2-8-193
Section 2-8-193 Application for certification and approval to conduct referendum - Generally.
(a) Any commission, established by the mutual agreement of any two or more nonprofit associations
of cotton producers, fairly and substantially representative of the producers of cotton throughout
the state, may at any time after May 5, 1981, make application to the State Board of Agriculture
and Industries for certification and approval for the purpose of conducting a referendum among
cotton producers of the state, upon the question of levying an assessment, collecting, expending
and utilizing the same for the purpose or purposes authorized under this article and as stated
in such referendum. For the purpose of determining whether the cotton producers are fairly
represented by such applicant, the nonprofit associations establishing the commission or the
commission shall submit to the State Board of Agriculture and Industries for approval or disapproval
a plan or system for dividing the state...
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2-8-128
Section 2-8-128 Eligibility to vote in referendum; question before voters. 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 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 years in the amount set forth in the call for the
referendum on the agricultural product covered by the referendum. (Acts 1957, No. 108, p.
142, §9; Act 2002-406, p. 1023, §1.)...
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2-8-195
Section 2-8-195 Authority of certified commission to conduct referendum on assessment. Upon
being so certified by the State Board of Agriculture and Industries, such commission shall
thereupon be fully authorized and empowered to hold and conduct on the part of the Alabama
cotton producers a referendum wherein they shall be entitled to vote on the question of whether
or not they shall levy upon themselves an assessment under and subject to and for the purpose
stated in this article. The referendum shall be conducted on a statewide basis. (Acts 1981,
No. 81-388, p. 586, §6.)...
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2-8-200
Section 2-8-200 Subsequent referendums. In the event any such referendum conducted as herein
provided shall fail to receive the required number of affirmative votes from cotton producers
eligible for participation and voting therein, then the certified commission conducting the
said referendum shall be authorized to call another referendum for the purposes herein set
forth in the next succeeding year, on the question of an assessment and promotional program
for the period authorized by this article, provided no such referendum shall be held within
a period of 12 months from the date on which the last referendum was held; and such commission
shall call another statewide referendum for the purposes herein set forth after the expiration
of ten years from the date on which the last such referendum failed to receive the required
number of affirmative votes from cotton producers voting therein, and each ten years thereafter.
In the event such referendum is carried or favored by the required...
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2-8-235
Section 2-8-235 Authority of certified association to conduct referendum on assessment. Upon
being so certified by the State Board of Agriculture and Industries, such organization shall
thereupon be fully authorized and empowered to hold and conduct on the part of the Alabama
wheat, corn, grain sorghum, and oats producers a referendum wherein they shall be entitled
to vote on the question of whether or not they shall levy upon themselves an assessment under
and subject to and for the purpose stated in this article. The referendum shall be conducted
on a statewide basis. (Acts 1985, No. 85-701, p. 1142, §6.)...
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2-8-155
Section 2-8-155 Authority of certified association to conduct referendum on assessment. Upon
being certified by the State Board of Agriculture and Industries in the manner set forth in
Section 2-8-154, such organization shall thereupon be fully authorized and empowered to hold
and conduct on the part of the producers of eggs in Alabama a referendum wherein they shall
be entitled to vote on the question of whether or not an assessment shall be levied upon such
producers under and subject to and for the purpose stated in this article. The referendum
may be conducted either on a statewide or area basis as may be determined by the certified
association and approved by the State Board of Agriculture and Industries. (Acts 1963, No.
351, p. 844, §6.)...
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2-8-209
Section 2-8-209 Enforcement duties of commissioner; revocation of certification of commission.
It shall be the duty of the Commissioner of Agriculture and Industries through the facilities
of the Department of Agriculture and Industries to enforce and collect the assessment charges
levied upon the ginning of cotton as set forth under the provisions of this article and to
enforce the rules and regulations of the State Board of Agriculture and Industries relative
thereto. The State Board of Agriculture and Industries shall have authority at any time to
revoke or cancel any approval or certification of a commission in the event it finds that
such commission is not carrying out its promotional program in accordance with the provisions
of this article and rules and regulations promulgated thereunder. Before any certification
may be revoked, the certified commission shall be given notice and an opportunity to be heard
by the State Board of Agriculture and Industries upon the question of...
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2-8-240
Section 2-8-240 Subsequent referendums. In the event any such referendum conducted as herein
provided shall fail to receive the required number of affirmative votes from wheat, corn,
grain sorghum, and oats producers eligible for participation and voting therein, then the
certified association conducting the said referendum shall be authorized to call another referendum
for the purposes herein set forth in the next succeeding year, on the question of an assessment
and promotional program for the period authorized by this article, provided no such referendum
shall be held within a period of 12 months from the date on which the last referendum was
held. In the event such referendum is carried or favored by the required number of eligible
wheat, corn, grain sorghum, and oats producers participating therein and assessments in pursuance
thereof are levied for the period set forth in the call for such referendum, then the organization
conducting such referendum shall have full power and...
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2-8-168
Section 2-8-168 Enforcement duties of commissioner; revocation of certification of association.
It shall be the duty of the Commissioner of Agriculture and Industries, through the facilities
of the Department of Agriculture and Industries, to enforce and collect the assessment charges
levied upon the sale of hens under the provisions of this article and to enforce the rules
and regulations of the State Board of Agriculture and Industries relative thereto. The State
Board of Agriculture and Industries shall have authority at any time to revoke or cancel any
approval or certification of an association in the event it finds that such association is
not carrying out its promotional program in accordance with the provisions of this article
and rules and regulations promulgated thereunder. Before any certification may be revoked,
the certified organization shall be given notice and an opportunity to be heard by the State
Board of Agriculture and Industries upon the question of whether its...
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2-8-201
Section 2-8-201 Collection of assessment; "ginner" defined; remittance of assessments
by ginner; inspection of books and records by commissioner; deductions for expenses. (a) In
the event the required number of cotton producers approve, by a referendum as provided hereunder,
the levying of an assessment upon the ginning of cotton for a promotional program, the Commissioner
of Agriculture and Industries shall, within 30 days, notify in writing every person engaged
in the business of ginning cotton in Alabama that on or after the date designated in such
notice, which shall not be less than 30 nor more than 60 days after the mailing of such notice
by the Commissioner of Agriculture and Industries, the amount of the assessment levied pursuant
to the referendum shall be collected by all ginners of cotton when such cotton is ginned within
the state. (b) For the purposes of this article, the word "ginner" shall mean any
person, partnership, corporation or cooperative association, public or...
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