Hawaii 2022 Regular Session

Hawaii Senate Bill SB3336 Compare Versions

Only one version of the bill is available at this time.

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1	1	THE SENATE S.B. NO. 3336 THIRTY-FIRST LEGISLATURE, 2022 STATE OF HAWAII A BILL FOR AN ACT RELATING TO AGRICULTURAL COMMODITIES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	THE SENATE S.B. NO. 3336
4	4	THIRTY-FIRST LEGISLATURE, 2022
5	5	STATE OF HAWAII
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7	7	THE SENATE
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9	9	S.B. NO.
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13	13	THIRTY-FIRST LEGISLATURE, 2022
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17	17	STATE OF HAWAII
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31	31	A BILL FOR AN ACT
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37	37	RELATING TO AGRICULTURAL COMMODITIES.
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43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47	47	SECTION 1. The legislature finds that agricultural commodity industries are vital elements of the state economy, employ residents, produce tax revenues, encourage responsible stewardship of valuable resources, and produce substantial food for the State, nation, and world. The legislature also finds that adequate protection should be given to agricultural commodities and commodity uses, activities, and operations. Each viable commodity should be promoted individually and as part of a stabilized comprehensive industry by increasing consumption of commodities in the State, nationally, and internationally. The legislature further finds that agricultural commodity commissions may support commodity industries and enhance and preserve the economic interests of the State. These commissions could be funded by the public through fees assessed according to the relationship of the fee payer to a particular program. Mandated cooperative efforts by commodity commissions can provide effective ways to avoid economic waste and maintain stable agricultural markets. Agricultural commodity commissions would not benefit individual persons engaged in commodity industries, instead they would improve overall conditions for the particular commodities for which commissions are established, and thereby benefit the overall economy of the State. Accordingly, the purpose of this Act is to authorize the department of agriculture to establish agricultural commodity commissions for agricultural commodities produced in the State. SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to title 11 to be appropriately designated and to read as follows: "CHAPTER AGRICULTURAL COMMODITY COMMISSIONS § -1 Definitions. For the purposes of this chapter, unless the context requires otherwise: "Agricultural commission" or "commission" means any commission established by the department pursuant to this chapter. "Agricultural commodity" means any distinctive type of agricultural, horticultural, viticultural, vegetable, animal, or seafood product, or any class, variety, or use thereof, in a natural or processed state. "Applicable commodity" means the agricultural commodity that is under a particular agricultural commission's purview. "Chairperson" means the chairperson of the board of agriculture. "Department" means the department of agriculture. § -2 Agricultural commodity commissions; established; duties; powers. (a) The department, by administrative rules adopted pursuant to chapter 91, may establish agricultural commodity commissions to support commodity industries that are integral to the economy of the State and that enhance and preserve the economic interests of the State. (b) Each commission shall: (1) Participate in the formulation and implementation of public policy through expressive activities; (2) Reflect a continuing commitment by the State to the applicable commodity; (3) Represent a policy of support for persons engaged in the applicable commodity industry and for their critical role in the economy of the State, especially the economy of rural areas; (4) Provide benefits to the entire applicable commodity industry and all the residents of the State; (5) Enhance the image of the applicable commodity for the purpose of increasing the overall demand for the commodity, which shall be accomplished by operating primarily to create a more receptive environment for the commodity and for the individual efforts of persons engaged in the applicable commodity industry, and complementing individual, targeted, and specific activities; (6) Use mandatory cooperative efforts to complement state, federal, and international laws and programs, to the extent authorized by the department; (7) Protect the citizens of the State by educating them regarding the quality, care, and methods used in the production of the applicable commodity; (8) Increase knowledge of the healthful qualities, dietetic value, or other positive aspects of the applicable commodity; and (9) Support and engage in research programs and activities that benefit the planting, production, harvesting, handling, processing, marketing, and use of the applicable commodity. (c) Each commission may: (1) Request that the department collect assessments levied by the commission; provided that the assessments are approved by the department; (2) Study state and federal tariffs, duties, reciprocal trade agreements, import quotas, and other matters affecting commodity industries and the State; (3) Represent and protect the interests of a commodity industry regarding any legislation, proposed