{"data":{"id":"us-ok/okla.-stat.-tit.-2-2-3-50.7","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 2, § 2-3-50.7","heading":"Board of directors - Composition - Terms of office -","body":"Powers and duties - Definition of bonds - Bylaws - Additional\n\npowers, duties and responsibilities - Liability - Compensation.\n\nA. 1. Except as provided by this section, the board of\n\ndirectors of the Oklahoma Boll Weevil Eradication Organization shall\n\nbe composed of five cotton growers from this state who are elected\n\nfrom the five separate districts established by the board.\n\n2. The terms of office of the elected board of directors shall\n\nbe three (3) years.\n\n3. A director may be removed from office by a majority vote of\n\nthe board of directors for cause. Causes for removal include the\n\nfollowing:\n\na. neglect of duty,\n\nb. willful misconduct,\n\nc. malpractice in office,\n\nd. self-dealing,\n\ne. incompetence,\n\nf. gross inefficiency, or\n\ng. any other unbecoming conduct that can or may affect\n\nthe ability of the Oklahoma Boll Weevil Eradication\n\nOrganization to satisfactorily perform its duties or\n\ncarry out its mission as a public body.\n\nAll new directors shall take an oath of office before assuming\n\nthe role as a director on the board.\n\n4. Directors shall hold office until their respective\n\nsuccessors are elected and take the oath of office.\n\n5. At each election, the cotton grower with the highest number\n\nof votes from each district shall serve on the board of directors.\n\nB. The board of directors shall have the power and duty to:\n\n1. Appoint a new director from the appropriate election\n\ndistrict to serve the remaining term in the event of a vacancy on\n\nthe board of directors;\n\n2. Collect assessments pursuant to the Boll Weevil Eradication\n\nAct;\n\n3. Conduct programs consistent with the Boll Weevil Eradication\n\nAct;\n\n4. Determine and establish the assessment annually for the\n\nfollowing crop year pursuant to the Boll Weevil Eradication Act and\n\nthe program enabling referendum. The assessment shall be determined\n\nupon a fair and equitable system that is based on cotton production\n\nand infestation factors. The assessment shall be a flexible rate\n\nnot to exceed Seven Dollars and fifty cents ($7.50) per acre and one\n\ncent ($.01) per pound of lint produced. Upon any change in the\n\nassessment rate, the board shall immediately notify growers and\n\ncotton gins of the new rate;\n\n5. Develop bylaws for the due and orderly administration of the\n\naffairs of the board of directors and for its responsibilities\n\nspecified pursuant to the provisions of the Boll Weevil Eradication\n\nAct;\n\n6. Develop, implement and pay for a plan for boll weevil\n\neradication and posteradication maintenance and control in this\n\nstate;\n\n7. Advise, consult, and cooperate with agencies of this state,\n\npolitical subdivisions, other states, the federal government, and\n\naffected groups;\n\n8. Collect and disseminate information relating to boll weevil\n\neradication and posteradication maintenance and control;\n\n9. Recommend the designation of “eradicated areas” to the State\n\nBoard of Agriculture upon completion of active eradication and the\n\nbeginning of posteradication maintenance and control;\n\n10. Sue and be sued, implead and be impleaded, complain and\n\ndefend in all courts;\n\n11. Adopt, use, and alter at will a corporate seal;\n\n12. Adopt bylaws for the management and regulation of its\n\naffairs and to promulgate and issue rules governing its operations;\n\n13. Appoint officers, agents, and employees and prescribe their\n\nduties and fix their compensation, within any limitations prescribed\n\nby law;\n\n14. Make contracts of every name and nature and execute all\n\ninstruments necessary or convenient for the carrying on of the\n\nbusiness of the Oklahoma Boll Weevil Eradication Organization;\n\n15. Accept grants from and enter into contracts or other\n\ntransactions with any federal agency;\n\n16. Issue and sell bonds, or borrow money, in amounts as shall\n\nbe needed from time to time for the purposes set forth in the Boll\n\nWeevil Eradication Act.\n\na. The bonds may:\nng on of the\n\nbusiness of the Oklahoma Boll Weevil Eradication Organization;\n\n15. Accept grants from and enter into contracts or other\n\ntransactions with any federal agency;\n\n16. Issue and sell bonds, or borrow money, in amounts as shall\n\nbe needed from time to time for the purposes set forth in the Boll\n\nWeevil Eradication Act.\n\na. The bonds may:\n\n(1) be issued in one or more series,\n\n(2) bear the date or dates,\n\n(3) mature at time or times not exceeding twenty (20)\n\nyears from their date,\n\n(4) be in denomination or denominations,\n\n(5) be in form, either coupon or registered,\n\n(6) carry registration and conversion privileges,\n\n(7) be executed in a proper manner,\n\n(8) be payable in medium of payment at a place or\n\nplaces,\n\n(9) be subject to terms of redemption with or without\n\npremium, and\n\n(10) bear rate or rates of interest, as may be\n\nprovided by resolution or resolutions to be\n\nadopted by the Board within limits provided by\n\nlaw, and be sold in a manner and at a price or\n\nprices as may be considered by the Board to be\n\nadvisable.