reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 8 - Catfish Industry. › Section 2-8-286 - Expenditure of Assessments.

Section 2-8-286
Expenditure of assessments.
The funds derived from any assessments levied upon the sale of catfish feed 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 catfish and catfish 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 catfish and catfish products. The 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, may be contributed to such public or private institution or agency for such research, experimental and educational work performed pursuant to such an agreement. The certified association may also formulate and establish a plan for advertising and sales promotion and, to carry out such a promotional program, agreements may be entered into with advertising and public relations agencies or similar organizations. All funds expended under this article shall be expended for purposes consistent with and in keeping with the purpose or purposes of this article. Any funds expended by the certified association inconsistent with such purposes and provisions shall be deemed an unauthorized expenditure of such funds. Any funds approved for expenditure under this article 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. 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, and such disbursements and expenditures shall not be restricted or subject to any other requirements for general or special appropriations. The payment of salaries, purchase of equipment and payment of other expenses necessary to carry out the provisions, requirements and purposes of this article shall be deemed authorized expenditures from funds received from assessments levied under this article.
(Acts 1987, No. 87-587, p. 961, §17.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 8 - Catfish Industry. › Section 2-8-287 - Joint Programs With Other States.

Section 2-8-287
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 agricultural commodities promotional program 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 1987, No. 87-587, p. 961, §18.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 8 - Catfish Industry. › Section 2-8-288 - Annual Audit of Association; Examination by Department of Examiners of Public Accounts; Publication of Statement.

Section 2-8-288
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 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 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 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 1987, No. 87-587, p. 961, §19; Act 2010-257, p. 448, §1.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 8 - Catfish Industry. › Section 2-8-289 - Rules and Regulations.

Section 2-8-289
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 disbursements 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 meetings.
(Acts 1987, No. 87-587, p. 961, §20.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 8 - Catfish Industry. › Section 2-8-290 - Enforcement Duties of Commissioner; Revocation of Certification of Association.

Section 2-8-290
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 agricultural supplies 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 association 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 1987, No. 87-587, p. 961, §21.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 8 - Catfish Industry. › Section 2-8-291 - Penalty for Failure to Deduct and Pay Over Assessment; Inspection of Books and Records; Injunctions.

Section 2-8-291
Penalty for failure to deduct and pay over assessment; inspection of books and records; injunctions.
(a) Any dealer, handler, processor, buyers or other distributors of catfish feed who willfully fails or refuses to deduct and pay to the Commissioner of Agriculture and Industries any assessment required to be so deducted and remitted to the commissioner shall be guilty of a misdemeanor and, upon conviction thereof, in addition to other penalty provided by law, shall be fined in an amount equal to three times the amount of the assessment he failed or refused to collect and remit as required under this article. Any distributor of catfish feed 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 which disclose his distributed or manufactured tonnage of catfish feed for the purpose of ascertaining the accuracy of amounts deducted and remitted as required under this article shall also be guilty of a misdemeanor. The amount of any fine under this article 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.
(b) In addition to the above penalty, the circuit court or any judge thereof shall have jurisdiction, for cause shown, to grant a temporary restraining order or permanent injunction or both, restraining and enjoining any person from distributing and manufacturing catfish feed in Alabama in violation of the provisions of this article. Petitions for injunctive relief as authorized under this subsection shall be filed in the name of the Commissioner of Agriculture and Industries in the circuit court in the county of residence of the person who distributes or manufactures catfish feed in violation of the provisions of this article or in the county where such violation occurs. Any temporary restraining order or permanent injunction issued under this subsection shall be issued without a bond.
(Acts 1987, No. 87-587, p. 961, §22.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 9 - Sheep and Goat Industry. › Section 2-8-310 - Definitions.

Section 2-8-310
Definitions.
As used in this article, the following terms shall have the following meanings:
(1) BOARD. The State Board of Agriculture and Industries.
(2) COMMISSIONER. The Commissioner of Agriculture and Industries.
(3) SHEEP and GOAT. One of a variety of small ruminants.
(4) SHEEP OR GOAT PRODUCER. Any person residing in Alabama, any Alabama corporation, or Alabama legal business entity that owns or has a financial investment in sheep or goats located in Alabama.
(Act 2002-523, p. 1364, §1.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 9 - Sheep and Goat Industry. › Section 2-8-311 - Purpose.