legislation, or executive action affecting the applicable commodity industry; (4) Participate in federal and state hearings or other proceedings concerning regulation of the manufacture, distribution, sale, or use of pesticides or other chemicals that are of use or potential use to producers of the applicable commodity; provided that this paragraph shall not be construed to authorize any commodity commission to regulate the use of pesticides; (5) To the extent consistent with the duties of the commission, participate in and cooperate with local, state, national, and international private organizations or governmental agencies that engage in work similar to that of the commission; (6) Gather, publicize, and disseminate information that shows the importance of the consumption or other use of the applicable commodity to public health, the environment, the economy, and the proper nutrition of children and adults; and (7) Propose to the department the adoption, amendment, or repeal of rules pursuant to chapter 91 that relate to the purposes of the chapter. (d) The department may adopt administrative rules, pursuant to chapter 91, that authorize any commission to: (1) Levy assessments relating to commodities; (2) Borrow money for certain commission purposes, as specified by the department; (3) Enter into contracts for carrying out certain duties of the commission, as specified by the department; (4) Sue and be sued in the name of the commission, to the extent authorized by the department; (5) Provide mechanisms for maintaining and expanding existing markets and developing new domestic and foreign markets for a commodity, including: (A) Public relations programs; (B) Media relations programs; (C) Paid print, electronic and position advertising; (D) Point of sale promotion and merchandising; (E) Paid sales promotions and coupon programs; and (F) Activities that prevent, modify, or eliminate trade barriers that obstruct the free flow of a commodity to market. (6) Conduct and fund research to: (A) Enhance the commercial value of a commodity and products derived from the commodity; (B) Identify potential benefits to public health, the environment, or the economy of consuming or otherwise using a commodity; (C) Improve production, harvesting, irrigation, processing, transportation, handling, marketing, and uses of a commodity; (D) Control or eradicate hazards to a commodity, including hazards from animals, pests, and plants; (E) Develop viable alternatives for the rotation of crops; (F) Determine new or potential demand for a commodity and develop appropriate market development strategies for capturing that demand; and (G) Measure the effectiveness of marketing, advertising, or promotional programs; and (7) Fund scholarships for or provide financial assistance to persons or entities interested in the applicable commodity; and (8) Take other appropriate actions for the purposes of this chapter. § -3 Department duties relating to commissions. (a) The department shall: (1) Carry out the assigned organizational procedures under this chapter, including the appointment and removal of members of any agricultural commodity commission; (2) Monitor the practices or methods used or proposed for use by any agricultural commodity commission in carrying out the goals and needs identified by the budget of the commission; (3) Promote cooperation among the several commissions and other relevant state agencies and assist in the interchange of information and experience among those commissions and agencies; (4) Review commission budgets; (5) Authorize and collect assessments approved by the commissions; and (6) Adopt rules, pursuant to chapter 91, necessary for the purposes of this chapter. (b) The department shall review, and may approve or disapprove, plans, projects, and assessments recommended by a commission for commodity promotion, advertising, and research and for the dissemination of consumer and commodity industry information. In reviewing plans and projects recommended by a commodity commission, the department shall consider whether the plan or project information is: (1) Factual; (2) Not disparaging to commodities outside of the commission's purview; and (3) Consistent with the purposes of this chapter. § -4 Commission members; appointment; removal. (a) The chairperson of the board of agriculture and the dean of the college of tropical agriculture and human resources at the University of Hawaii at Manoa, or their respective designees, shall serve as ex-officio non-voting members of each agricultural commodity commission. (b) The department shall determine the number, lengths of terms, and geographic representation of the members of any agricultural commodity commission; provided that the number of voting members of any commission shall be an odd number, and the lengths of the initial terms shall be varied to ensure staggered rotation of members. (c) Each member of an agricultural commodity commission shall: (1) Be a citizen of the United States; (2) Be a bona fide resident of the State; and (3) Have an active interest in the positive development and economic growth of the applicable commodity industry in the State. (d) The majority of voting members of any commission shall be producers of the applicable commodity. A producer member of a commission shall have paid an assessment adopted by the commission, if any, on the applicable commodity in each of the preceding three calendar years in which the assessment was due. At least one voting member shall be a handler of the applicable commodity. A handler member of a