Arkansas Code of 1987 (2023) › Title 2 - AGRICULTURE (§§ 2-1-101 — 2-40-1305) › Subtitle 2 - AGRONOMY (§§ 2-15-101 — 2-25-106) › Chapter 16 - PLANT DISEASE AND PEST CONTROL (§§ 2-16-101 — 2-16-909) › Subchapter 6 - ARKANSAS BOLL WEEVIL SUPPRESSION ERADICATION ACT (§§ 2-16-601 — 2-16-617) › Section 2-16-614 - Referendum - Assessments

(a)
(1)
At the request of the certified cotton growers' organization, the State Plant Board may authorize a referendum among cotton growers in a designated region on the question of whether an assessment shall be levied upon cotton growers in that region to offset, in whole or in part, the cost of boll weevil suppression, preeradication, eradication, or maintenance programs authorized by this subchapter or any other law of this state.
(2)
The program shall be designed on a regional basis to reflect the differences in boll weevil infestation and the relative costs of financing boll weevil suppression and eradication programs in the respective regions.
(b)
(1)
The assessment levied under this subchapter shall be based upon the number of acres of cotton planted in the eradication area.
(2)
The amount of the assessment, the period of time for which it shall be levied, how it shall be levied, when it shall be paid, and the geographical area to be covered by the assessment shall be determined by the board and established by rules under this section.
(3)
The annual assessment shall not exceed fifty dollars ($50.00) per acre.
(c)
(1)
All affected cotton growers shall be entitled to vote in any such referendum; provided, however, that the affected cotton growers produced a cotton crop for harvest, or had an interest therein, in the designated region conducting the referendum in the crop year immediately preceding the year in which the referendum is conducted.
(2)
A cotton grower may vote through a power of attorney evidenced in writing, including, but not limited to, a power of attorney recognized by the United States Farm Service Agency or its successor. The board or its cooperators shall determine any questions of eligibility to vote.
(3)
Each person who is eligible to vote in the referendum shall be mailed a ballot upon which to cast a vote for or against the boll weevil suppression and eradication program.
(4)
Passage of the referendum shall require an affirmative vote of two-thirds (2/3) of those voting in the referendum.
(d)
(1)
The assessments approved under this subchapter shall be collected by the certified cotton growers' organization or such other agency or entity designated by the Department of Agriculture from the affected cotton growers.
(2)
The assessments collected by the department or such other agency or entity designated by the department under this subchapter shall be promptly remitted to the certified cotton growers' organization under such terms and conditions as the department shall deem necessary to ensure that the assessments are used in a sound program of eradication or suppression of the boll weevil.
(e)
The certified organization shall provide to the department an annual audit of its accounts performed by a certified public accountant.
(f)
The assessments collected by the department under this subchapter shall not be state funds.
(g)
(1)
In addition to the authority granted in this section for a referendum among cotton growers, the department may conduct a separate referendum among cotton growers in the southwest corner of the state, within boundaries to be defined by the board on the question of whether an assessment shall be levied upon cotton growers in the defined area to provide funds to fund in whole or in part the cost of a boll weevil suppression or eradication program.
(2)
Any such regional referendum shall be conducted in the same manner as any other referendum authorized in this section, and any assessments levied pursuant to such a referendum shall be subject to the same uses and limitations and shall be made, collected, and remitted in the same manner as assessments levied pursuant to any other referenda conducted under this subchapter.
Amended by Act 2023, No. 691,§ 28, eff. 7/1/2023.
Amended by Act 2023, No. 691,§ 27, eff. 7/1/2023.
Acts 1991, No. 710, § 14; 1993, No. 854, § 4; 1995, No. 529, § 2; 1997, No. 330, § 7.