Section 2-8-311
Purpose.
It is hereby declared to be in the interest of the public welfare that sheep and goat producers are encouraged to act jointly and in cooperation with sheep and goat industry-related businesses and with the commissioner and the board in promoting and stimulating through research, education, advertising, and other methods, the increased and efficient production, distribution, use, and sale of sheep or goats and their products. It is further the intent and purpose of this article to provide a method and procedure for financing a promotional program for the sheep and goat industry pursuant to powers conferred upon the Legislature by Amendment No. 715 to the Constitution of Alabama of 1901.
(Act 2002-523, p. 1364, §2.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 9 - Sheep and Goat Industry. › Section 2-8-312 - Association, Meeting, or Activity Not Illegal.

Section 2-8-312
Association, meeting, or activity not illegal.
No association, meeting, or activity undertaken pursuant to this article and intended to benefit the Alabama sheep and goat industry shall be deemed or considered illegal or in restraint of trade.
(Act 2002-523, p. 1364, §3.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 9 - Sheep and Goat Industry. › Section 2-8-313 - Assessment.

Section 2-8-313
Assessment.
It is hereby further declared to be in the public interest and highly advantageous to the economy of the state that sheep and goat producers be permitted by referendum, as provided in this article, to levy upon themselves an assessment and to provide for the collection of the assessment for the financing of a program for 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 sheep and goats and their products.
(Act 2002-523, p. 1364, §4.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 9 - Sheep and Goat Industry. › Section 2-8-314 - Nonprofit Association.

Section 2-8-314
Nonprofit association.
(a) Any Alabama nonprofit association of sheep and goat producers organized for the promotion and betterment of the sheep and goat industry may apply to the board for certification and approval for the purpose of conducting a referendum among sheep and goat producers of the state, on the question of levying an assessment and collecting, expending, and utilizing the assessment for the purpose or purposes authorized under this article and as stated in the referendum. Any nonprofit association approved or certified by the board may execute or carry out a promotional program pursuant to this article.
(b) Upon any nonprofit association of sheep and goat producers filing an application with the board, the board shall, within 30 days thereafter, meet and consider the application. If the board is satisfied that the applicant is fairly representative of the sheep and goat producers of the state, and the board finds and determines that the application is in conformity with the provisions and purposes of this article, the board shall certify the association as a duly delegated and authorized association and shall certify that the association may conduct among the sheep and goat producers of the state a referendum for the purpose set forth in its application.
(Act 2002-523, p. 1364, §5.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 9 - Sheep and Goat Industry. › Section 2-8-315 - Referendum - Generally.

Section 2-8-315
Referendum - Generally.
(a) Upon certification by the board, an association may hold and conduct on the part of the Alabama sheep and goat producers 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 the referendum.
(c) Arrangements for, and the management of, any referendum conducted shall be under the direction of the association certified by the board to conduct the referendum, and the association shall furnish all necessary ballots and arrange for the necessary poll holders. All expenses and costs necessary to conduct a referendum shall be borne by the association.
(d) Any referendum conducted shall be held on a statewide or area basis, as determined by the certified association, pursuant to rules and regulations adopted for the holding of a referendum. All sheep and goat producers in the geographic area covered by the referendum, who shall be subject to any assessments levied, shall be entitled to vote in the referendum. In the referendum, individuals eligible to participate shall vote on the question of whether there shall be levied an assessment for a period of five years in an amount set forth in the call for the referendum. The amount of the assessment levied shall be determined by the certified association.
(Act 2002-523, p. 1364, §6.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 9 - Sheep and Goat Industry. › Section 2-8-316 - Referendum - Voting.

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 passed and assessments are levied for the period set forth in the call for the referendum, the association conducting the referendum may call and conduct during or after the last year of the assessment period another referendum in which the sheep and goat producers may vote on the question of whether the assessment shall be continued or renewed for another designated period of time. Any subsequent referendum authorized in this section shall be subject to all of the requirements of an original referendum conducted under this article.
(Act 2002-523, p. 1364, §7.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 9 - Sheep and Goat Industry. › Section 2-8-317 - Referendum - Levy of Assessment.

