2-8-357
Section 2-8-357 Referendum - Levy of assessment. In the event a referendum levying an assessment
is passed, the commissioner, within 30 days, shall notify in writing all businesses where
shrimp and seafood are sold to the public at the first point of sale by commercial shrimp
boat owners and commercial seafood fishermen licensed and authorized to do business in the
state 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
which shall not exceed two cents ($.02) per pound of shrimp or other seafood as established
by joint resolution of the Legislature and shall be deducted from all sales, or shall not
exceed five cents ($.05) per gallon of diesel fuel purchased for use in any commercial shrimp
boat licensed to do business in this state. On or before the tenth day of each calendar month,
all assessments so deducted by sellers shall be remitted to the...
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2-8-355
Section 2-8-355 Referendum - Generally. (a) Upon certification by the board, an association
may hold and conduct on the part of the Alabama shrimpers and seafood fishermen, either singularly
or jointly, a referendum on the question of whether to levy upon themselves an assessment.
The referendum shall be conducted on a statewide or area basis as determined by the certified
association. (b) The certified association, not less than 30 days before the date of any referendum,
shall publicly announce the date, hours, polling places, and rules for voting in the referendum,
the geographic areas covered by the referendum, the amount and basis of the assessment proposed
to be collected, the means by which the assessment shall be collected, and the general purposes
for which the amount collected shall be expended and applied. The notice shall be published
by the certified association in its trade publication and written notice shall be given to
each county agent in the geographic area covered by...
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2-8-356
Section 2-8-356 Referendum - Voting. (a) If, in any referendum, a majority of the commercial
shrimp boat owners and commercial fishermen licensed and authorized to do business in the
state in 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 shrimpers
and seafood fishermen, either singularly or jointly, for a...
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2-8-161
Section 2-8-161 Collection of assessment; deductions for expenses. In the event the required
number of egg producers approve, by a referendum as provided in this article, the levying
of an assessment upon the sale of hens for a promotional program, the Commissioner of Agriculture
and Industries shall, within 30 days, notify in writing every person engaged in the business
of selling hens for the purpose of dressing, processing or reselling to processors, whether
said buyers [sellers] are located within the State of Alabama or not, 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, that the amount
of the assessment levied pursuant to the referendum shall be added by all such sellers of
hens to the sale price thereof where such hens are purchased within the area covered by the
referendum where such hens are sold for commercial processing or where such...
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2-8-366
Section 2-8-366 Violations. Any individual who sells shrimp or seafood in the state who willfully
fails or refuses to deduct and pay to the commissioner any assessment shall be guilty of a
misdemeanor and, upon conviction, shall be fined an amount equal to three times the amount
of the assessment the individual failed or refused to collect and remit as required under
this article. The amount of any fine shall be remitted to the commissioner and shall be transferred
by the commissioner to the account of the certified association entitled to the assessment.
(Act 2004-301, p. 427, §17.)...
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2-8-241
Section 2-8-241 Collection of assessments; deductions by first purchaser; remittance to commissioner;
inspection of books and records; commissioner to deduct percent for expenses. In the event
the required number of wheat, corn, grain sorghum, and oats producers approve, by a referendum
as provided hereunder, the levy of an assessment upon the sale of wheat, corn, grain sorghum,
and oats for a promotional program, the Commissioner of Agriculture and Industries shall,
within 30 days, notify in writing every person engaged in the business of buying wheat, corn,
grain sorghum, and oats whether said buyers are located within the State of Alabama or not,
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,
that the amount of the assessment levied pursuant to the referendum shall be deducted by all
purchasers of wheat, corn, grain sorghum, and oats from...
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2-8-91
Section 2-8-91 Collection of assessments; deductions for expenses. In the event the required
number of soybean producers approve, by a referendum as provided in this article, the levying
of an assessment upon the sale of soybeans for a promotional program, the Commissioner of
Agriculture and Industries shall, within 30 days, notify in writing every person engaged in
the business of buying soybeans, whether said buyers are located within the State of Alabama
or not, 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, that the amount of the assessment levied pursuant to the referendum shall
be deducted by all purchasers of soybeans from the sale price thereof where such soybeans
are purchased within the state. The deductions of assessments as required by this article
shall be deducted by the first purchaser from the grower of the soybeans. "First...
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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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2-8-201
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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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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