Search is not available for this dataset
url
stringlengths 42
388
| state
stringclasses 51
values | path
stringlengths 83
10.4k
| title
stringlengths 34
2.24k
| content
stringlengths 0
2.39M
|
|---|---|---|---|---|
https://law.justia.com/codes/alabama/title-2/chapter-6/article-5/section-2-6-120/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 6 - Agricultural Center.›Article 5 - Garrett Coliseum Redevelopment Act.›Section 2-6-120 - Payment of Principal and Interest on Bonds; Recordkeeping. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 6 - Agricultural Center. › Article 5 - Garrett Coliseum Redevelopment Act. › Section 2-6-120 - Payment of Principal and Interest on Bonds; Recordkeeping. | Section 2-6-120
Payment of principal and interest on bonds; recordkeeping.
Out of the receipts, revenues, and income referred to in Section 2-6-118, the corporation is authorized and directed to pay the principal of and interest on the bonds as the principal and interest shall respectively mature, and is further authorized and directed to set up and maintain appropriate records.
(Act 2011-575, p. 1231, §22.) |
https://law.justia.com/codes/alabama/title-2/chapter-6/article-5/section-2-6-121/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 6 - Agricultural Center.›Article 5 - Garrett Coliseum Redevelopment Act.›Section 2-6-121 - Resolutions Authorizing Bonds. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 6 - Agricultural Center. › Article 5 - Garrett Coliseum Redevelopment Act. › Section 2-6-121 - Resolutions Authorizing Bonds. | Section 2-6-121
Resolutions authorizing bonds.
(a) Any resolution authorizing any bonds under this article shall contain a recital that they are issued pursuant to this article, which recital shall be conclusive evidence that the bonds have been duly authorized pursuant to this article, notwithstanding the provisions of any other law now in force or hereafter enacted or amended. Upon the passage of any resolution providing for the issuance of bonds under this article, the corporation, in its discretion, may cause to be published once in each of two consecutive weeks in a newspaper published and having general circulation in the City of Montgomery a notice in substantially the following form, the blanks being first properly filled in:
"Garrett Coliseum Redevelopment Corporation, a public corporation and agency of the State of Alabama, on the ___ day of _____, _____, adopted a resolution providing for the issuance of _____ dollars principal amount of bonds of the authority. Any action or proceeding questioning the validity of the resolution or the bonds or the pledge, and agreements made in the resolution for the benefit thereof, or the proceedings under which the bonds, pledge, and agreements were authorized, must be commenced within 20 days after the first publication of this notice. Garrett Coliseum Redevelopment Corporation, By _________, Its President."
(b) Any action or proceeding in any court seeking to set aside or invalidate a resolution providing for the issuance of bonds under this article or to contest the validity of any bonds, or the validity of any pledge or agreement made, must be commenced within 20 days after the first publication of the notice. After the expiration of 20 days following such first publication, no right of action founded upon questioning or challenging in any way the validity of the resolution or other proceedings, if any, or of the bonds, or of the pledge and agreements, shall be asserted. In the event of such publication the validity of such resolution, proceedings, bonds, pledge, and agreements shall not be open to question in any court upon any ground, except in an action or proceeding commenced within such period. Any such action and any action to protect or enforce any rights under this article shall be brought in the Circuit Court of Montgomery County.
(Act 2011-575, p. 1231, §23.) |
https://law.justia.com/codes/alabama/title-2/chapter-6/article-5/section-2-6-122/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 6 - Agricultural Center.›Article 5 - Garrett Coliseum Redevelopment Act.›Section 2-6-122 - Acts Authorized to Support Objectives. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 6 - Agricultural Center. › Article 5 - Garrett Coliseum Redevelopment Act. › Section 2-6-122 - Acts Authorized to Support Objectives. | Section 2-6-122
Acts authorized to support objectives.
For the purpose of attaining the objectives of this article, any county, municipality, or other political subdivision, or public corporation, agency, or instrumentality of the state, a county, or municipality, upon such terms and with or without consideration, as it may determine, may do any or all of the following:
(1) Lend or donate money to the corporation or perform services for its benefit.
(2) Donate, sell, convey, transfer, lease, or grant to the corporation, without the necessity of authorization at any election of qualified voters, any property of any kind.
(3) Pay, or provide for the payment of, the principal of and interest on any bonds of the corporation, either directly or through the provision of a guaranty or comparable credit support.
(4) Do any and all things, whether or not specifically authorized in this section, not otherwise prohibited by law, which are necessary or convenient to aid and cooperate with the corporation in attaining the objectives of this article.
(Act 2011-575, p. 1231, §24.) |
https://law.justia.com/codes/alabama/title-2/chapter-6/article-5/section-2-6-123/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 6 - Agricultural Center.›Article 5 - Garrett Coliseum Redevelopment Act.›Section 2-6-123 - Federal Income Taxation. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 6 - Agricultural Center. › Article 5 - Garrett Coliseum Redevelopment Act. › Section 2-6-123 - Federal Income Taxation. | Section 2-6-123
Federal income taxation.
