reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 5 - Eggs and Egg Products. › Section 2-8-158 - Eligibility to Vote in Referendum; Question to Be Voted On; Period During Which Assessments Levied.

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 article, the period of time during which such assessment shall be levied shall be five years following the first referendum and for periods of three years for subsequent referendums, as provided in Section 2-8-160.
(Acts 1963, No. 351, p. 844, §9.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 5 - Eggs and Egg Products. › Section 2-8-159 - Two Thirds Vote Required for Approval of Assessment; Canvass of Results; Amount of Assessment.

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 of poultry and poultry products as set out in the Constitution of Alabama 1901.
(Acts 1963, No. 351, p. 844, §10; Acts 1982, 2nd Ex. Sess., No. 82-766, p. 243.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 5 - Eggs and Egg Products. › Section 2-8-160 - Subsequent Referendums.

Section 2-8-160
Subsequent referendums.
In the event any referendum conducted as provided in this article shall fail to receive the required number of affirmative votes from egg producers eligible for participation and voting therein, then the certified association conducting the referendum shall be authorized to call another referendum for the purposes set forth in this article in the next succeeding year, on the question of an assessment and promotional program for the period authorized by this article, but no such referendum shall be held within a period of 12 months following the date on which the last referendum was held. In the event such referendum is carried or favored by the required number of eligible voters participating therein, and assessments in pursuance thereof are levied for the period set forth in the call for the referendum, then the organization conducting such referendum shall have power and authority to call and conduct during or after the last year of such period another referendum in which egg producers shall vote upon the question of whether or not such assessments shall be continued or renewed for another period of time, as authorized under this article. Any subsequent referendums shall be subject to all of the requirements of an original referendum conducted under the provisions of this article. The first referendum held under this article shall authorize the collection of assessments for a period not to exceed five years, and subsequent referendums may authorize such assessment for three-year periods.
(Acts 1963, No. 351, p. 844, §11.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 5 - Eggs and Egg Products. › Section 2-8-161 - Collection of Assessment; Deductions for Expenses.

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 hens are to be resold for that purpose. On or before the tenth day of each calendar month, all assessments so added by such seller shall be remitted to the Commissioner of Agriculture and Industries, by the seller. The books and records of all such sellers of hens subject to the assessment as levied under this article shall at all times during regular business hours be open for inspection by the Commissioner of Agriculture and Industries or his duly authorized representatives or agents for the purpose of ascertaining the accuracy of amounts remitted under this article. The Commissioner of Agriculture and Industries shall be entitled to deduct three percent of all sums remitted to the Department of Agriculture and Industries under this article to defray expenses incident to collection and administration thereof. The amount thus deducted by the commissioner for expenses incident to the administration of this article shall be paid into the State Treasury to the credit of the Agricultural Fund.
(Acts 1963, No. 351, p. 844, §12; Acts 1982, 2nd Ex. Sess., No. 82-768, p. 246, §1.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 5 - Eggs and Egg Products. › Section 2-8-162 - Remittances to Treasurer of Association.

Section 2-8-162
Remittances to treasurer of association.
The Commissioner of Agriculture and Industries shall remit to the treasurer of the certified association all moneys paid to or collected by him on a quarterly basis between the first and fifteenth days of January, April, July and October of each year, less a commission of three percent of the total amount so collected, which commission shall be deposited to the credit of the Agricultural Fund of the State Treasury. The amount remitted to the treasurer of the certified association shall be used and expended by such association for a promotional program in the manner provided by this article.
(Acts 1963, No. 351, p. 844, §13.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 5 - Eggs and Egg Products. › Section 2-8-163 - Bond of Treasurer of Association.

Section 2-8-163
Bond of treasurer of association.
Before any money is remitted by the Commissioner of Agriculture and Industries to the treasurer of an organization or association, as authorized under the provisions of this article, the treasurer of said organization shall furnish to the commissioner a bond approved by the commissioner in an amount not less than the estimated annual total amount of the assessments handled by such officer. The surety on said bond shall be a corporate surety company qualified to do business in Alabama, and said bond shall be conditioned upon the faithful handling, proper accounting and properly authorized expenditure of funds received and disbursed by the principal named in said bond.
(Acts 1963, No. 351, p. 844, §14.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 5 - Eggs and Egg Products. › Section 2-8-164 - Expenditure of Assessments.