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 ascertaining the accuracy of the amounts remitted as required by this section. The commissioner may deduct two percent of all sums remitted to him or her under this section to defray the expenses incident to collection and administration of this article. All amounts deducted by the commissioner shall be paid into the State Treasury to the credit of the Agricultural Fund.
(Act 2002-523, p. 1364, §8.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 9 - Sheep and Goat Industry. › Section 2-8-318 - Assessment Moneys Collected - Generally.

Section 2-8-318
Assessment moneys collected - Generally.
The commissioner shall remit to the treasurer of the certified association, on a quarterly basis between the first and fifteenth day of January, April, July, and October of each year, all assessment moneys collected by the commissioner, less an amount not to exceed two percent of the total amount collected, which amount shall be deposited into the Agricultural Fund of the State Treasury. The assessment moneys remitted to the treasurer of the certified association shall be used and expended by the association for a promotional program in the manner provided by this article and the rules and regulations of the association.
(Act 2002-523, p. 1364, §9.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 9 - Sheep and Goat Industry. › Section 2-8-319 - Assessment Moneys Collected - Refunds.

Section 2-8-319
Assessment moneys collected - Refunds.
Any sheep or goat producer against whom any assessment is made and collected under authority of this article, if dissatisfied with the assessment, may demand and receive from the treasurer of the certified association a refund of the amount of the assessment collected from the sheep or goat producer. A demand for refund must be made in writing within 30 days from the date on which the assessment is collected by the commissioner. The application for refunds of amounts collected shall give the name and address of the producer. Within 30 days after the first quarterly receipt of funds from the commissioner, and thereafter within 30 days after receipt of an application for a refund, the certified association shall, after the 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 the assessment, payable to the sheep or goat producer, within 30 days after receipt of the application for refund, shall constitute a compliance with this section.
(Act 2002-523, p. 1364, §10.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 9 - Sheep and Goat Industry. › Section 2-8-320 - Duty of Treasurer Before Money Remitted.

Section 2-8-320
Duty of treasurer before money remitted.
Before any money is remitted by the commissioner to the treasurer of the certified association, the treasurer 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 the treasurer. The surety on the bond shall be a corporate surety company duly qualified and licensed to do business in the state, and the 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 the bond.
(Act 2002-523, p. 1364, §11.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 9 - Sheep and Goat Industry. › Section 2-8-321 - Use of Funds.

Section 2-8-321
Use of funds.
The funds derived from any assessments levied upon the sale of sheep and goats shall be used and expended by the certified association for the purpose of promoting and stimulating advertising, education, research, production, and sales of sheep or goats and the consumption and use of sheep or goat products. Any funds expended by the certified association not authorized for a promotional program previously approved shall be deemed an unauthorized and illegal expenditure of the funds. Any funds approved for expenditure by a certified association for an approved promotional program for the sheep and goat industry are hereby appropriated for disbursement and expenditure by the certified association to carry out any approved promotional program or programs. It shall not be necessary for the Legislature to make any specific or general appropriation for any disbursements or expenditures nor shall any disbursements or expenditures be subject to the budget and allotment requirements of Article 4 of Chapter 4 of Title 41, and disbursements and expenditures may not be restricted or subject to any other requirements for general or special appropriations.
(Act 2002-523, p. 1364, §12.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 9 - Sheep and Goat Industry. › Section 2-8-322 - Certified Association - Generally.

Section 2-8-322
Certified association - Generally.
A certified association may enter into agreements with like associations, commissions, or other agencies of other states for the purpose of conducting a similar sheep or goat industry promotional program jointly with the associations, commissions, or other agencies in other states, and the certified association may contribute a proportionate share of the cost and expenses necessary for the program.
(Act 2002-523, p. 1364, §13.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 9 - Sheep and Goat Industry. › Section 2-8-323 - Certified Association - Audit.