The corporation shall have the power to make payments to the United States of America as the directors deem necessary to cause the interest on any bonds of the corporation to be and remain exempt from federal income taxation. The corporation shall have the power to make agreements respecting the investment of funds of the corporation necessary in order that the interest income on bonds of the corporation be and remain exempt from federal income taxation.
(Act 2011-575, p. 1231, §25.) |
https://law.justia.com/codes/alabama/title-2/chapter-6/article-5/section-2-6-124/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 6 - Agricultural Center.›Article 5 - Garrett Coliseum Redevelopment Act.›Section 2-6-124 - Investments. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 6 - Agricultural Center. › Article 5 - Garrett Coliseum Redevelopment Act. › Section 2-6-124 - Investments. | Section 2-6-124
Investments.
The state and all public officers, municipal corporations, political subdivisions and public bodies, all banks, bankers, trust companies, savings banks and institutions, building and loan associations, savings and loan associations, investment companies, and other persons carrying on a banking business, all insurance companies, insurance associations and other persons carrying on an insurance business and all executors, administrators, guardians, trustees, and other fiduciaries may legally invest any sinking funds, moneys, or other funds belonging to them or within their control in any bonds of the corporation, and the bonds shall be authorized security for all public deposits, it being the purpose of this article to authorize any persons, firms, corporations, associations, political subdivisions, bodies and officers, public or private, to use any funds owned or controlled by them, including, but not limited to, sinking, insurance, investment, retirement, compensation, pension and trust funds, and funds held on deposit, for the purchase of any such bonds, and that any such bonds shall be authorized security for all public deposits. However, nothing contained in this article with regard to legal investments shall be construed as relieving any person, firm, or corporation from any duty of exercising reasonable care in selecting securities.
(Act 2011-575, p. 1231, §26.) |
https://law.justia.com/codes/alabama/title-2/chapter-6/article-5/section-2-6-125/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 6 - Agricultural Center.›Article 5 - Garrett Coliseum Redevelopment Act.›Section 2-6-125 - Corporate Obligations. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 6 - Agricultural Center. › Article 5 - Garrett Coliseum Redevelopment Act. › Section 2-6-125 - Corporate Obligations. | Section 2-6-125
Corporate obligations.
All obligations incurred by the corporation and all bonds issued by it shall be solely and exclusively an obligation of the corporation and shall not create an obligation or debt of the State of Alabama.
(Act 2011-575, p. 1231, §27.) |
https://law.justia.com/codes/alabama/title-2/chapter-6/article-5/section-2-6-126/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 6 - Agricultural Center.›Article 5 - Garrett Coliseum Redevelopment Act.›Section 2-6-126 - Exemption From State Taxation. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 6 - Agricultural Center. › Article 5 - Garrett Coliseum Redevelopment Act. › Section 2-6-126 - Exemption From State Taxation. | Section 2-6-126
Exemption from state taxation.
The properties of the corporation and the income from those properties, all lease agreements made by the corporation, and all bonds issued by the corporation and the income from the bonds, and all lien notices filed with respect thereto shall be forever exempt from any and all taxation in the State of Alabama.
(Act 2011-575, p. 1231, §28.) |
https://law.justia.com/codes/alabama/title-2/chapter-6/article-5/section-2-6-127/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 6 - Agricultural Center.›Article 5 - Garrett Coliseum Redevelopment Act.›Section 2-6-127 - Dissolution of Corporation. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 6 - Agricultural Center. › Article 5 - Garrett Coliseum Redevelopment Act. › Section 2-6-127 - Dissolution of Corporation. | Section 2-6-127
Dissolution of corporation.
When all securities issued by the corporation and all obligations assumed by it under this article shall have been paid in full, the then president of the corporation shall execute and deliver in the name of and in behalf of the corporation an appropriate deed, or deeds, to which the seal of the corporation shall be affixed and attested by the secretary of the corporation, whereby there shall be conveyed to the state all the buildings, properties, and other assets then owned by the corporation. The then officers and directors of the corporation shall at such time file with the Secretary of State a written statement, subscribed and sworn to by each of them, reciting the payment in full of all bonds issued by the corporation and the execution and delivery of such deed or deeds to the state, which statement shall be filed by the Secretary of State and recorded with the certificate of incorporation of the corporation, whereupon the corporation shall stand dissolved.
(Act 2011-575, p. 1231, §29.) |
https://law.justia.com/codes/alabama/title-2/chapter-6a/section-2-6a-1/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 6A - Farm Crisis and Transition Program.›Section 2-6A-1 - Declaration of Policy. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 6A - Farm Crisis and Transition Program. › Section 2-6A-1 - Declaration of Policy. | Section 2-6A-1
Declaration of policy.