Section 2-8-164
Expenditure of assessments.
The funds derived from any assessments levied upon the sale of hens as authorized under this article shall be used and expended by the certified association, after such funds are remitted to it by the Commissioner of Agriculture and Industries, for the purpose of promoting and stimulating, by advertising and other methods, the increased use and sale of eggs and egg products, and such funds may also be used for the financing or contributing toward the financing of research, experimental and educational programs for the efficient and economical production, distribution, processing and marketing of eggs and egg products. Any such certified association may enter into cooperative agreements with appropriate agencies of any public or private institution or organization, and funds derived from assessments to the extent agreed upon and approved may be contributed to such public or private institution or agency for such research, experimental and educational work as it may require for such work so conducted and performed pursuant to such an agreement. Any certified association may also formulate and establish a plan for advertising and sales promotion; and, to carry out such a promotional program, agreements for this purpose may be entered into with advertising and public relations agencies or organizations. Before any funds received as assessments under the provisions of this article are disbursed and expended for the purposes authorized in this section, the certified association shall prepare and formulate its promotional program on an annual basis, and said program shall be submitted to the State Board of Agriculture and Industries for its approval. Any funds expended by the certified association not authorized by the promotional program previously approved shall be deemed an unauthorized and illegal expenditure of such funds. Any funds approved for expenditure for a promotional program as authorized under this article are hereby appropriated for disbursement and expenditure by said certified association to carry out any such approved promotional program or programs, and it shall not be necessary for the Legislature to make any specific or general appropriation for such disbursements or expenditures, nor shall such disbursements or expenditures be subject to the budget and allotment requirements of Article 4 of Chapter 4 of Title 41 of this Code, and such disbursements and expenditures shall not be restricted or subject to any other requirements for general or special appropriations.
(Acts 1963, No. 351, p. 844, §15.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 5 - Eggs and Egg Products. › Section 2-8-165 - Joint Programs With Other States.

Section 2-8-165
Joint programs with other states.
Any certified association may enter into agreements with like associations, commissions or other agencies of other states for the purpose of conducting a similar egg and egg products promotional program and other activity, as authorized in this article, jointly with such associations, commissions or other agencies in other states, and such certified association shall be authorized to contribute a proportionate share of the cost and expense necessary for such a program.
(Acts 1963, No. 351, p. 844, §17.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 5 - Eggs and Egg Products. › Section 2-8-166 - Annual Audit of Association; Examination by Department of Examiners of Public Accounts; Publication of Statement.

Section 2-8-166
Annual audit of association; examination by Department of Examiners of Public Accounts; publication of statement.
The approved and certified association receiving and disbursing funds as authorized in this article shall, following the close of its fiscal year every two years, cause an audit of its books and accounts to be conducted by a certified public accountant, disclosing receipts, disbursements, expenditures, and other information related thereto, and a copy thereof shall be forwarded to the State Board of Agriculture and Industries for inspection and review. The Department of Examiners of Public Accounts may audit, review, and otherwise investigate the receipts and disbursements of the funds in the same manner that those duties are performed for examination and audits of agencies and departments of the state. An examination or audit as required by this section and submitted to the State Board of Agriculture and Industries shall be open to public inspection. Within 90 days following the close of a certified association's fiscal year, if it has received any funds from assessments levied and collected pursuant to this article, the association shall forward a copy of a financial statement to the state board showing the amount received and collected and the amount spent for each project and item. The statement shall be available for public inspection.
(Acts 1963, No. 351, p. 844, §18; Act 2010-257, p. 448, §1.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 5 - Eggs and Egg Products. › Section 2-8-167 - Rules and Regulations.