commission shall have collected an assessment adopted by the commission, if any, on the commodity in each of the preceding three calendar years in which the assessment was due. (e) Notwithstanding section 26-34(a) or any other law to the contrary, each member of an agricultural commodity commission, other than an ex-officio member, shall be appointed by the chairperson of the board of agriculture; provided that: (1) Each appointee shall otherwise be subject to the advice and consent of the senate pursuant to section 26-34(a); (2) Notwithstanding paragraph (1), the appointed member may serve as a temporary member of the commission, with all the rights, duties, and privileges of any other member; and (3) If the senate rejects the appointment of a temporary member of the commission, the member shall cease to be a temporary member. (f) Each commissioner confirmed by the senate is eligible for reappointment, unless otherwise provided by rules adopted by the department pursuant to chapter 91. (g) Notwithstanding section 26-34(d) or any other law to the contrary, the chairperson of the board of agriculture may remove or suspend for cause any member of any agricultural commodity commission, other than an ex-officio member, after due notice and public hearing. The chairperson shall immediately declare the seat of any appointed producer or handler member of a commission vacant whenever the chairperson finds that the member has ceased to be an active producer or handler in this State, is no longer a resident of the State, or is unable to perform the duties of office. (h) The voting members of a commission shall select one member to serve as chairperson of the commission and may select other members to serve as other commission officers, as appropriate. § -5 Compensation; expenses. The members of a commission shall serve without compensation but shall be reimbursed for expenses, including travel expenses, necessary for the performance of their duties." SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. SECTION 4. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________
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49	49	SECTION 1. The legislature finds that agricultural commodity industries are vital elements of the state economy, employ residents, produce tax revenues, encourage responsible stewardship of valuable resources, and produce substantial food for the State, nation, and world.
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51	51	The legislature also finds that adequate protection should be given to agricultural commodities and commodity uses, activities, and operations. Each viable commodity should be promoted individually and as part of a stabilized comprehensive industry by increasing consumption of commodities in the State, nationally, and internationally.
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53	53	The legislature further finds that agricultural commodity commissions may support commodity industries and enhance and preserve the economic interests of the State. These commissions could be funded by the public through fees assessed according to the relationship of the fee payer to a particular program. Mandated cooperative efforts by commodity commissions can provide effective ways to avoid economic waste and maintain stable agricultural markets. Agricultural commodity commissions would not benefit individual persons engaged in commodity industries, instead they would improve overall conditions for the particular commodities for which commissions are established, and thereby benefit the overall economy of the State.
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55	55	Accordingly, the purpose of this Act is to authorize the department of agriculture to establish agricultural commodity commissions for agricultural commodities produced in the State.
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57	57	SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to title 11 to be appropriately designated and to read as follows:
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59	59	"CHAPTER
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61	61	AGRICULTURAL COMMODITY COMMISSIONS
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63	63	§ -1 Definitions. For the purposes of this chapter, unless the context requires otherwise:
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65	65	"Agricultural commission" or "commission" means any commission established by the department pursuant to this chapter.
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67	67	"Agricultural commodity" means any distinctive type of agricultural, horticultural, viticultural, vegetable, animal, or seafood product, or any class, variety, or use thereof, in a natural or processed state.
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69	69	"Applicable commodity" means the agricultural commodity that is under a particular agricultural commission's purview.
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71	71	"Chairperson" means the chairperson of the board of agriculture.
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73	73	"Department" means the department of agriculture.
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75	75	§ -2 Agricultural commodity commissions; established; duties; powers. (a) The department, by administrative rules adopted pursuant to chapter 91, may establish agricultural commodity commissions to support commodity industries that are integral to the economy of the State and that enhance and preserve the economic interests of the State.