It is the finding of the Legislature that, despite the fact that agriculture has been and continues to be the backbone of the economy of the State of Alabama, increasing numbers of the state's farmers and agricultural businessmen are losing their livelihood due to conditions beyond their control caused by the current economic situation in agriculture and certain structural changes that are occurring in the economy of both the state and the United States. A crisis has developed in the state's agricultural sector that is not and cannot be met with existing programs and resources, with the result that more and more Alabama farmers and agricultural businessmen are being forced to leave farming or to seek supplemental employment, but without the provision of any coordinated program of assistance to help them retrain and make the adjustment to other forms of economic livelihood or to acquire the needed supplemental skills. The Legislature thus deems it in the best interest of the health and welfare of the people of the State of Alabama, and in order to avoid duplication and to increase efficiency, to provide programs under which individuals within the agricultural sector of the State of Alabama who have contributed greatly to the financial base of the state, but who are now experiencing difficulties in their farming operations due to causes beyond their control, may receive assistance from qualified professionals to provide needed career and technically oriented educational training and counseling services at reasonable cost and to provide for the delivery of those services to persons requiring such assistance during periods of adjustment, periods of transition from farming to other activities or during that period of time needed for them to acquire supplemental nonfarming skills. It is the intent of the Legislature that all agencies of state government and state educational institutions and agencies thereof at all levels cooperate with and to the extent possible coordinate with the commission and channel efforts along the lines set out herein through the commission.
(Acts 1986, No. 86-422, p. 763, §1.) |
https://law.justia.com/codes/alabama/title-2/chapter-6a/section-2-6a-2/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 6A - Farm Crisis and Transition Program.›Section 2-6A-2 - Farm Crisis and Transition Program and Commission Established; Members; Chairman; P... | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 6A - Farm Crisis and Transition Program. › Section 2-6A-2 - Farm Crisis and Transition Program and Commission Established; Members; Chairman; Powers and Duties; Use of Physical Facilities of Other Agencies; Rules and Regulations; Advisory Committee. | Section 2-6A-2
Farm Crisis and Transition Program and Commission established; members; chairman; powers and duties; use of physical facilities of other agencies; rules and regulations; advisory committee.
There is hereby established the Farm Crisis and Transition Program of the State of Alabama (herein called "the program") which shall come into existence upon April 29, 1986, and shall continue for a period ending on September 30, 1991, unless earlier terminated by action of the Legislature. The program shall be under the direction and control of the Farm Crisis and Transition Program Commission (herein called "the commission"), which shall consist of the Commissioner of Agriculture and Industries of the state, the Chairman of the Agriculture, Conservation and Forestry Committee of the Senate of Alabama, the Chairman of the Agriculture and Forestry Committee of the House of Representatives of Alabama, the Director of the Alabama Department of Economic and Community Affairs and the President of the Alabama Farm Bureau Federation, three full-time farmers, one each to be appointed by the Governor, the Speaker, and the Lieutenant Governor, all of whom shall serve ex officio and without compensation. The Commissioner of Agriculture and Industries shall be the chairman of the commission and shall be responsible for convening such meetings of the commission as shall be necessary for the commission to carry out its functions under this chapter, which shall include the power to provide policies and guidelines for use in carrying out this chapter. The commission shall have the power, acting through its chairman, to conduct such programs and activities and shall be authorized under this chapter and that are useful and desirable in providing retraining and adjustment programs for dislocated and economically distressed farmers in Alabama. The commission shall also have the power, acting through its chairman, to contract for such services and the use of such facilities as may be necessary to carry out its purposes hereunder and to function as an agency of the State of Alabama throughout the state both directly and through regional offices established as provided herein. The commission shall have the power to employ and provide for the compensation of a program coordinator and necessary staff. To the extent available, physical facilities of the Department of Agriculture and Industries and other agencies of the state shall be made available to the commission on a rent-free basis for its use in carrying out the program. The commission shall have the power to develop all necessary rules respecting eligibility for participation by farmers in the program, and such other rules and regulations as may be necessary in the circumstances. The commission shall further have the power in its discretion to appoint an advisory committee made up of such interested and informed citizens of the state as shall be chosen by the commission to advise the commission on the effectiveness of its proposed or ongoing programs.
(Acts 1986, No. 86-422, p. 763, §2.) |
https://law.justia.com/codes/alabama/title-2/chapter-6a/section-2-6a-3/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 6A - Farm Crisis and Transition Program.›Section 2-6A-3 - Duties of Program Coordinator. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 6A - Farm Crisis and Transition Program. › Section 2-6A-3 - Duties of Program Coordinator. | Section 2-6A-3
Duties of program coordinator.