Section 2-8-167
Rules and regulations.
The State Board of Agriculture and Industries is hereby authorized and empowered to adopt and promulgate rules and regulations to carry out the evident intent and purpose of this article, which shall include rules and regulations governing the holding of referendums as adopted by the certified association, rules and regulations governing the collection, deposit, handling, withdrawal and disbursement of assessments collected under this article and such other reasonable rules and regulations as may be necessary to effectuate the evident intent and purposes of this article. The certified association authorized to conduct a promotional program as authorized under this article shall have a right to recommend such rules and regulations to the State Board of Agriculture and Industries; and, upon receipt of such recommended rules and regulations, said board shall meet within a period of not more than 90 days to consider their adoption. The certified association shall be given at least 10 days' notice in writing of any such meeting.
(Acts 1963, No. 351, p. 844, §19.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 5 - Eggs and Egg Products. › Section 2-8-168 - Enforcement Duties of Commissioner; Revocation of Certification of Association.

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 certification should be revoked.
(Acts 1963, No. 351, p. 844, §20.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 5 - Eggs and Egg Products. › Section 2-8-169 - Refund of Assessment.

Section 2-8-169
Refund of assessment.
Any owner of hens against whom any assessment is made and deducted under authority of this article, if dissatisfied with said assessment, shall have the right to demand and receive from the treasurer of the certified association a refund of the amount of the assessment collected from such seller of hens, if such demand for refund is made in writing within 30 days from the date on which such assessment was deducted from the sale price of hens sold. Applications for refunds of amounts deducted from such sale price must give the name and address of the purchaser of the hens, date of purchase, invoice number, if any, and the number of hens purchased from him for which the assessment was deducted. Within 30 days after the receipt of such application, the certified association shall, after such association determines that the assessment was paid as claimed in the application, refund the amount so paid as an assessment. The mailing by the association of a valid check in the amount of such assessment, payable to the seller, within 30 days after receipt of the application for refund, shall constitute a compliance with this section.
(Acts 1963, No. 351, p. 844, §21.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 5 - Eggs and Egg Products. › Section 2-8-170 - Permit Required of Sellers of Hens.

Section 2-8-170
Permit required of sellers of hens.
Any individual, partnership, corporation, association or other business unit which sells hens in Alabama shall, in the event assessments are required to be added to the purchase price of such hens under the provisions of this article, obtain from the Commissioner of Agriculture and Industries a permit which shall authorize such individual or business firm to engage in business in Alabama. The permit shall be valid and effective for an indefinite period unless revoked by the commissioner for failure to comply with the provisions of this article. The application for a permit shall be accompanied by a fee of $10.00 which shall be deposited in the State Treasury to the credit of the Agricultural Fund. The permit shall be conditioned upon compliance with the provisions of this article and rules and regulations duly adopted for carrying out the requirements of this article relative to the remittance of assessments by individuals or business firms selling hens in Alabama, whether such individuals or business firms are domiciled in Alabama or another state. The Board of Agriculture and Industries under Section 2-8-167, is empowered to exempt, by rules and regulations, sellers of hens from the permit requirements of this section when the board determines that insufficient hens are being sold by the seller.
(Acts 1963, No. 351, p. 844, §22; Acts 1982, 2nd Ex. Sess., No. 82-768, p. 246, §2.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 5 - Eggs and Egg Products. › Section 2-8-171 - Penalty; Inspection of Books and Records.

Section 2-8-171
Penalty; inspection of books and records.
Any seller of hens who willfully fails or refuses to pay to the Commissioner of Agriculture and Industries any assessment required to be so remitted to the commissioner shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount equal to three times the amount of the assessment he failed or refused to remit as required under this article. The amount of any fine under this section shall be remitted to the Commissioner of Agriculture and Industries and shall be forthwith transferred by the commissioner to the account of the certified association entitled thereto. Any seller of hens who fails or refuses to allow the Commissioner of Agriculture and Industries or his authorized agents and employees to inspect and review his books and records for the purpose of ascertaining the accuracy of amounts added and remitted as required under this article or any seller of hens who sells hens in Alabama without having a permit as required under Section 2-8-170 unless exempt by regulation shall be guilty of a misdemeanor and punished as now prescribed by law for such an offense.
(Acts 1963, No. 351, p. 844, §23; Acts 1982, 2nd Ex. Sess., No. 82-768, p. 246, §3.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 6 - Cotton and Cotton Products. › Section 2-8-190 - Legislative Purpose and Intent.