\n\nb. Bonds shall have all the qualities and incidents of\n\nnegotiable paper, and the interest thereon shall not\n\nbe subject to taxation by the State of Oklahoma.\n\nc. The board of directors may issue bonds pursuant to the\n\nBoll Weevil Eradication Act for the purpose of\n\nrenewing funding of any obligations of the board of\n\ndirectors, or may authorize and deliver a single issue\n\nof bonds hereunder for the purpose in part of renewing\n\nfunding for obligations of the board.\n\nd. The bonds issued pursuant to the Boll Weevil\n\nEradication Act shall not be an indebtedness of the\n\nState of Oklahoma but shall be special obligations\n\npayable solely from the assessments. The board of\n\ndirectors is authorized and directed to pledge all or\n\nany part of the assessments to the payment of and\n\ninterest on the bonds.\n\ne. The board of directors may enter into any agreement or\n\ncontracts with the United States of America or the\n\nState of Oklahoma or any agency or instrumentality\n\nthereof which it may consider advisable or necessary\n\nin order to obtain a grant of funds or other aid to be\n\nused in connection with the proceeds of the bonds.\n\nf. All bonds issued pursuant to the Boll Weevil\n\nEradication Act shall have on the backs thereof the\n\ncertificate required by Section 29 of Article 10 of\n\nthe Constitution of Oklahoma. The bonds shall be\n\nsubmitted to the Attorney General of Oklahoma for\n\nexamination. The bonds, having been examined and\n\ncertified as legal obligations by the Attorney General\n\nin accordance with the requirements as the Attorney\n\nGeneral may make, shall be incontestable in any court\n\nin the State of Oklahoma unless suit thereon shall be\n\nbrought in a court having jurisdiction thereof within\n\nthirty (30) days from the date of approval. Bonds so\n\napproved by the Attorney General shall be prima facie\n\nvalid and binding obligations according to their\n\nterms. The only defense that may be offered in any\n\nsuit instituted after a thirty-day period shall have\n\nexpired shall be a violation of the Constitution.\n\ng. Any bank, trust, or insurance company organized under\n\nthe laws of Oklahoma may invest its capital, surplus,\n\nand reserves in bonds issued under the provisions of\n\nthe Boll Weevil Eradication Act;\n\n17. File an application, at its discretion, with the Supreme\n\nCourt of Oklahoma for the validation of the Boll Weevil Eradication\n\nAct or for the approval of any series of bonds to be issued\n\nhereunder or any other actions to be taken by the board of\n\ndirectors. Exclusive original jurisdiction is hereby conferred upon\n\nthe Supreme Court to hear and determine each application.\n\na. It shall be the duty of the Supreme Court to give\n\napplications precedence over the other business of the\n\nSupreme Court and to consider and pass upon the\n\napplications and any protests that may be filed\nsued\n\nhereunder or any other actions to be taken by the board of\n\ndirectors. Exclusive original jurisdiction is hereby conferred upon\n\nthe Supreme Court to hear and determine each application.\n\na. It shall be the duty of the Supreme Court to give\n\napplications precedence over the other business of the\n\nSupreme Court and to consider and pass upon the\n\napplications and any protests that may be filed\n\nthereto as speedily as possible.\n\nb. Notice of the hearing on each application shall be\n\ngiven by a notice published in a newspaper of general\n\ncirculation in the state that on a day named, the\n\nboard of directors will ask the court to hear its\n\napplication. The notice shall inform all persons\n\ninterested that they may file protests against the\n\nvalidation or approval and be present at the hearing\n\nand contest the same. The notice shall be published\n\none time, not less than ten (10) days prior to the\n\ndate named for the hearing, and the hearing may be\n\nadjourned from time to time at the discretion of the\n\ncourt.\n\nc. In any action to approve bonds, if the Supreme Court\n\nis satisfied that the bonds have been properly\n\nauthorized in accordance with the provisions of the\n\nBoll Weevil Eradication Act and that when issued they\n\nwill constitute valid obligations in accordance with\n\ntheir terms, the Supreme Court shall render its\n\nwritten opinion approving the bonds and shall fix the\n\ntime within which a petition for rehearing may be\n\nfiled. The decision of the Supreme Court shall be a\n\njudicial determination of the validity of the bonds,\n\nshall be conclusive as to the board of directors, its\n\nofficers and agents, and thereafter the bonds so\n\napproved and the revenues pledged to their payment\n\nshall be incontestable in any court in the State of\n\nOklahoma;\n\n18. Conduct elections, at the discretion of the board of\n\ndirectors, for any lawful purpose, including, but not limited to,\n\nany assessment modification policy to deal with natural disasters.