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2-13-115
Section 2-13-115 Notice of referendum; amount of assessment; mail ballot; proof of eligibility
of bulk tank unit to vote. (a) With respect to any referendum conducted under the provisions
of this article, the state ADA and Alabama Farmers Dairy Division shall, before calling and
announcing such referendum, fix, determine and publicly announce at least 30 days before the
date determined upon for such referendum, the date, hours and polling places for voting in
such referendum, the amount and basis of the assessment proposed to be collected, the means
by which such assessment shall be collected if authorized by the producers, and the general
purposes to which said amount so collected shall be applied. No annual assessment levied under
the provisions of this article shall exceed the federally mandated $0.15 per hundredweight
of milk produced; however, an amount not to exceed $0.10 per hundredweight of milk produced
shall be credited to the state ADA for dairy product promotion and...
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2-13-124
Section 2-13-124 Refund of assessment paid by dissatisfied bulk tank unit; transfer of funds
to National Dairy Board. In the event such referendum is carried in the affirmative and the
assessment is levied and collected as provided herein and under the regulations to be promulgated
by the state ADA, any bulk tank unit upon and against whom such assessments shall have been
levied and collected under the provisions of this article, if a bulk tank unit is dissatisfied
with said assessment and the result thereof, such unit shall have the right to demand the
treasurer of the state ADA to refund such assessment so collected from such bulk tank unit,
provided such demand for refund is made in writing within 30 days from the date on which said
assessment is collected or due to be collected, whichever is earlier, from such bulk tank
unit under the rules and regulations of the state ADA. Pursuant to the Dairy Promotion Stabilization
Act of 1983, 7 U.S.C. §4510 et seq., any such funds shall be...
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2-13-122
Section 2-13-122 Vote of cooperative association as roll of members; eligibility of cooperative
association to vote; notification of intent to vote. (a) In conducting any referendum under
this article, the state ADA and Alabama Farmers Dairy Division shall consider the approval
or disapproval by any cooperative association engaged in a bona fide manner in marketing milk
or the dairy products as the approval or disapproval of the producers who are members of or
under contract with such cooperative association of producers. (b) In order to be eligible
to vote in a referendum, a cooperative association must: (1) Certify to the state ADA and
Alabama Farmers Dairy Division in conjunction with casting its ballot, that the association
is organized under the provisions of the "Capper-Volstead Act" and that it is engaged
in a bona fide manner in marketing its members' milk or dairy products; (2) Certify to the
state ADA and Alabama Farmers Dairy Division in conjunction with casting its ballot,...
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2-13-112
Section 2-13-112 Definitions. The following terms shall have the following meanings unless
the context shall provide otherwise: (1) STATE. The State of Alabama; (2) MILK. Any class
of cow's milk produced in the state; (3) DAIRY PRODUCTS. Products manufactured for human consumption
which are derived from the processing of milk and includes fluid milk products; (4) FLUID
MILK PRODUCTS. Those dairy products normally consumed in liquid form; (5) PERSON. Any individual,
group of individuals, partnership, corporation, association, cooperative association, or any
other entity; (6) PRODUCERS. Any person engaged in the production of milk for commercial use;
(7) PROMOTION. Actions such as paid advertising, sales promotion and publicity to advance
the image and sales of and demand for dairy products; (8) NUTRITION EDUCATION. Those activities
intended to broaden the understanding of sound nutritional principle including the role of
milk and dairy products in a balanced diet; (9) STATE ADA. The...
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2-13-120
Section 2-13-120 Publication of referendum information; notice. Referendum date, hours, voting
places, rules and regulations with respect to the holding of such referendum shall be published
by the state ADA and Alabama Dairy Farmers Federation Service through the medium of the public
press in the state at least 30 days before the holding of such referendum, and direct written
notice thereof shall likewise be given to all dairy-related organizations within the state
and to each county extension agent and shall likewise state the method by which such 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. (Acts 1990, No. 90-584, p. 1013, §11.)...
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2-13-123
Section 2-13-123 Collection of assessment; enforcement. (a) In the event a majority of the
bulk tank units eligible for participation in such referendum and voting therein shall vote
in favor of such assessment, then the said assessment shall be collected monthly for the number
of years set forth in the call for such referendum, and the collection of such assessment
shall be under such method, rules and regulations as may be determined by the state ADA conducting
the same; and the said assessment so collected shall be paid into the treasury of the state
ADA to be used together with other funds from other sources. Funds to be collected pursuant
to a referendum conducted under this article shall be withheld and paid by each handler, including
producer handlers, to the state ADA by the last calendar day of the month succeeding the month
in which the milk was received by the handler. (b) In the event of a failure to pay part or
all of an assessment levied pursuant to this article, the...
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2-13-118
Section 2-13-118 Collection of assessment if voted on. If in such referendum called under the
provisions of this article, a simple majority of the bulk tank units eligible to participate
and voting therein shall vote in the affirmative and in favor of the levying and collection
of such assessment proposed in such milk referendum covered thereby, then such assessment
shall be collected in the manner determined and announced by the state ADA. (Acts 1990, No.
90-584, p. 1013, §9.)...
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9-8-23
Section 9-8-23 Creation and incorporation of districts; increase or decrease in boundaries;
reorganization; change of name. (a) Any 25 owners of land lying within the limits of the territory
proposed to be organized into a district may file a petition with the State Soil and Water
Conservation Committee asking that a soil and water conservation district be organized to
function in the territory described in the petition. Such petition shall set forth: (1) The
proposed name of said district; (2) That there is need in the interest of the public health,
safety and welfare for a soil and water conservation district to function in the territory
described in the petition; (3) A description of the territory proposed to be organized as
a district, which description shall not be required to be given by metes and bounds or by
legal subdivisions but shall be deemed sufficient if generally accurate; and (4) A request
that the State Soil and Water Conservation Committee duly define the boundaries...
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45-5-141.20
Section 45-5-141.20 Powers and duties; annual dues; board of trustees; referendum election.
(a) This section shall apply only in Blount County. (b) A district for the delivery of fire
and emergency medical services may be formed in any unincorporated area of the county pursuant
to this section subject to the approval of a majority of the qualified electors who vote at
a referendum election for that purpose in the proposed district and for the approval of the
mandatory annual dues of the district. (c) In order to call for a referendum election for
the formation of a district, a petition signed by not less than 20 percent of the registered
voters who reside in the proposed district shall be presented to the county commission and
the Judge of Probate of Blount County. The petition shall contain an accurate legal description
of the proposed area and shall state the name of the proposed district. The petition for the
establishment of a district shall be accompanied by a request for the...
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7-1-201
Section 7-1-201 General definitions. (a) [Reserved]. (b) Subject to additional definitions
contained in the subsequent articles of this title which are applicable to specific articles
or parts thereof, and unless the context otherwise requires, in this title: (1) "Action,"
in the sense of a judicial proceeding, includes recoupment, counterclaim, set-off, suit in
equity, and any other proceeding in which rights are determined. (2) "Aggrieved party"
means a party entitled to pursue a remedy. (3) "Agreement," as distinguished from
"contract," means the bargain of the parties in fact, as found in their language
or inferred from other circumstances, including course of performance, course of dealing,
or usage of trade as provided in Section 7-1-303. (4) "Bank" means a person engaged
in the business of banking and includes a savings bank, savings and loan association, credit
union, and trust company. (5) "Bearer" means a person in possession of a negotiable
instrument, document of title, or...
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