The commission shall employ a program coordinator who shall be an employee of the commission but who may be on loan to the commission from any other department of the state. The program coordinator shall be appointed by and serve at the pleasure of the commission, and shall receive compensation set by the commission out of funds appropriated by the Legislature to implement the program. The program coordinator shall report to the chairman of the commission or his designee and shall coordinate the activities and provide professional assistance with respect to all of the operations of the program. The program coordinator shall be responsible to the commission for all funds provided by the Legislature and through other sources for the various services to be made available to farmers under this chapter, shall develop a system of reporting on a regular and timely basis to the commission, shall develop training courses and seminars with the guidance of the commission and issue in the name of the commission certificates of training which would qualify various professionals and other providers of services for referral by the commission or any regional offices established by the commission, and shall establish and maintain in the name of the commission liaison and assistance to all agencies of state and federal government, academic institutions and private organizations providing services similar to those provided by the commission. Upon the direction of the chairman of the commission, the program coordinator shall work in conjunction with and under the supervision of such personnel of the Department of Agriculture and Industries as the chairman shall deem appropriate and as shall be approved by the commission, which personnel may include an operational director of the program. The operational director shall be responsible for arranging for availability to the program coordinator of specialists in the fields of farm finance, law, career counseling, technical vocational training and farm extension services for use in meeting its objectives of the program.
(Acts 1986, No. 86-422, p. 763, §3.) |
https://law.justia.com/codes/alabama/title-2/chapter-6a/section-2-6a-4/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 6A - Farm Crisis and Transition Program.›Section 2-6A-4 - Regional Districts and Offices. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 6A - Farm Crisis and Transition Program. › Section 2-6A-4 - Regional Districts and Offices. | Section 2-6A-4
Regional districts and offices.
The commission shall take such steps as shall be necessary to divide the state into so many regional districts as the commission shall determine to be needed for purposes of effective and efficient application of the program. A regional office shall be established in each of the designated districts, which office shall be staffed by a regional coordinator, to be selected by the program coordinator with the approval of the commission, and such support personnel as the commission deems appropriate. Where possible, the regional office shall locate its headquarters in facilities presently being utilized by other state agencies or institutions of higher education, the governing boards of all of which are directed to cooperate with the commission in the establishment of such regional offices.
(Acts 1986, No. 86-422, p. 763, §4.) |
https://law.justia.com/codes/alabama/title-2/chapter-6a/section-2-6a-5/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 6A - Farm Crisis and Transition Program.›Section 2-6A-5 - Duties of Regional Coordinators. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 6A - Farm Crisis and Transition Program. › Section 2-6A-5 - Duties of Regional Coordinators. | Section 2-6A-5
Duties of regional coordinators.
It shall be the duty of the regional coordinator of each regional office to locate within his region qualified professionals to provide professional services to farmers participating in the program, including but not limited to professionals in the fields of agriculture, finance and accounting, law, farm planning, vocational training and social services. The regional coordinator shall certify to the commission that the professionals selected for providing services under the program had agreed or would agree with the commission to provide services to farmers participating in the program on a noncost basis or at a reduced cost from that normally prevailing. These professionals shall be compensated by the commission for their services at such levels of compensation and rates as shall be recommended by the program coordinator and approved by the commission. The regional coordinator shall make available to any farmer or farm family member seeking assistance under the program the names of qualified and certified professionals who have agreed to provide services with respect to the program in order to assist these individuals with the management of their individual financial and career situation. Where requested, the regional coordinator shall assist each individual farmer or farm family and the professionals consulted in order to provide a comprehensive review of each participant's case in an attempt to evolve a solution to each farmer's particular problems. The regional coordinator shall also maintain a publicity program in the district so that farmers and farm families needing assistance under the program will know how and where to obtain it, shall prepare referrals and the requisite reports for the commission and file all reports as required and requested by the program coordinator of the commission. In addition, the regional coordinator shall maintain liaison and contacts with all agriculture-related state and federal agencies and organizations within his district and attempt to implement coordinated assistance programs wherever possible.
(Acts 1986, No. 86-422, p. 763, § 5.) |
https://law.justia.com/codes/alabama/title-2/chapter-6a/section-2-6a-6/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 6A - Farm Crisis and Transition Program.›Section 2-6A-6 - Private Contributions. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 6A - Farm Crisis and Transition Program. › Section 2-6A-6 - Private Contributions. | Section 2-6A-6
Private contributions.
The Governor is hereby authorized to accept and receive, on behalf of the state for the account of the commission, contributions made by private corporations, individuals and other persons for the benefit of the program. Moneys so received by the Governor from such private contributions shall be earmarked for and shall be used by the commission in administering and carrying out the program.
(Acts 1986, No. 86-422, p. 763, §6.) |
https://law.justia.com/codes/alabama/title-2/chapter-6b/section-2-6b-1/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 6B - The Alabama Family Farm Preservation Act.›Section 2-6B-1 - Short Title; Legislative Intent. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 6B - The Alabama Family Farm Preservation Act. › Section 2-6B-1 - Short Title; Legislative Intent. | Section 2-6B-1
Short title; legislative intent.