Section 2-8-190
Legislative purpose and intent.
It is hereby declared to be in the interest of the public welfare that producers of cotton shall be authorized and encouraged to act jointly and in cooperation with handlers, dealers, purchasers and ginners of cotton, with the Commissioner of Agriculture and Industries and with the State Board of Agriculture and Industries in promoting and stimulating by research, education, advertising and other methods, the increased and efficient production, distribution, use and sale of cotton and cotton products; and it is the intent and purpose of this article to authorize and provide a method and procedure for a promotional program for the cotton industry and the financing thereof pursuant to powers of the Legislature as authorized by Amendment No. 388 to the Constitution which expressly authorizes such activity.
(Acts 1981, No. 81-388, p. 586, §1.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 6 - Cotton and Cotton Products. › Section 2-8-191 - Authorized Activities Not Illegal or in Restraint of Trade.

Section 2-8-191
Authorized activities not illegal or in restraint of trade.
No association, meeting or activity undertaken in pursuance of the provisions of this article and intended to benefit the Alabama cotton producers and the cotton industry in general shall be deemed or considered illegal or in restraint of trade.
(Acts 1981, No. 81-388, p. 586, §2.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 6 - Cotton and Cotton Products. › Section 2-8-192 - Referendum to Levy Assessment Declared to Be in the Public Interest.

Section 2-8-192
Referendum to levy assessment declared to be in the public interest.
It is hereby further declared to be in the public interest and highly advantageous to the economy of the state that cotton producers be permitted by referendum as hereinafter provided to levy upon themselves an assessment, and to provide for the collection thereof for the financing or contributing toward the financing of a program of research, education, advertising and other methods designed to increase or promote the efficient and economical production, distribution and marketing as well as the increased use, consumption and sale of cotton and cotton products.
(Acts 1981, No. 81-388, p. 586, §3.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 6 - Cotton and Cotton Products. › Section 2-8-193 - Application for Certification and Approval to Conduct Referendum - Generally.

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 into six districts, each district to contain as nearly as possible the same number of acres planted to cotton during the last year immediately prior to the date of submitting such plan for which such statistics are available. The commission shall be composed of not more than eleven members, six of whom shall be elected representatives of the six respective districts into which the state is divided, as above provided, and the remainder shall be appointed from the state at large by the mutual consent of the nonprofit associations of cotton producers establishing the commission which applies for authorization to conduct the referendum and promotional program. Every member of the commission shall be a bona fide Alabama cotton producer. Any commission approved or certified hereunder by the State Board of Agriculture and Industries shall be authorized to execute or carry out such a promotional program within the limits prescribed by this article, and hereinafter shall be referred to as an approved or certified commission.
(b) Any commission authorized to make assessments pursuant to subsection (a) may make application to the State Board of Agriculture and Industries for certification and approval to conduct a referendum on the question of levying an assessment without any provision for refunds. The referendums and the levying, collection, expending, and utilization of the assessments shall otherwise be subject to the provisions of this article. Upon approval of any assessment authorized pursuant to this subsection, the assessment shall supersede any prior assessment being collected at the time of the referendum.
(Acts 1981, No. 81-388, p. 586, §4; Act 2014-278, §1.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 6 - Cotton and Cotton Products. › Section 2-8-194 - Application for Certification and Approval to Conduct Referendum - Action by Board on Application.

