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19 | 18 | | |
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20 | 19 | | AN ACT CONCERNING AP PLE ASSESSMENTS. |
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21 | 20 | | Be it enacted by the Senate and House of Representatives in General |
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22 | 21 | | Assembly convened: |
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23 | 22 | | |
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24 | 23 | | Section 1. Section 22-54r of the general statutes is repealed and the 1 |
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25 | 24 | | following is substituted in lieu thereof (Effective July 1, 2019): 2 |
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26 | 25 | | (a) There shall be paid by each apple producer to the Commissioner 3 |
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27 | 26 | | of Agriculture an assessment sufficient to cover the costs in the budget 4 |
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28 | 27 | | for implementation of the apple market order. The amount of the 5 |
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29 | 28 | | assessment shall be determined by the commissioner except that: (1) 6 |
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30 | 29 | | Such assessment shall not be less than one hundred dollars for any 7 |
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31 | 30 | | apple producer, and (2) any assessment in excess of six cents per first 8 |
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32 | 31 | | sale unit shall be approved by a referendum conducted in accordance 9 |
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33 | 32 | | with the provisions of subsection (c) of section 22-54q. The initial one 10 |
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34 | 33 | | thousand first sale units of any apple producer in each market season 11 |
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35 | 34 | | shall be exempt from the assessment. 12 |
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36 | 35 | | (b) Each apple producer subject to the assessment shall submit a 13 |
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37 | 36 | | return to the commissioner either annually on the fifteenth day of each 14 |
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46 | 44 | | dollars, or (2) based on the number of apples sold or removed from 17 |
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47 | 45 | | storage on or before the last day of the month preceding the month the 18 |
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48 | 46 | | assessment is due, whichever is greater. If the apple producer elects to 19 |
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49 | 47 | | submit a return annually he or she shall calculate the amount due by 20 |
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50 | 48 | | considering seventy-five per cent of his or her total harvest to be first 21 |
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51 | 49 | | sale units. The commissioner may require a producer to submit 22 |
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52 | 50 | | additional documentation regarding the number of first sale units in 23 |
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53 | 51 | | order to ensure that the assessment is proper. Any apple producer who 24 |
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54 | 52 | | fails to pay the assessment required under this section may be assessed 25 |
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55 | 53 | | a civil penalty of not more than one thousand dollars for each day 26 |
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56 | 54 | | during which such nonpayment continues after re ceipt of an 27 |
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57 | 55 | | assessment under this subsection. 28 |
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58 | 56 | | (c) Any revenues received during any marketing season and not 29 |
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59 | 57 | | expended may be paid by the commissioner at the end of the 30 |
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60 | 58 | | marketing season on a pro-rata basis to those apple producers who 31 |
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61 | 59 | | paid the assessment or may be carried over to the next marketing 32 |
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62 | 60 | | season as the commissioner deems necessary. 33 |
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63 | 61 | | (d) Any broker, distributor or handler who, at the request of the 34 |
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64 | 62 | | producer, deducts the amount of the assessment due on the first sale 35 |
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65 | 63 | | units sold or transferred from storage, shall be liable for accounting 36 |
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66 | 64 | | and payment of such assessment. 37 |
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67 | 65 | | (e) Any money collected by the commissioner pursuant to the 38 |
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68 | 66 | | provisions of this section shall not be deemed state funds and shall be 39 |
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69 | 67 | | deposited pursuant to section 4-33, in a qualified public depository in 40 |
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70 | 68 | | Connecticut. Such funds shall be expended by the commissioner for 41 |
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71 | 69 | | expenses incurred in administering the budget recommended by the 42 |
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72 | 70 | | board. 43 |
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73 | 71 | | This act shall take effect as follows and shall amend the following |
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74 | 72 | | sections: |
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75 | 73 | | |
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76 | 74 | | Section 1 July 1, 2019 22-54r |
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77 | 75 | | Raised Bill No. 1000 |
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78 | 76 | | |
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79 | 77 | | |
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