263.527. Regional referendum on assessment for costs of eradication--assessment basis--voting procedure--deposit of funds collected--annual audit.
Regional referendum on assessment for costs of eradication--assessmentbasis--voting procedure--deposit of funds collected--annual audit.
263.527. 1. At the request of the certified organization, thedepartment shall authorize a statewide referendum among cotton growers onthe question of whether an assessment shall be levied upon cotton growersin the state to offset, in whole or in part, the cost of boll weevilsuppression or eradication programs authorized by sections 263.500 to263.537 or any other law of this state. Such program shall be designed ona regional basis so as to reflect the differences in boll weevilinfestation and the relative cost of financing a boll weevil suppressionand eradication program in the respective regions.
2. The assessment levied under sections 263.500 to 263.537 shall bebased upon the number of acres of cotton planted in the eradication area.The amount of the assessment, the period of time for which it shall belevied, how it shall be levied, when it shall be paid, and the geographicalarea to be covered by the assessment shall be determined by the departmentin consultation with the official cotton board of directors established insection 263.523. The department shall promulgate only those regulationsnecessary pursuant to this section.
3. All affected cotton growers shall be entitled to one vote in anysuch referendum. The department, after consultation with the certifiedorganization, shall determine any questions of eligibility to vote.
4. Each eligible cotton grower shall be mailed a ballot upon which tocast a vote for or against the boll weevil suppression and eradicationprogram.
5. If at least two-thirds of those voting vote in favor of theassessment, then the assessment shall be collected by the department fromthe affected cotton growers.
6. The assessments collected by the department under sections 263.500to 263.537 shall be promptly remitted to the certified organization undersuch terms and conditions as the department shall deem necessary to ensurethat such assessments are used in a sound program of eradication orsuppression of the boll weevil.
7. The certified organization shall provide to the department anannual audit of its accounts performed by a certified public accountant.
8. The assessments collected by the department under sections 263.500to 263.537 shall not be state funds. All assessments shall be depositedinto a special fund to be established by the director of the department.The fund shall be held in trust by the director for the benefit of thecertified organization and shall be invested in the manner required of thestate treasurer for state funds by sections 30.250, 30.260 and 30.270,RSMo. The director shall keep accurate records of the amount of money inthe fund collected for the certified organization and the records shall beopen to the inspection of officers of the organization. The unexpendedbalance in the special fund at the end of the annual period shall not betransferred to the general revenue fund, the provisions of section 33.080,RSMo, notwithstanding.
(L. 1995 S.B. 66 § 12, A.L. 1998 H.B. 1859 merged with S.B. 945)Effective 7-10-98 (S.B. 945) 8-28-98 (H.B. 1859)