(a) This chapter shall be known and may be cited as the Alabama Family Farm Preservation Act.
(b) The Legislature recognizes the importance of the family farm in Alabama. It is the intent of the Legislature to assist in the preservation of family farms in Alabama by assuring that lawfully conducted farms and farm operations will not be considered to be public or private nuisances when and so long as they are operated in conformance with generally accepted agricultural and farm management practices, as described herein. The Legislature further recognizes that family farms may incorporate to take advantage of those provisions of law not afforded to other corporations.
(Act 2010-397, p. 649, §1.) |
https://law.justia.com/codes/alabama/title-2/chapter-6b/section-2-6b-2/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 6B - The Alabama Family Farm Preservation Act.›Section 2-6B-2 - Definitions. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 6B - The Alabama Family Farm Preservation Act. › Section 2-6B-2 - Definitions. | Section 2-6B-2
Definitions.
For the purposes of this chapter, the following words and phrases shall have the following respective meanings:
(1) FARM. The land, including ponds, buildings, support facilities, machinery, equipment, tractors, implements, and other appurtenances used by the owner or operator thereof in the production of farm products, with respect to which there has been issued a farm serial number by the Farm Services Agency or which comports with the definition of a farm under 7 C.F.R. §718.2, or any subsequent regulation of similar import.
(2) FARM OPERATION. Any condition existing on a farm or activity taking place on a farm pursuant to the instigation or direction of the owner or operator of the farm including, in the latter case, the owner's lessee, agent, or independent contractor, or of a supplier of goods or services, which condition or activity occurs, exists, or is supplied on a farm in connection with the production of farm products and includes, but is not limited to: The marketing of produce at roadside stands or farm markets; the operation of machinery, tractors, implements, and irrigation pumps in the production of farm products; the generation of noise, odors, dust, and fumes in the production of farm products; the plowing of farm land and the harvesting and the planting of trees or crops; the irrigation and ground or aerial seeding and spraying of farm and silvicultural products; the disposal of manure; the application of chemical fertilizers and amendments, conditioners, insecticides, pesticides, and herbicides; and the employment and use of labor in the production of farm and silvicultural products; provided, however, that such term shall not include or cover any condition existing or activities taking place on a public road or anywhere else other than on a farm as defined herein.
(3) FARM PRODUCTS. Any plants, fish, or animals useful to, or intended to be consumed or used by, humans or other animals and plants, and includes, but is not limited to, forages and sod crops, grains and food crops, dairy products, poultry and poultry products, bees, livestock and livestock products, trees and silvicultural products, and fruits, berries, vegetables, flowers, seeds, grasses, and other similar products, as well as any product derived therefrom.
(Act 2010-397, p. 649, §2.) |
https://law.justia.com/codes/alabama/title-2/chapter-6b/section-2-6b-3/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 6B - The Alabama Family Farm Preservation Act.›Section 2-6B-3 - Nuisance Exception Requirements; Evidence of Nuisance. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 6B - The Alabama Family Farm Preservation Act. › Section 2-6B-3 - Nuisance Exception Requirements; Evidence of Nuisance. | Section 2-6B-3
Nuisance exception requirements; evidence of nuisance.
(a) A farm or farm operation shall not be deemed to be or become a public or private nuisance for purposes of Section 6-5-127, or any other law, or be deemed in violation of any municipal or county ordinance or resolution heretofore or hereafter adopted declaring any farm or farm operation a public or private nuisance other than zoning ordinances applicable thereto, if the farm or farm operation meets all of the following requirements:
(1) The owner of the land or a partner, officer, director, or other principal thereof, does not act in a careless or wrongful manner, engage in the improper operation of any farm or farm operation, or fail to act or perform a legal obligation.
(2) The owner of the land, or a partner, officer, director, or other principal thereof, resides on the farm or actively participates in the operation of the farm, or leases the farm to a person who resides on the farm or actively participates in the operation of the farm.
(3) The farm or farm operation conforms to generally accepted agricultural and farm management practices, as well as applicable agricultural health and sanitary procedures, carried out consistently and in accordance with the appropriate rules, regulations, and orders applicable thereto then in force of the Alabama Department of Agriculture and Industries, the Alabama Department of Environmental Management, the Alabama Department of Public Health, the United States Environmental Protection Agency, and the United States Department of Agriculture, including, but not limited to, the following agencies thereof: The Natural Resources Conservation Service, the Farm Service Agency, and the Animal and Plant Health Inspection Service.
(4) The farm does not comprise within its farm operations a Concentrated Animal Feeding Operation, as described in Section 2-6B-6, for feeding, farrowing, or finishing swine, or any combination thereof, which was not in existence and actively functioning as such on April 12, 2010, or any expansion of the maximum capacity of a concentrated animal feeding operation for swine which was in existence and actively functioning on April 12, 2010.