\n\nElection procedures shall be established by the board of directors.\n\nFifty percent (50%) or more of the cotton growers voting shall\n\napprove each ballot issue for its adoption;\n\n19. Reexamine the number and composition of the existing\n\nelection districts in order to ensure fair and equitable geographic\n\nareas based upon cotton production density. If the board of\n\ndirectors determines that the number or composition of the election\n\ndistricts should be reestablished, the board of directors shall:\n\na. fairly and equitably establish the election districts\n\nnecessary utilizing geographic areas based upon cotton\n\nproduction density as the primary factor,\n\nb. conduct the election of the next board of directors\n\nconsistent with this section,\n\nc. hold public hearings regarding the establishment of\n\nelection districts,\n\nd. facilitate the expeditious transfer of authority to\n\nthe newly elected board of directors, and\n\ne. establish terms of office for the new board consistent\n\nwith this section.\n\nAny elected or appointed board member shall have all the powers\n\nand duties as granted pursuant to the Boll Weevil Eradication Act;\n\nand\n\n20. Take any other actions deemed necessary by the board of\n\ndirectors to implement the provisions of the Boll Weevil Eradication\n\nAct.\n\nC. As used in this section, \"bonds\" means bonds, notes, loan\n\nagreements, or other forms of indebtedness issued or delivered by\n\nthe Oklahoma Boll Weevil Eradication Organization.\n\nD. The bylaws established by the board of directors relating to\n\nboll weevil eradication and the assessment referenda shall be\n\nsubmitted to the State Board of Agriculture for determination as to\n\nwhether the bylaws will be promulgated as rules of the State Board\n\nof Agriculture. The bylaws may be promulgated in whole or in part\n\nor may be returned for modification to the board of directors. The\n\nState Board of Agriculture shall comply with the Administrative\nboll weevil eradication and the assessment referenda shall be\n\nsubmitted to the State Board of Agriculture for determination as to\n\nwhether the bylaws will be promulgated as rules of the State Board\n\nof Agriculture. The bylaws may be promulgated in whole or in part\n\nor may be returned for modification to the board of directors. The\n\nState Board of Agriculture shall comply with the Administrative\n\nProcedures Act in promulgating any rules adopted pursuant to the\n\nprovisions of this subsection.\n\nE. The board of directors shall:\n\n1. Make available all books, records of account, and minutes of\n\nproceedings maintained by the Organization for inspection by the\n\nOffice of the State Auditor and Inspector for an audit in accordance\n\nwith the provisions of subsection B of Section 212 of Title 74 of\n\nthe Oklahoma Statutes;\n\n2. Not later than forty-five (45) days after the last day of\n\nthe fiscal year, submit to the Commissioner a report itemizing all\n\nincome and expenditures and describing all activities of the\n\nOrganization during the fiscal year;\n\n3. Provide surety bonds in amounts determined by the\n\nCommissioner for employees or agents who handle funds for the\n\nOrganization;\n\n4. Receive, hold in trust, and disburse all assessments and\n\nother funds collected pursuant to the Boll Weevil Eradication Act as\n\ntrust funds of the Organization; and\n\n5. Make available all books, records of account, and minutes of\n\nproceedings of the Organization for inspection or audit by the\n\nCommissioner at any reasonable time.\n\nF. 1. Pursuant to the authority granted by the Boll Weevil\n\nEradication Act, except for instances of gross negligence,\n\nindividual criminal actions or acts of dishonesty, the board of\n\ndirectors and employees of the board of directors are not\n\nindividually liable to a cotton grower or other person for:\n\na. errors in judgment,\n\nb. mistakes, or\n\nc. omissions.\n\n2. Under no circumstances shall the board of directors, the\n\nindividual board members, or employees of the board of directors be\n\npersonally liable for any bonds of the Organization.\n\n3. A member of the board of directors or an employee of the\n\nboard of directors is not individually liable for an act or omission\n\nof another member or employee of the board of directors.\n\nG. The board of directors shall serve without compensation but\n\nare entitled to reimbursement for reasonable and necessary expenses\n\nincurred in the discharge of their duties.","path":["OK Code","Title 2"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os2.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"79edba2013949b8f7d0105ced726a0a54f9a989b6db273c405400dc44ec0c1af","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-2-2-3-50.6","next":"us-ok/okla.-stat.-tit.-2-2-3-50.8"},"notice":"GroundRules: Original legal text. Not legal advice."}