Section 2-8-194
Application for certification and approval to conduct referendum - Action by board on application.
Upon the filing with the State Board of Agriculture and Industries of an application by any commission, formed by mutual agreement of two or more nonprofit associations of cotton producers, the said board shall within 30 days thereafter meet and consider the application. If it is shown by the applicant to the satisfaction of the board that the applicant is fairly and substantially representative of the cotton producers of this state, and the board shall otherwise find and determine that such application and the program proposed therein are in conformity with the provisions and purposes of this article, then, and in such an event, the board shall certify such organization as the duly delegated and authorized commission and shall likewise certify that such commission is duly authorized to conduct among the cotton producers of this state a referendum for the purpose set forth in its application which shall be consistent with the purposes of this article. In the event there is more than one pending application at any time, the board must decide between the pending applications based on the program proposed, the number and geographical distribution of cotton producer members in the applicant commission, the size, stability, potential effectiveness and fiscal soundness of the applicant commission and any organizations with which it is affiliated, the existence and effectiveness of affiliated county organizations in the applicant commission and its affiliates, and the sentiment of cotton producers as ascertained by petitions, hearings, and otherwise as may be determined by the board. No application shall be considered if another commission holds currently valid certification.
(Acts 1981, No. 81-388, p. 586, §5.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 6 - Cotton and Cotton Products. › Section 2-8-195 - Authority of Certified Commission to Conduct Referendum on Assessment.

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.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 6 - Cotton and Cotton Products. › Section 2-8-196 - Notice of Referendum.

Section 2-8-196
Notice of referendum.
With respect to any referendum conducted under the provisions of this article, the duly certified commission shall, not less than 30 days before the date of such referendum, publicly announce the date, hours, polling places and rules for voting in the referendum, the amount and basis of the assessment proposed to be collected, the means by which such assessment shall be collected, and the general purposes to which said amount so collected shall be expended and applied. Such notice shall be published by the certified commission through the medium of an established farm publication and written notice thereof shall be given to each county agent in the area covered by the referendum.
(Acts 1981, No. 81-388, p. 586, §7.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 6 - Cotton and Cotton Products. › Section 2-8-197 - Conduct of Referendum; Payment of Expense.

Section 2-8-197
Conduct of referendum; payment of expense.
The arrangements for and the management of any referendum conducted hereunder shall be under the direction of the commission certified by the State Board of Agriculture and Industries to conduct same, and such commission shall furnish all necessary ballots and arrange for the necessary poll holders. All expense and costs necessary to conduct such a referendum shall be borne by such commission.
(Acts 1981, No. 81-388, p. 586, §8.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 6 - Cotton and Cotton Products. › Section 2-8-198 - Eligibility to Vote in Referendum; Question to Be Voted On; Votes Cast by Secret Ballot.

Section 2-8-198
Eligibility to vote in referendum; question to be voted on; votes cast by secret ballot.
Any referendum conducted hereunder may be held on a statewide basis pursuant to rules and regulations adopted by the State Board of Agriculture and Industries for the holding of such referendum. Every producer of cotton who shall be subject to any assessment levied hereunder and who produced cotton in the crop year immediately preceding the referendum shall be entitled to one 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 of ten years in an amount set forth in the call for such referendum, which amount shall not exceed the limitations prescribed by this article. Votes shall be cast by secret ballot.
(Acts 1981, No. 81-388, p. 586, §9.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 6 - Cotton and Cotton Products. › Section 2-8-199 - Approval of Assessment; Assessment Amount.

Section 2-8-199
Approval of assessment; assessment amount.
If in the referendum a majority or more of the cotton producers who are eligible to participate and who actually vote therein, shall vote in the affirmative and in favor of the levying and collection of the assessment proposed in the referendum, then the assessment shall be levied on a per bale basis and collected in the manner hereinafter provided. All cotton producers who produced cotton in the crop year immediately preceding the referendum shall be eligible to participate in the referendum. Following the referendum and within 30 days thereafter, the certified commission shall canvass, tabulate, and publicly declare and announce the results thereof. The assessment levied upon the sale of cotton shall not exceed one dollar ($1) per bale. The commission shall determine the assessment amount on an annual basis.
(Acts 1981, No. 81-388, p. 586, §10; Act 2002-152, p. 400, §1.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 6 - Cotton and Cotton Products. › Section 2-8-200 - Subsequent Referendums.