(b) The following conditions shall constitute evidence of a farm or farm operation being a nuisance:
(1) The owner of the land or a partner, officer, director, or other principal thereof, acts in a careless or wrongful manner, engages in the improper operation of any farm or farm operation, or fails to act or perform a legal obligation.
(2) The presence of untreated or improperly treated human waste, or of garbage, offal, dead animals, dangerous waste materials, or gases which are harmful to human or animal life that are not being handled or disposed of in accordance with applicable state or federal laws and regulations.
(3) The presence of improperly built or improperly maintained septic tanks, water closets, or privies.
(4) The keeping of diseased animals that are dangerous to human health, unless the animals are kept in accordance with a current state or federal disease control program.
(5) The presence of unsanitary places where animals are slaughtered, which may give rise to diseases harmful to human or animal life.
(6) The presence on the right-of-way of any public road abutting or traversing the farm of trash, abandoned or worn out equipment, vehicles, parts or implements, other than trash, or items placed there for scheduled removal or disposal.
(c) The conditions in subsection (b) shall not, however, constitute the only evidence to be considered in determining whether a farm or farm operation being conducted thereon constitutes a nuisance.
(d) No farm or farm operation shall be deemed to be or shall become a public or private nuisance solely as a result of a change in ownership of the land on which it is located, a change in the type of farm product being produced, a change in the boundaries of the farm, a change in conditions or use of property located adjacent to or in the vicinity of the land on which the farm operation is located, or a change in the farm operation brought about in order to comply with rules and regulations and orders adopted by local, state, or federal agencies.
(Act 2010-397, p. 649, §3.) |
https://law.justia.com/codes/alabama/title-2/chapter-6b/section-2-6b-4/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 6B - The Alabama Family Farm Preservation Act.›Section 2-6B-4 - Applicability of Alabama Litigation Accountability Act. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 6B - The Alabama Family Farm Preservation Act. › Section 2-6B-4 - Applicability of Alabama Litigation Accountability Act. | Section 2-6B-4
Applicability of Alabama Litigation Accountability Act.
The Alabama Litigation Accountability Act, Article 6, commencing with Section 12-19-270, of Chapter 19 of Title 12, shall apply to this chapter.
(Act 2010-397, p. 649, §4.) |
https://law.justia.com/codes/alabama/title-2/chapter-6b/section-2-6b-5/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 6B - The Alabama Family Farm Preservation Act.›Section 2-6B-5 - Effect of Nuisance Actions. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 6B - The Alabama Family Farm Preservation Act. › Section 2-6B-5 - Effect of Nuisance Actions. | Section 2-6B-5
Effect of nuisance actions.
No municipality, county, or other unit of local government in the state, whether by ordinance, resolution, or otherwise, may declare or treat any farm or farm operation that meets the requirements of Section 2-6B-3 as a public or private nuisance, and any attempt to take such an action shall have no force and effect beyond the provisions of then applicable state and federal law, rule, or regulation.
(Act 2010-397, p. 649, §5.) |
https://law.justia.com/codes/alabama/title-2/chapter-6b/section-2-6b-6/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 6B - The Alabama Family Farm Preservation Act.›Section 2-6B-6 - Availability of Certain Nonproprietary Information as to National Pollutant Dischar... | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 6B - The Alabama Family Farm Preservation Act. › Section 2-6B-6 - Availability of Certain Nonproprietary Information as to National Pollutant Discharge Elimination Systems Permits. | Section 2-6B-6
Availability of certain nonproprietary information as to National Pollutant Discharge Elimination Systems permits.
In order that the citizens of Alabama shall have the opportunity to be as fully informed as practicable respecting the establishment hereafter in this state of farm operations known as concentrated animal feeding operations, as defined in Section 502(14) of the Federal Clean Water Act, and as described in Chapter 335-6-7 of the rules promulgated by the Alabama Department of Environmental Management, the Legislature finds and declares that it is the public policy of this state that appropriate nonproprietary information respecting the pendency and issuance of national pollutant discharge elimination systems general or individual permits in respect of such farm operations be available to the citizens of Alabama, and that the Alabama Department of Environmental Management, in carrying out the public notice provisions and requirements of its Rules 335-6-6.21 and 335-6-6.23(5)(d) and (13), shall act consistently with this public policy and those rules and with all applicable federal requirements and guidelines including, by way of example and not limitation, the unified national animal feeding operation strategy released by the U.S. Department of Agriculture and the U.S. Environmental Protection Agency on March 9, 1999.
(Act 2010-397, p. 649, §6.) |
https://law.justia.com/codes/alabama/title-2/chapter-6b/section-2-6b-7/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 6B - The Alabama Family Farm Preservation Act.›Section 2-6B-7 - Construction of Chapter. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 6B - The Alabama Family Farm Preservation Act. › Section 2-6B-7 - Construction of Chapter. | Section 2-6B-7
Construction of chapter.
