3-1086.01

3-1086.01. Colored cotton fee

A. On or before July 1 of each year:

1. The department shall submit a proposed budget to the council for enforcing rules regarding colored cotton production.

2. The council may assess a fee of not more than three dollars per bale of colored cotton produced in this state to provide sufficient monies to enforce the rules for colored cotton production. Before establishing the annual fee, the council shall adopt a budget for colored cotton enforcement activities.

B. Cotton gins shall collect the fee and remit the monies to the council on or before April 1 of each year according to the procedures and on forms that the council prescribes.

C. A cotton producer is responsible for payment of the fee required by this section unless the fee is withheld for payment to the council by a gin.

D. Title 41, chapter 6 does not apply to setting the fee under this section, but the council shall provide sixty days' advance notice of the meeting at which the fee will be adopted and the amount of the proposed fee. The council shall receive public testimony at the meeting regarding the fee.

E. The council may enter into an intergovernmental agreement pursuant to title 11, chapter 7, article 3 with the department to provide necessary enforcement services for colored cotton.