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 […]
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. […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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.)
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 […]
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 […]
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 […]
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 […]
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, […]
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 […]