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 number of eligible cotton producers participating therein and assessments in pursuance thereof are levied for the period set forth in the call for such referendum, then the commission conducting such referendum shall have full power and authority to call and conduct during, or after, the last year of such period another referendum in which the cotton producers shall vote upon the question of whether or not such assessments shall be continued or renewed for another period of time as authorized under this article. Any subsequent referendums as authorized hereunder shall be subject to all of the requirements as an original referendum conducted under the provisions of this article.
(Acts 1981, No. 81-388, p. 586, §11.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 6 - Cotton and Cotton Products. › Section 2-8-201 - Collection of Assessment; "Ginner" Defined; Remittance of Assessments by Ginner; Inspection of Books and Records by Commissioner; Deductions for Expenses.

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 private, which gins cotton, whether for hire or for itself only.
(c) On or before the fifteenth day after the completion of its ginning season, and in no event later than January 15 of each year, every ginner shall remit all assessments collected pursuant to this article during the ginning season to the Commissioner of Agriculture and Industries. If a ginner gins any cotton after January 15 in any year, then the assessment levied hereunder on such cotton shall be remitted to the Commissioner of Agriculture and Industries not later than fifteen days after such ginning.
(d) The books and records of all such ginners of cotton subject to the collection of assessments levied hereunder shall at all times during regular business hours be open for inspection by the Commissioner of Agriculture and Industries or his duly authorized representatives or agents for the purpose of ascertaining the accuracy of amounts remitted hereunder. The Commissioner of Agriculture and Industries shall be entitled to deduct three percent of all sums remitted to the Department of Agriculture and Industries under this article to defray expenses incident to collection and administration thereof. The amount thus deducted by the commissioner for expenses incident to the administration of this article shall be paid into the State Treasury to the credit of the Agricultural Fund.
(Acts 1981, No. 81-388, p. 586, §12.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 6 - Cotton and Cotton Products. › Section 2-8-202 - Remittances to Treasurer of Commission.

Section 2-8-202
Remittances to treasurer of commission.
The Commissioner of Agriculture and Industries shall remit to the treasurer of the certified commission all moneys paid to or collected by him on a quarterly basis between the first and fifteenth of February, May, August and November of each year, less a commission of three percent of the total amount so collected which commission shall be deposited in the Agricultural Fund of the State Treasury. The amount so remitted to the treasurer of the certified commission shall be used and expended by such commission for a promotional program in the manner provided in this article and the rules and regulations of the commission.
(Acts 1981, No. 81-388, p. 586, §13.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 6 - Cotton and Cotton Products. › Section 2-8-203 - Refund of Assessment.

Section 2-8-203
Refund of assessment.
Repealed by Act 2014-278, p. 884, §2, effective August 7, 2014.
(Acts 1981, No. 81-388, p. 586, §14.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 6 - Cotton and Cotton Products. › Section 2-8-204 - Bond of Treasurer of Commission.

Section 2-8-204
Bond of treasurer of commission.
Before any money is remitted by the Commissioner of Agriculture and Industries to the treasurer of a commission as authorized under the provisions of this article, the treasurer of said commission shall furnish the commissioner a bond approved by the commissioner in the amount of not less than the estimated annual total amount of the assessments handled by such officer. The surety on said bond shall be a corporate surety company duly qualified and licensed to do business in Alabama and said bond shall be conditioned upon the faithful handling, proper accounting and properly authorized expenditure of all funds received and disbursed by the principal named in said bond.
(Acts 1981, No. 81-388, p. 586, §15.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 6 - Cotton and Cotton Products. › Section 2-8-205 - Expenditure of Assessments.

Section 2-8-205
Expenditure of assessments.
The funds derived from any assessments levied upon the ginning of cotton as authorized under this article shall be used and expended by the certified commission after such funds are remitted to it by the Commissioner of Agriculture and Industries for the purpose of promoting and stimulating by advertising and other methods the increased use and sale of cotton and cotton products. Any funds expended by the certified commission not authorized by the promotional program previously approved shall be deemed as an unauthorized and illegal expenditure of such funds. All funds approved by the certified commission for expenditure for an approved promotional program for the cotton industry, as authorized under this article, are hereby appropriated for disbursement and expenditure by said certified commission to carry out any such approved promotional program or programs; and it shall not be necessary for the Legislature to make any specific or general appropriation for such disbursements or expenditures nor shall such disbursements and expenditures be subject to the budget and allotment requirements of Title 41, Chapter 4, Article 4, and such disbursements and expenditures shall not be restricted or subject to any other requirements for any general or special appropriations.
(Acts 1981, No. 81-388, p. 586, §16.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 6 - Cotton and Cotton Products. › Section 2-8-206 - Joint Programs With Other States.

