | 0006| A. the total number of acres treated within the cotton boll weevil control district | 0007| during the control program; | 0008| B. the total acres treated, if any, that are under the control of the land user | 0009| assessed; | 0010| C. the total amount of funds expended, or estimated to be spent, in the cotton | 0011| boll weevil control district for the control program; | 0012| D. the total acres and yield per acre of lands under the control of the land user | 0013| assessed; and | 0014| E. the amount assessed against the land user. | 0015| Section 13. PETITION FOR ABOLISHMENT OF A COTTON BOLL WEEVIL | 0016| CONTROL DISTRICT.--Any five or more persons producing cotton within a cotton boll weevil | 0017| control district may file a petition with the department asking that a cotton boll weevil control | 0018| district be abolished. The petition shall set forth: | 0019| A. the name and description of the cotton boll weevil control district to be | 0020| abolished; | 0021| B. a concise statement of the reasons for the abolishment of the cotton boll | 0022| weevil control district; | 0023| C. a request that a referendum be held among the producers of the crop on the | 0024| question of the abolishment of the cotton boll weevil control district; and | 0025| D. the name and address of the individual who is authorized to represent the | 0001| petitioners. | 0002| Section 14. PETITION FILING FEE.--The director shall prepare and deliver to the | 0003| petitioners an original budget estimate of the cost of the proposed hearings and referendum. The | 0004| petitioners, within thirty days after receipt of the cost estimate, shall remit to the director the | 0005| amount of the cost estimate. | 0006| Section 15. HEARINGS REGARDING ABOLISHMENT OF A COTTON BOLL | 0007| WEEVIL CONTROL DISTRICT--NOTICE OF HEARINGS.--Within thirty days after the | 0008| petition has been filed with the director and upon payment of the cost estimate, the director shall | 0009| cause notices to be given of the hearing in the affected cotton boll weevil control district. The | 0010| notice of hearing shall be published at least fourteen days prior to the date of hearing in a | 0011| newspaper of general circulation in the affected cotton boll weevil control district. After public | 0012| hearing, if the director decides there is justification for abolishing a cotton boll weevil control | 0013| district, the department shall hold a referendum. When cotton producers who represent sixty-six | 0014| percent of the cotton acreage within a cotton boll weevil control district vote in favor of the | 0015| abolishment of the cotton boll weevil control district, such a cotton boll weevil control district | 0016| shall be abolished. The local cotton boll weevil control committee shall promptly move to cease | 0017| expenditures of cotton boll weevil control district funds and make an accounting of funds spent | 0018| and return remaining funds in accordance with Section 16 of the Cotton Boll Weevil Control | 0019| Act. | 0020| Section 16. DISPOSITION OF ASSESSMENT PROCEEDS.--Funds collected by | 0021| the local cotton boll weevil control committee are not state funds and are not required to | 0022| be deposited in the state treasury. A local cotton boll weevil control committee shall | 0023| deposit all money collected in a state chartered bank or other insured depository. Funds | 0024| collected by one local cotton boll weevil control committee shall be held separate from | 0025| funds collected by another local cotton boll weevil control committee. Funds remaining at | 0001| the termination of a cotton boll weevil control district shall be distributed to cotton | 0002| producers in proportion to the percentage they contributed during the life of the cotton | 0003| boll weevil control district. | 0004| |