HB180INTRODUCED
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350WEE-1
By Representatives Fidler, Marques, Sorrells, Clouse, Mooney,
Travis, Rehm, Standridge, Sells, Forte, Givens, Holk-Jones,
Lee, Hammett, Shirey, Gidley, Paramore, Baker, Crawford
RFD: Agriculture and Forestry
First Read: 22-Mar-23
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7 350WEE-1 03/21/2023 ZAK (L)cr 2023-782
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SYNOPSIS:
Under existing law, an organization certified by
the Alabama Department of Agriculture and Industries to
conduct a referendum on levying an assessment to
promote a commodity must follow certain requirements
for how notice must be given for the referendum.
Existing law specifies the amount of time an
assessment on the sale of nuts, bulbs, fruits, or
vegetables is effective before another referendum is
required.
Under existing law, the Commissioner of
Agriculture and Industries may deduct a percentage of
the sums remitted to him or her for distribution
pursuant to the assessment charged on the sale of nuts,
bulbs, fruits, and vegetables.
This bill would revise the requirements for how
notice must be given for a referendum on an assessment
regarding nuts, bulbs, fruits, and vegetables in
general and regarding peanuts specifically.
This bill would change the length of time an
assessment on the sale of nuts, bulbs, fruits, and
vegetables is in effect before a referendum is needed.
This bill would change the percentage the
Commissioner of Agriculture and Industries may deduct
from the sum of the assessment on the sale of nuts,
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bulbs, fruits, and vegetables for administrative costs.
Existing law also provides for the length of
time between audits of the books and accounts of an
organization certified to conduct a referendum
regarding an assessment on sheep and goat sales.
This bill would change the length of time
between audits of the books and accounts of an
organization certified to conduct a referendum
regarding an assessment on the sale of sheep and goats.
This bill would also make nonsubstantive,
technical revisions to update the existing code
language to current style.
A BILL
TO BE ENTITLED
AN ACT
Relating to Agriculture, to amend Sections 2-8-126,
2-8-128, 2-8-131, 2-8-133, 2-8-134, 2-8-135, and 2-8-323, Code
of Alabama 1975, to revise the requirements for giving notice
of a referendum on an assessment to be used to promote peanuts
specifically as well as other nuts, bulbs, fruits, and
vegetables; to revise the time an assessment on the sale of
nuts, bulbs, fruits, or vegetables is effective between
referendums; to revise the percentage the Commissioner of
Agriculture and Industries may deduct from the sum of the
assessment on nuts, bulbs, fruit, and vegetables; to revise
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the length of time between audits of an organization certified
to conduct a referendum regarding an assessment on the sale of
sheep and goats; and to make nonsubstantive, technical
revisions to update the existing code language to current
style.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 2-8-126, 2-8-128, 2-8-131, 2-8-133,
2-8-134, 2-8-135, and 2-8-323, Code of Alabama 1975, are
amended to read as follows:
"§2-8-126
When a referendum has been authorized as provided in
Section 2-8-125, the certified organization shall, before
calling and announcing such the referendum, fix, determine ,
and publicly announce, at least 30 days before the date
determined upon for such the referendum, the date, hours , and
polling places for voting in such the referendum, the amount
and basis of the assessment proposed to be collected, the
means by which such the assessment shall be collected if
authorized by the growers , and the general purposes to which
said the amount so collected shall be applied. Such
noticeNotice shall be published by the certified association
through the medium of an established farm publication, and
written notice thereof shall be given to each county extension
chairman in the area covered by the referendum. Provided,
however, any referendum called under the provisions of this
article for the assessment of peanuts, notice shall also be
published once a week in a newspaper in the county in which
USDA inspection and buying points for peanuts are located for
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three successive weeks next preceding the referendum. No
annual assessment levied under the provisions of this article
shall exceed three fourths of one percent of the value of the
year's production of such agricultural commodity grown by any
farmer, producer , or grower included in the group to which
such the referendum is submitted."
"§2-8-128
Any referendum conducted under the provisions of this
article may be held either on an area or statewide basis, as
may be determined by the certified organization before the
referendum is called. The referendum , either on an area or
statewide basis, may be participated in by all producers
engaged in the production of the agricultural commodity on a
commercial basis who shall be are subject to any assessments
levied under this article and who produced the agricultural
commodity in any of the three crop years immediately preceding
the referendum. In the referendum, individuals eligible for
participation shall vote upon the question of whether or not
there shall be levied an annual assessment for a period of
three five years in the amount set forth in the call for the
referendum on the agricultural product covered by the
referendum."