Section 2-8-323
Certified association - Audit.
A certified association receiving and disbursing funds, following the close of its fiscal year every two years, shall cause an audit of its books and accounts for the two-year period to be conducted by a certified public accountant, disclosing receipts, disbursements, expenditures, and other related information, and a copy of the auditor's report shall be forwarded to the board for inspection and review. The Department of Examiners of Public Accounts may audit, review, and 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. Any examination or audit required by this section 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.
(Act 2002-523, p. 1364, §14; Act 2010-257, p. 448, §1.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 9 - Sheep and Goat Industry. › Section 2-8-324 - Rules and Regulations.

Section 2-8-324
Rules and regulations.
The board may adopt and promulgate rules and regulations to carry out the intent and purposes of this article, including rules and regulations governing the holding of a referendum by a certified association, the collection, deposit, handling, withdrawal, and disbursement of assessments collected, and any other reasonable rules and regulations as may be necessary to effectuate the intent and purposes of this article.
(Act 2002-523, p. 1364, §15.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 9 - Sheep and Goat Industry. › Section 2-8-325 - Enforcement and Collection of Assessments; Revocation of Certification.

Section 2-8-325
Enforcement and collection of assessments; revocation of certification.
The commissioner, through the Department of Agriculture and Industries, shall enforce and collect the assessments levied upon sellers of the sheep or goat producers and shall enforce the rules and regulations of the board. The board, at any time, may revoke or cancel the certification of an association if the association is not carrying out its promotional program in accordance with this article and the rules and regulations promulgated thereunder. Before any certification may be revoked, the certified association shall be given notice and an opportunity to be heard by the board upon the question of whether its certification should be revoked.
(Act 2002-523, p. 1364, §16.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 9 - Sheep and Goat Industry. › Section 2-8-326 - Violations.

Section 2-8-326
Violations.
Any individual, stockyard, or broker who sells sheep or goats 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, stockyard, or livestock broker 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 2002-523, p. 1364, §17.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 10 - Shrimp and Seafood. › Section 2-8-350 - Definitions.

Section 2-8-350
Definitions.
As used in this article, the following terms shall have the following meanings:
(1) BOARD. The State Board of Agriculture and Industries.
(2) COMMISSIONER. The Commissioner of Agriculture and Industries.
(3) DEPARTMENT. The Department of Agriculture and Industries.
(Act 2004-301, p. 427, §1.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 10 - Shrimp and Seafood. › Section 2-8-351 - Purpose.

Section 2-8-351
Purpose.
It is hereby declared to be in the interest of the public welfare that shrimpers and seafood fishermen are encouraged to act singularly or jointly in cooperation with shrimp and seafood related businesses and with the commissioner and the board in promoting and stimulating through research, education, advertising, and other methods, the increased and efficient production, distribution, use, and sale of shrimp and seafood and their products. It is further the intent and purpose of this article to provide a method and procedure for financing a promotional program for the shrimp and seafood industry pursuant to powers conferred upon the Legislature by Amendment ______ to the Constitution of Alabama of 1901.
(Act 2004-301, p. 427, §2.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 10 - Shrimp and Seafood. › Section 2-8-352 - Legality of Association, Meeting, or Activity Under Article.

Section 2-8-352
Legality of association, meeting, or activity under article.
No association, meeting, or activity undertaken pursuant to this article and intended to benefit the Alabama shrimp and seafood industry shall be deemed or considered illegal or in restraint of trade.
(Act 2004-301, p. 427, §3.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 10 - Shrimp and Seafood. › Section 2-8-353 - Assessment.

Section 2-8-353
Assessment.
It is further declared to be in the public interest and highly advantageous to the economy of the state that shrimpers and seafood fishermen, either singularly or jointly, be permitted by referendum, as provided in this article, to levy upon themselves an assessment and to provide for the collection of the assessment for the financing of a program for 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 shrimp and seafood.
(Act 2004-301, p. 427, §4.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 10 - Shrimp and Seafood. › Section 2-8-354 - Nonprofit Association.