The provisions of this chapter are supplemental and shall not be construed to repeal any law not in direct conflict with this chapter.
(Act 2010-397, p. 649, §7.) |
https://law.justia.com/codes/alabama/title-2/chapter-7/article-1/section-2-7-1/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 7 - Fairs and Exhibits.›Article 1 - Agricultural and Industrial Exhibit Commission.›Section 2-7-1 - Commission Created; Composition; Chairman. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 7 - Fairs and Exhibits. › Article 1 - Agricultural and Industrial Exhibit Commission. › Section 2-7-1 - Commission Created; Composition; Chairman. | Section 2-7-1
Commission created; composition; chairman.
In order to promote and develop throughout the State of Alabama livestock, agriculture, poultry, the fine arts and the other activities dealt with in this article, there is hereby created the Alabama Agricultural and Industrial Exhibit Commission, hereinafter referred to as "the commission." The commission shall be composed of the Commissioner of Agriculture and Industries, the State Superintendent of Education, the President of Auburn University and the President of the University of Alabama. The Commissioner of Agriculture and Industries shall be chairman of the commission.
(Acts 1953, No. 638, p. 895, §1.) |
https://law.justia.com/codes/alabama/title-2/chapter-7/article-1/section-2-7-2/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 7 - Fairs and Exhibits.›Article 1 - Agricultural and Industrial Exhibit Commission.›Section 2-7-2 - Grants to Alabama State Fair Authority - Appropriations to Be Used for Premiums, Rew... | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 7 - Fairs and Exhibits. › Article 1 - Agricultural and Industrial Exhibit Commission. › Section 2-7-2 - Grants to Alabama State Fair Authority - Appropriations to Be Used for Premiums, Rewards, or Prizes for Exhibits. | Section 2-7-2
Grants to Alabama State Fair Authority - Appropriations to be used for premiums, rewards, or prizes for exhibits.
(a) Except as otherwise provided by law, any funds appropriated to the commission by the Legislature of the State of Alabama shall be used by the commission, through the Alabama State Fair Authority, a public corporation created under Acts 1947, No. 215, in the manner provided in this article in paying premiums, rewards, or prizes for the following:
(1) Beef cattle, dairy cattle, sheep, goats, hogs, equine or equidae, and other livestock.
(2) Agricultural shows or exhibits.
(3) Fine arts (art exhibits, including portraits, paintings, drawings, sculpture, and molding of pottery).
(4) Exhibits of an educational character portraying important phases of community life.
(5) Educational shows and exhibits for participation therein by students.
(6) Home economics, including cooking, sewing, preserving, and other activities of women.
(7) Exhibits of 4-H Clubs, Future Farmers of America, and Future Homemakers of America.
(8) Poultry shows or exhibits.
(9) Rabbit shows or exhibits.
(10) Dog shows or exhibits.
(11) Flower shows or exhibits.
The exhibits and shows referred to in subdivisions (1) to (11), inclusive, are hereinafter referred to as "the exhibits."
(b) The funds appropriated to the commission for use in a fiscal year shall be referred to in this article as the "annual appropriation." At each annual state fair, the commission, through the Alabama State Fair Authority, shall pay the premiums, awards, or prizes provided for in this section by using the annual appropriation for the fiscal year in which the fair is held and no more. Nothing contained in this section shall be construed to prohibit the Alabama State Fair Authority from spending additional money for premiums, awards, or prizes.
(Acts 1953, No. 638, p. 895, §§2, 3; Act 2004-627, p. 1421, §1.) |
https://law.justia.com/codes/alabama/title-2/chapter-7/article-1/section-2-7-3/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 7 - Fairs and Exhibits.›Article 1 - Agricultural and Industrial Exhibit Commission.›Section 2-7-3 - Grants to Alabama State Fair Authority - Plan for Distribution of Prize Money at Fai... | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 7 - Fairs and Exhibits. › Article 1 - Agricultural and Industrial Exhibit Commission. › Section 2-7-3 - Grants to Alabama State Fair Authority - Plan for Distribution of Prize Money at Fair; Premiums or Prizes in Excess of Annual Appropriation. | Section 2-7-3
Grants to Alabama State Fair Authority - Plan for distribution of prize money at fair; premiums or prizes in excess of annual appropriation.