"§2-8-131
The hours, voting places , and rules and regulations for
any referendum authorized in this article with respect to any
of the agricultural commodities herein referred to and the
area in which such the referendum shall be held shall be
established and determined by the organization of the
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commercial growers and producers of such agricultural
commodity duly certified by the State Board of Agriculture and
Industries as provided in this article. The said referendum
date, area, hours, voting places , and rules and regulations
with respect to the holding of such the referendum shall be
published in accordance with Section 2-8-126 by such
organization conducting the same through the medium of the
public press in the State of Alabama at least 30 days before
the holding of such referendum, and direct written notice
thereof shall likewise be given to farm organizations within
the State of Alabama and to each county agent in any county in
which such agricultural product is grown . Such notice Notice
shall likewise contain a statement of the amount of annual
assessment proposed to be levied, which shall not exceed the
amount specified in Section 2-8-126, and shall likewise state
the method by which such the assessment shall be collected and
how the proceeds thereof shall be administered and the
purposes to which the same shall be applied, which purposes
shall be in keeping with the provisions of this article."
"§2-8-133
(a)In the event a majority of the producers eligible
for participation in a referendum conducted under the
provisions of this article and voting therein , shall vote in
favor of the assessment, then the assessment shall be
collected annually for three five years, as set forth in the
call for the referendum, and the collection of the assessment
shall be under such method, rules, and regulations as may be
determined by the organization conducting the referendum. The
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assessment collected shall be paid into the treasury of the
organization conducting the referendum, to be used together
with other funds from other sources, including donations from
individuals, concerns, or corporations or other entities and
grants from state or governmental agencies, for the purpose of
promoting and stimulating encouraging, by research, education,
advertising, and other methods, the increased use and sale,
domestic and foreign, of the agricultural commodity covered by
the referendum.
(b) Upon the request of the duly certified organization
of producers of any agricultural products referred to in this
article, the Commissioner of Agriculture and Industries shall
notify, by registered or certified mail, all persons , firms,
and corporations engaged in the business of purchasing any
such agricultural products in this state that on and after the
date specified in the letter the assessments shall be deducted
by the purchaser or his or her agent or representative from
the purchase price of any such agricultural products. The
assessment deducted shall, on or before the twentieth day of
the month following the deduction, shall be remitted by the
purchaser to the Commissioner of Agriculture and Industries,
who shall thereupon , by the end of the month, shall pay the
amount of the assessments to the duly certified organization
entitled thereto. The books and records of all the purchasers
of agricultural products shall be open at all times during
regular business hours be open for inspection by the
Commissioner of Agriculture and Industries or his or her duly
authorized agents. The Commissioner of Agriculture and
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Industries shall be entitled to deduct five three percent of
all sums remitted to him or her under this section to defray
the expense incident to the administration of this article.
All amounts deducted shall be paid into the State Treasury and
be credited to the account of the Agricultural Fund."
"§2-8-134
In the event a referendum conducted as provided in this
article shall not be supported by a majority of those eligible
for participation therein and voting therein, then the
organization conducting the referendum shall have full power
and authority to may call another referendum for the purposes
set forth in this article no earlier than 90 days after the
preceding referendum , whether the referendum was conducted
before or after April 17, 2002 , on the question of an annual
assessment for three five years."
"§2-8-135
In the event a referendum conducted as provided in this
article is carried by the vote of a majority of the eligible
producers participating therein and assessments in pursuance
thereof are levied annually for three five years as set forth
in the call for the referendum, then the organization
conducting the referendum shall, in its discretion, have full
power and authority to may call and conduct, during the third
fifth year of the period, another referendum in which the
producers of such agricultural commodity shall vote upon the
question of whether or not assessments shall be continued for
the next ensuing three five years. The certified organization
shall have the full power and authority to may hold subsequent
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referendums it deems necessary to alter or modify the terms of
the existing assessment. Intermediary referendums shall comply
with the terms and conditions of the original request. In the
event the intermediary referendum fails to receive a favorable
vote, the previously approved assessment shall remain in
force, and subsequent referendums shall be conducted as
provided in this article. However, if the intermediary
referendum receives an affirmative vote, no subsequent
referendum may be conducted until the passage of one year."
"§2-8-323
(a) A certified association receiving and disbursing
funds, following the close of its fiscal year every two five
years, shall cause an audit of its books and accounts for the
two five-year period to be conducted by a certified public
accountant, disclosing receipts, disbursements, expenditures,
and other related information, and a copy of the auditor's
report shall be forwarded to the board for inspection and
review. The Department of Examiners of Public Accounts may
audit, review, and investigate the receipts and disbursements
of the funds in the same manner that those duties are
performed for examination and audits of agencies and
departments of the state.
(b) Any examination or audit required by this section
shall be open to public inspection.
(c) Within 90 days following the close of a certified
association's fiscal year, if it has received any funds from
assessments levied and collected pursuant to this article, the
association shall forward a copy of a financial statement to
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the state board showing the amount received and collected and
the amount spent for each project and item. The statement
shall be available for public inspection."
Section 2. This act shall become effective on the first
day of the third month following its passage and approval by
the Governor, or its otherwise becoming law.
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