Section 2-8-354
Nonprofit association.
(a) Any Alabama nonprofit association of shrimpers and seafood fishermen organized for the promotion and betterment of the shrimp and seafood industry may apply to the board for certification and approval, for the purpose of conducting a referendum among shrimpers and seafood fishermen of the state, on the question of levying an assessment and collecting, expending, and utilizing the assessment for the purpose or purposes authorized under this article and as stated in the referendum. Any nonprofit association who substantially or fairly represents shrimpers and seafood fishermen and who is approved or certified by the board may execute or carry out a promotional program pursuant to this article.
(b) Upon any nonprofit association of shrimpers and seafood fishermen filing an application with the board, the board, within 30 days thereafter, shall meet and consider the application. If the board is satisfied that the applicant is fairly representative of the shrimp and seafood fishermen of the state, and the board finds and determines that the application is in conformity with this article, the board shall certify the association as a duly delegated and authorized association and shall certify that the association may conduct among the shrimpers and seafood fishermen, either singularly or jointly, of the state a referendum for the purpose set forth in its application.
(Act 2004-301, p. 427, §5.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 10 - Shrimp and Seafood. › Section 2-8-355 - Referendum - Generally.

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 the referendum.
(c) Arrangements for, and the management of, any referendum conducted shall be under the direction of the association certified by the board to conduct the referendum, and the association shall furnish all necessary ballots and arrange for the necessary poll holders. All expenses and costs necessary to conduct a referendum shall be borne by the association.
(d) Any referendum conducted shall be held on a statewide or area basis, as determined by the certified association, pursuant to rules and regulations adopted for the holding of a referendum. All commercial shrimp boat owners and commercial seafood fishermen licensed and authorized to do business in the state in the geographic area covered by the referendum, who shall be subject to any assessments levied, shall be entitled to vote in the referendum. In the referendum, individuals eligible to participate shall vote on the question of whether there shall be levied an assessment for a period of five years in an amount set forth in the call for the referendum. The amount of the assessment levied shall be determined by the certified association.
(Act 2004-301, p. 427, §6.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 10 - Shrimp and Seafood. › Section 2-8-356 - Referendum - Voting.

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 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 passed and assessments are levied for the period set forth in the call for the referendum, the association conducting the referendum may call and conduct, during or after the last year of the assessment period, another referendum in which the commercial shrimp boat owners and seafood fishermen licensed and authorized to do business in the state, either singularly or jointly, may vote on the question of whether the assessment shall be continued or renewed for another designated period of time. Any subsequent referendum authorized in this section shall be subject to all of the requirements of an original referendum conducted under this article.
(Act 2004-301, p. 427, §7.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 10 - Shrimp and Seafood. › Section 2-8-357 - Referendum - Levy of Assessment.

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 commissioner, less two percent of the total assessment deducted, which may be retained by the commissioner to compensate him or her for the expense of collecting and remitting the assessments. The books and records 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 as required by this section. The commissioner may deduct two percent of all sums remitted to him or her under this section to defray the expenses incident to collection and administration of this article. All amounts deducted by the commissioner shall be paid into the State Treasury to the credit of the Agricultural Fund.
(Act 2004-301, p. 427, §8.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 10 - Shrimp and Seafood. › Section 2-8-358 - Assessment Moneys Collected - Generally.

Section 2-8-358
Assessment moneys collected - Generally.
The commissioner shall remit to the treasurer of the certified association, on a quarterly basis between the first and fifteenth day of January, April, July, and October of each year, all assessment moneys collected by the commissioner, less an amount not to exceed two percent of the total amount collected, which amount shall be deposited into the Agricultural Fund of the State Treasury. The assessment moneys remitted to the treasurer of the certified association shall be used and expended by the association for a promotional program in the manner provided by this article and the rules and regulations of the association.
(Act 2004-301, p. 427, §9.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 10 - Shrimp and Seafood. › Section 2-8-359 - Assessment Moneys Collected - Refunds.