Section 2-8-206
Joint programs with other states.
Any certified commission may enter into agreements with like commissions, councils, boards or other agencies or non-profit associations of cotton growers of other states for the purpose of conducting a similar agricultural commodities promotional program jointly with such commissions, councils, boards or other agencies or non-profit associations of cotton growers in other states, and such certified commission shall be authorized to contribute a proportionate share of the cost and expense necessary for such a program.
(Acts 1981, No. 81-388, p. 586, §17.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 6 - Cotton and Cotton Products. › Section 2-8-207 - Annual Audit of Commission; Examination by Department of Examiners of Public Accounts; Publication of Statement.

Section 2-8-207
Annual audit of commission; examination by Department of Examiners of Public Accounts; publication of statement.
The approved and certified commission receiving and disbursing funds as herein authorized shall following the close of their fiscal year every two years, cause an audit of their books and accounts for the two-year period to be conducted by a certified public accountant disclosing receipts, disbursements, expenditures, and other information related thereto, and a copy thereof shall be forwarded to the State Board of Agriculture and Industries for inspection and review. The examiner of public accounts of the Department of Examiners of Public Accounts may audit, review, and otherwise investigate the receipts and disbursements of the funds in the same manner that those duties are performed for examination and audits of agencies and departments of the state. An examination or audit as herein required and submitted to the State Board of Agriculture and Industries shall be open to public inspection. Within 90 days following the close of the certified commission's fiscal year, if it has received any funds from assessments levied and collected pursuant to this article, the commission shall forward a copy of a financial statement to the state board showing the amount received and collected and the amount spent for each project and item. The statement shall be available for public inspection.
(Acts 1981, No. 81-388, p. 586, §18; Act 2010-257, p. 448, §1.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 6 - Cotton and Cotton Products. › Section 2-8-208 - Rules and Regulations.

Section 2-8-208
Rules and regulations.
The State Board of Agriculture and Industries is hereby authorized and empowered to adopt and promulgate rules and regulations to carry out the evident intent and purpose of this article which shall include the rules and regulations governing the holding of referendums as adopted by the certified commission, the collection, deposit, handling, withdrawal and disbursement of assessments collected hereunder, and such other reasonable rules and regulations as may be necessary to effectuate the evident intent and purposes of this article. The certified commission authorized to conduct a promotional program as authorized under this article shall have a right to recommend such rules and regulations to the State Board of Agriculture and Industries and upon receipt of such recommended rules and regulations said board shall meet within a period of not more than 90 days to consider their adoption. The certified commission shall be given at least ten days' notice in writing of any such meeting held for the purpose of adopting rules and regulations as authorized hereunder.
(Acts 1981, No. 81-388, p. 586, §19.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 6 - Cotton and Cotton Products. › Section 2-8-209 - Enforcement Duties of Commissioner; Revocation of Certification of Commission.

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 whether its certification should be revoked.
(Acts 1981, No. 81-388, p. 586, §20.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 6 - Cotton and Cotton Products. › Section 2-8-210 - Compliance With Article Prerequisite for Holding Ginner's Permit Under Section 2-19-61.

Section 2-8-210
Compliance with article prerequisite for holding ginner's permit under Section 2-19-61.
In addition to all other prerequisites for holding a ginner's permit issued pursuant to Section 2-19-61 the holding thereof shall also be conditioned upon compliance with the provisions of this article and rules and regulations duly adopted for carrying out the requirements of this article relative to the collection and remittance of assessments on the ginning of cotton in Alabama.
(Acts 1981, No. 81-388, p. 586, §21.)