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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9-17-174
Section 9-17-174 referendum for assessment. (a) The qualified industry organization shall conduct
at its own expense a referendum among wholesalers and retail marketers doing business in the
State of Alabama on the question of whether to levy upon themselves an assessment. The referendum
shall be conducted on a statewide basis as determined by the qualified industry organization.
The council, if established, shall reimburse the qualified industry organization for the cost
of the referendum, accounting, and documentation. The referendum shall be conducted by an
independent auditing firm as determined and selected by the qualified industry organization.
The results, as certified by the independent auditing firm, shall be submitted to the Secretary
of State within 30 days of certification. Voting rights in the referendum shall be based on
the volume of odorized propane sold by retail marketers and wholesalers in the previous calendar
year in the State of Alabama. Upon approval of those...
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2-8-159
Section 2-8-159 Two thirds vote required for approval of assessment; canvass of results; amount
of assessment. If in any referendum held under the provisions of this article two thirds or
more of the egg producers in the area in which the referendum is conducted, eligible to participate
and voting therein, shall vote in the affirmative and in favor of the levying and collection
of the assessment proposed in such referendum, then such assessment shall be levied and collected
in the manner provided in this article. Two thirds or more of the eligible voters who actually
vote in the referendum shall be the number required for the levying of assessments for a promotional
program as authorized under this article. Following the referendum and within 10 days thereafter,
the certified association shall canvass, tabulate and publicly declare and announce the results
thereof. The amount of the assessment levied under this article shall not exceed the amount
authorized to be assessed for promotion...
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2-8-136
Section 2-8-136 Refund of assessment. In the event a referendum conducted as provided in this
article is carried in the affirmative and the assessment is levied and collected as provided
in this article and under the regulations to be promulgated by the duly certified organization
conducting the same, any farmer or producer upon and against whom such annual assessment shall
have been levied and collected under the provisions of this article, if dissatisfied with
said assessment and the results thereof, shall have the right to demand of and receive from
the treasurer of said organization a refund of such annual assessment so collected from such
farmer or producer, if such demand for refund is made in writing within 30 days from the date
on which said assessment is collected from such farmer or producer. (Acts 1957, No. 108, p.
142, §17.)...
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2-32-7
Section 2-32-7 Referendum - Voting; effects of vote. (a) If in any referendum, a majority of
the ratite producers of the geographic area in which the referendum is conducted and eligible
to participate and voting in the referendum, vote in favor of the levying and collection of
the assessment proposed in the referendum, then the assessment shall be levied and collected
in the manner provided in this chapter. Following the referendum and within 10 days thereafter,
the certified association shall canvass, tabulate, and publicly declare and announce the results
of the referendum. (b) In the event any referendum shall fail to receive the required number
of affirmative votes, then the certified association conducting the referendum may call another
referendum in the next succeeding year on the question of an assessment and promotional program
for a five-year period; provided, that no referendum may be held within a period of 12 months
from the date on which the last referendum was held. (c)...
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2-8-130
Section 2-8-130 Affirmative vote in referendum. If in any referendum called under the provisions
of this article, a majority of the producers in the area in which any referendum is conducted,
eligible to participate and voting therein, shall vote in the affirmative and in favor of
the levying and collection of the assessment proposed in the referendum on the agricultural
commodity covered thereby, then the assessment shall be collected in the manner determined
and announced by the organization conducting the referendum. (Acts 1957, No. 108, p. 142,
§11; Act 2002-406, p. 1023, §1.)...
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2-8-316
Section 2-8-316 Referendum - Voting. (a) If, in any referendum, a majority of the sheep and
goat producers of the geographic area in which the referendum is conducted and eligible to
participate and voting in the referendum, vote in favor of the levying and collection of the
assessment proposed in the referendum, then the assessment shall be levied and collected in
the manner provided in this article. Following the referendum and within 10 days thereafter,
the certified association shall canvass, tabulate, and publicly declare and announce the results
of the referendum. (b) In the event a referendum fails to receive the required number of affirmative
votes, then the certified association conducting the referendum may call another referendum
in the next succeeding year on the question of an assessment and promotional program for a
five-year period except that no referendum may be held within 12 months from the date on which
the last referendum was held. (c) In the event a referendum is...
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2-32-8
Section 2-32-8 Referendum - Levying an assessment. In the event a referendum levying an assessment
is passed, the commissioner shall within 30 days notify in writing feed distributors that
on or after the date designated in the notice, which shall be not less than 30 nor more than
60 days after the mailing of the notice by the commissioner, the amount of the assessment
shall be deducted from all feed sales. On or before the tenth day of each calendar month,
all assessments so deducted by feed distributors shall be remitted to the commissioner, less
three percent of the total assessment deducted, which may be retained by the feed distributor
to compensate him or her for the expense of collecting and remitting the assessments. The
books and records of all feed distributors shall at all times during regular business hours
be open for inspection by the commissioner or his or her duly authorized representatives or
agents for the purpose of ascertaining the accuracy of the amounts remitted...
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2-8-158
Section 2-8-158 Eligibility to vote in referendum; question to be voted on; period during which
assessments levied. Any referendum conducted under this article may be held on an area or
statewide basis, as may be determined by the certified association, pursuant to and in accordance
with the rules and regulations adopted for holding of such referendum. All owners of hens
engaged in the production of eggs who shall be subject to any assessment levied under this
article shall be entitled to vote in the referendum. In such referendum, individuals so eligible
for participation therein shall vote upon the question of whether there shall be levied an
assessment for a period, as provided in this article, in an amount set forth in the call for
such referendum, which amount shall not exceed the limitations prescribed by this article.
In the event the required number of owners of hens engaged in the production of eggs vote
in favor of levying and collecting assessments as authorized in this...
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2-8-317
Section 2-8-317 Referendum - Levy of assessment. In the event a referendum levying an assessment
is passed, the commissioner, within 30 days, shall notify in writing stockyards and small
ruminant selling points that on or after the date designated in the notice, which may not
be less than 30 nor more than 60 days after the mailing of the notice by the commissioner,
the amount of the assessment shall be fifty cents ($.50) per sheep or goat and shall be deducted
from all sales. On or before the tenth day of each calendar month, all assessments so deducted
by sellers shall be remitted to the commissioner, less two percent of the total assessment
deducted, which may be retained by the livestock broker to compensate him or her for the expense
of collecting and remitting the assessments. The books and records of all stockyards shall
at all times during regular business hours be open for inspection by the commissioner or his
or her duly authorized representatives or agents for the purpose of...
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