Section 2-8-359
Assessment moneys collected - Refunds.
Any shrimper or seafood fisherman against whom any assessment is made and collected under authority of this article, if dissatisfied with the assessment, may demand and receive from the treasurer of the certified association a refund of the amount of the assessment collected from the shrimper or seafood fisherman. A demand for refund must be made in writing within 30 days from the date on which the assessment is collected by the commissioner. The application for refunds of amounts collected shall give the name and address of the shrimper or seafood fisherman. Within 30 days after the first quarterly receipt of funds from the commissioner, and thereafter within 30 days after receipt of an application for a refund, the certified association shall, after the 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 the assessment, payable to the shrimper or seafood fisherman, within 30 days after receipt of the application for refund, shall constitute a compliance with this section.
(Act 2004-301, p. 427, §10.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 10 - Shrimp and Seafood. › Section 2-8-360 - Duty of Treasurer Before Money Remitted.

Section 2-8-360
Duty of treasurer before money remitted.
Before any money is remitted by the commissioner to the treasurer of the certified association, the treasurer 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 the treasurer. The surety on the bond shall be a corporate surety company duly qualified and licensed to do business in the state, and the 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 the bond.
(Act 2004-301, p. 427, §11.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 10 - Shrimp and Seafood. › Section 2-8-361 - Use of Funds.

Section 2-8-361
Use of funds.
The funds derived from any assessments levied pursuant to this article shall be used and expended by the certified association for the purpose of promoting and stimulating advertising, education, research, production, and sales of shrimp and seafood and the consumption and use of shrimp and seafood products. Any funds expended by the certified association not authorized for a promotional program previously approved shall be deemed an unauthorized and illegal expenditure of the funds. Any funds approved for expenditure by a certified association for an approved promotional program for the shrimp and seafood industry are hereby appropriated for disbursement and expenditure by the certified association to carry out any approved promotional program or programs. It shall not be necessary for the Legislature to make any specific or general appropriation for any disbursements or expenditures be subject to the budget and allotment requirements of Article 4, Chapter 4, Title 41, and disbursements and expenditures may not be restricted or subject to any other requirements for general or special appropriations.
(Act 2004-301, p. 427, §12.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 10 - Shrimp and Seafood. › Section 2-8-362 - Certified Association - Generally.

Section 2-8-362
Certified association - Generally.
A certified association may enter into agreements with like associations, commissions, or other agencies of other states for the purpose of conducting a similar shrimp and seafood industry promotional program jointly with the associations, commissions, or other agencies in other states, and the certified association may contribute a proportionate share of the cost and expenses necessary for the program.
(Act 2004-301, p. 425, §13.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 10 - Shrimp and Seafood. › Section 2-8-363 - Certified Association - Audit.

Section 2-8-363
Certified association - Audit.
A certified association receiving and disbursing funds, following the close of its fiscal year every two years, shall cause an audit of its books and accounts for the two-year period to be conducted by a certified public accountant, disclosing receipts, disbursements, expenditures, and other related information, and a copy of the auditor's report shall be forwarded to the board for inspection and review. The Department of Examiners of Public Accounts may audit, review, and investigate the receipts and disbursements of the funds in the same manner that those duties are performed for the examination and audits of agencies and departments of the state. Any examination or audit required by this section shall be open to public inspection. Within 90 days following the close of a certified association 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.
(Act 2004-301, p. 427, §14; Act 2010-257, p. 448, §1.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 10 - Shrimp and Seafood. › Section 2-8-364 - Rules and Regulations.

Section 2-8-364
Rules and regulations.
The board may adopt and promulgate rules and regulations to carry out the intent and purposes of this article, including rules and regulations governing the holding of a referendum by a certified association, the collection, deposit, handling, withdrawal, and disbursement of assessments collected, and any other reasonable rules and regulations as may be necessary to effectuate the intent and purposes of this article.
(Act 2004-301, p. 427, §15.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 10 - Shrimp and Seafood. › Section 2-8-365 - Enforcement and Collection of Assessments; Revocation of Certification.

Section 2-8-365
Enforcement and collection of assessments; revocation of certification.
The commissioner, through the department, shall enforce and collect the assessment levied upon shrimpers and seafood fishermen and shall enforce the rules and regulations of the board. The board, at any time, may revoke or cancel the certification of an association if the association is not carrying out its promotional program in accordance with this article and the rules and regulations promulgated thereunder. Before any certification may be revoked, the certified association shall be given notice and an opportunity to be heard by the board upon the question of whether its certification should be revoked.
(Act 2004-301, p. 427, §16.)