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77	77	(b) Each commission shall:
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79	79	(1) Participate in the formulation and implementation of public policy through expressive activities;
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81	81	(2) Reflect a continuing commitment by the State to the applicable commodity;
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83	83	(3) Represent a policy of support for persons engaged in the applicable commodity industry and for their critical role in the economy of the State, especially the economy of rural areas;
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85	85	(4) Provide benefits to the entire applicable commodity industry and all the residents of the State;
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87	87	(5) Enhance the image of the applicable commodity for the purpose of increasing the overall demand for the commodity, which shall be accomplished by operating primarily to create a more receptive environment for the commodity and for the individual efforts of persons engaged in the applicable commodity industry, and complementing individual, targeted, and specific activities;
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89	89	(6) Use mandatory cooperative efforts to complement state, federal, and international laws and programs, to the extent authorized by the department;
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91	91	(7) Protect the citizens of the State by educating them regarding the quality, care, and methods used in the production of the applicable commodity;
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93	93	(8) Increase knowledge of the healthful qualities, dietetic value, or other positive aspects of the applicable commodity; and
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95	95	(9) Support and engage in research programs and activities that benefit the planting, production, harvesting, handling, processing, marketing, and use of the applicable commodity.
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97	97	(c) Each commission may:
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99	99	(1) Request that the department collect assessments levied by the commission; provided that the assessments are approved by the department;
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101	101	(2) Study state and federal tariffs, duties, reciprocal trade agreements, import quotas, and other matters affecting commodity industries and the State;
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103	103	(3) Represent and protect the interests of a commodity industry regarding any legislation, proposed legislation, or executive action affecting the applicable commodity industry;
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105	105	(4) Participate in federal and state hearings or other proceedings concerning regulation of the manufacture, distribution, sale, or use of pesticides or other chemicals that are of use or potential use to producers of the applicable commodity; provided that this paragraph shall not be construed to authorize any commodity commission to regulate the use of pesticides;
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107	107	(5) To the extent consistent with the duties of the commission, participate in and cooperate with local, state, national, and international private organizations or governmental agencies that engage in work similar to that of the commission;
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109	109	(6) Gather, publicize, and disseminate information that shows the importance of the consumption or other use of the applicable commodity to public health, the environment, the economy, and the proper nutrition of children and adults; and
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111	111	(7) Propose to the department the adoption, amendment, or repeal of rules pursuant to chapter 91 that relate to the purposes of the chapter.
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113	113	(d) The department may adopt administrative rules, pursuant to chapter 91, that authorize any commission to:
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115	115	(1) Levy assessments relating to commodities;
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117	117	(2) Borrow money for certain commission purposes, as specified by the department;
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119	119	(3) Enter into contracts for carrying out certain duties of the commission, as specified by the department;
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121	121	(4) Sue and be sued in the name of the commission, to the extent authorized by the department;
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123	123	(5) Provide mechanisms for maintaining and expanding existing markets and developing new domestic and foreign markets for a commodity, including:
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125	125	(A) Public relations programs;
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127	127	(B) Media relations programs;
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129	129	(C) Paid print, electronic and position advertising;
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131	131	(D) Point of sale promotion and merchandising;
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133	133	(E) Paid sales promotions and coupon programs; and
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135	135	(F) Activities that prevent, modify, or eliminate trade barriers that obstruct the free flow of a commodity to market.
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137	137	(6) Conduct and fund research to:
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139	139	(A) Enhance the commercial value of a commodity and products derived from the commodity;
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141	141	(B) Identify potential benefits to public health, the environment, or the economy of consuming or otherwise using a commodity;
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143	143	(C) Improve production, harvesting, irrigation, processing, transportation, handling, marketing, and uses of a commodity;
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145	145	(D) Control or eradicate hazards to a commodity, including hazards from animals, pests, and plants;
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147	147	(E) Develop viable alternatives for the rotation of crops;
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149	149	(F) Determine new or potential demand for a commodity and develop appropriate market development strategies for capturing that demand; and
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151	151	(G) Measure the effectiveness of marketing, advertising, or promotional programs; and
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153	153	(7) Fund scholarships for or provide financial assistance to persons or entities interested in the applicable commodity; and
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155	155	(8) Take other appropriate actions for the purposes of this chapter.
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157	157	§ -3 Department duties relating to commissions. (a) The department shall:
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159	159	(1) Carry out the assigned organizational procedures under this chapter, including the appointment and removal of members of any agricultural commodity commission;
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161	161	(2) Monitor the practices or methods used or proposed for use by any agricultural commodity commission in carrying out the goals and needs identified by the budget of the commission;
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163	163	(3) Promote cooperation among the several commissions and other relevant state agencies and assist in the interchange of information and experience among those commissions and agencies;
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165	165	(4) Review commission budgets;
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167	167	(5) Authorize and collect assessments approved by the commissions; and
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169	169	(6) Adopt rules, pursuant to chapter 91, necessary for the purposes of this chapter.
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171	171	(b) The department shall review, and may approve or disapprove, plans, projects, and assessments recommended by a commission for commodity promotion, advertising, and research and for the dissemination of consumer and commodity industry information. In reviewing plans and projects recommended by a commodity commission, the department shall consider whether the plan or project information is:
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173	173	(1) Factual;
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175	175	(2) Not disparaging to commodities outside of the commission's purview; and
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177	177	(3) Consistent with the purposes of this chapter.
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179	179	§ -4 Commission members; appointment; removal. (a) The chairperson of the board of agriculture and the dean of the college of tropical agriculture and human resources at the University of Hawaii at Manoa, or their respective designees, shall serve as ex-officio non-voting members of each agricultural commodity commission.
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181	181	(b) The department shall determine the number, lengths of terms, and geographic representation of the members of any agricultural commodity commission; provided that the number of voting members of any commission shall be an odd number, and the lengths of the initial terms shall be varied to ensure staggered rotation of members.
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183	183	(c) Each member of an agricultural commodity commission shall:
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185	185	(1) Be a citizen of the United States;
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187	187	(2) Be a bona fide resident of the State; and
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189	189	(3) Have an active interest in the positive development and economic growth of the applicable commodity industry in the State.
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191	191	(d) The majority of voting members of any commission shall be producers of the applicable commodity. A producer member of a commission shall have paid an assessment adopted by the commission, if any, on the applicable commodity in each of the preceding three calendar years in which the assessment was due. At least one voting member shall be a handler of the applicable commodity. A handler member of a commission shall have collected an assessment adopted by the commission, if any, on the commodity in each of the preceding three calendar years in which the assessment was due.
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193	193	(e) Notwithstanding section 26-34(a) or any other law to the contrary, each member of an agricultural commodity commission, other than an ex-officio member, shall be appointed by the chairperson of the board of agriculture; provided that:
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195	195	(1) Each appointee shall otherwise be subject to the advice and consent of the senate pursuant to section 26-34(a);
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197	197	(2) Notwithstanding paragraph (1), the appointed member may serve as a temporary member of the commission, with all the rights, duties, and privileges of any other member; and
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199	199	(3) If the senate rejects the appointment of a temporary member of the commission, the member shall cease to be a temporary member.
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201	201	(f) Each commissioner confirmed by the senate is eligible for reappointment, unless otherwise provided by rules adopted by the department pursuant to chapter 91.
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203	203	(g) Notwithstanding section 26-34(d) or any other law to the contrary, the chairperson of the board of agriculture may remove or suspend for cause any member of any agricultural commodity commission, other than an ex-officio member, after due notice and public hearing. The chairperson shall immediately declare the seat of any appointed producer or handler member of a commission vacant whenever the chairperson finds that the member has ceased to be an active producer or handler in this State, is no longer a resident of the State, or is unable to perform the duties of office.
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205	205	(h) The voting members of a commission shall select one member to serve as chairperson of the commission and may select other members to serve as other commission officers, as appropriate.
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207	207	§ -5 Compensation; expenses. The members of a commission shall serve without compensation but shall be reimbursed for expenses, including travel expenses, necessary for the performance of their duties."
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209	209	SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
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211	211	SECTION 4. This Act shall take effect upon its approval.
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215	215	INTRODUCED BY: _____________________________
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217	217	INTRODUCED BY:
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219	219	_____________________________
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225	225	Report Title: Agriculture; HDOA; Commodities; Commissions; Assessments; Rules Description: Authorizes the Department of Agriculture to establish agricultural commodity commissions for agricultural commodities produced in the State. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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231	231	Report Title:
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233	233	Agriculture; HDOA; Commodities; Commissions; Assessments; Rules
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237	237	Description:
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239	239	Authorizes the Department of Agriculture to establish agricultural commodity commissions for agricultural commodities produced in the State.
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247	247	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.