(a) Subject to the provisions of subsection (b) of this section and prior to July 15 of every year, the Board of Directors of the Alabama State Fair Authority shall adopt and forward, by United States registered or certified mail, return receipt requested, to the chairman of the commission a plan in quintuplicate which shall contain rules and regulations governing the distribution of the premium or prize money between the different component parts of the exhibitions and governing the means and methods for making the awards or giving the prizes or premiums for the exhibits to be held that year at the annual fair conducted by said Alabama State Fair Authority. Said plan shall state the date on which the said fair shall open and close that year. The plan submitted by the Alabama State Fair Authority to the commission and approved by the commission may provide for the distribution of premiums, rewards or prizes in excess of the annual appropriation. Any premiums, rewards or prizes in excess of the annual appropriation shall not be paid for with or out of funds appropriated to the commission. The approval by the commission of a plan providing for the distribution of premiums, rewards or prizes in excess of the annual appropriation shall be in contemplation of the Alabama State Fair Authority supplying prize or premium money in excess of the annual appropriation, and any such approval shall not authorize the payment under this article of any sum for premiums, rewards or prizes in excess of the annual appropriation. Within 60 days from the date on which the chairman of the commission receives the plan, the commission shall make such changes in the plan as said commission may see fit and, by United States registered or certified mail, return receipt requested, shall return to the Alabama State Fair Authority in triplicate said plan, together with any modifications or changes made therein by the commission.
(b) In the event an appropriation to the commission is made subsequent to July 15 of any year, the board of directors of the Alabama State Fair Authority, in the manner provided in subsection (a) of this section, shall submit to the chairman of the commission the plan for that year within 30 days from the date on which the act making said appropriation is adopted. Within 30 days from the date on which the chairman of the commission receives any plan under this subsection, the commission shall make such changes in the plan as the said commission may see fit and, by United States registered or certified mail, return receipt requested, shall return to the Alabama State Fair Authority in triplicate the said plan, together with any modifications or changes made therein by the commission.
(c) During each year the funds appropriated to the commission and used under this article shall be distributed by the Alabama State Fair Authority in accordance with the plan prepared by the Alabama State Fair Authority as said plan is modified by the commission; provided, that unless the commission returns said plan with any changes therein made by it to the Alabama State Fair Authority within the time provided in subsection (b) of this section, the premium money shall be awarded in accordance with the plan theretofore adopted by the board of directors of the Alabama State Fair Authority and forwarded to the chairman of the commission.
(Acts 1953, No. 638, p. 895, §4.) |
https://law.justia.com/codes/alabama/title-2/chapter-7/article-1/section-2-7-4/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 7 - Fairs and Exhibits.›Article 1 - Agricultural and Industrial Exhibit Commission.›Section 2-7-4 - Grants to Alabama State Fair Authority - Meetings of Commission to Consider Distribu... | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 7 - Fairs and Exhibits. › Article 1 - Agricultural and Industrial Exhibit Commission. › Section 2-7-4 - Grants to Alabama State Fair Authority - Meetings of Commission to Consider Distribution Plan; Travel Allowances and per Diem. | Section 2-7-4
Grants to Alabama State Fair Authority - Meetings of commission to consider distribution plan; travel allowances and per diem.
For the purpose of considering the plan proposed by the Alabama State Fair Authority as provided in Section 2-7-3, the commission shall meet at such time or times and at such place or places in the state as may be designated by the chairman of said commission. For traveling to and from any such meeting and for attending the same, each member of the commission shall receive the same travel allowances and per diem expense allowance as are provided for by law for members of the Legislature of the State of Alabama, which said allowances shall be paid to such members by the Alabama State Fair Authority upon said members presenting to the Alabama State Fair Authority verified claims for the same.
(Acts 1953, No. 638, p. 895, §5.) |
https://law.justia.com/codes/alabama/title-2/chapter-7/article-1/section-2-7-5/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 7 - Fairs and Exhibits.›Article 1 - Agricultural and Industrial Exhibit Commission.›Section 2-7-5 - Grants to Alabama State Fair Authority - Payment of Appropriation to State Fair Auth... | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 7 - Fairs and Exhibits. › Article 1 - Agricultural and Industrial Exhibit Commission. › Section 2-7-5 - Grants to Alabama State Fair Authority - Payment of Appropriation to State Fair Authority; Expenditures Limited to Prizes, etc.; Free Space for Exhibits. | Section 2-7-5
Grants to Alabama State Fair Authority - Payment of appropriation to State Fair Authority; expenditures limited to prizes, etc.; free space for exhibits.
Each year, upon a plan for distribution of premiums or prizes having been adopted by the Alabama State Fair Authority and upon said plan having been returned to the Alabama State Fair Authority by the commission, with or without modifications thereof by the said commission, or upon the expiration of the time provided for the return of said plan by the commission to the Alabama State Fair Authority without said plan having been returned within said time, the chairman of the board of directors of the Alabama State Fair Authority shall present the State Comptroller with a requisition for a lump sum in an amount equal to the annual appropriation for that year, and the State Comptroller shall thereupon draw a warrant upon the Treasurer of the State of Alabama for that amount, and the Treasurer shall pay said warrant or cause said warrant to be paid. The Alabama State Fair Authority shall expend and disburse said funds for the purposes and only for the purposes specified in this article. All moneys appropriated to the commission shall be used exclusively for premiums, prizes or rewards for the exhibits, and no portion of said moneys shall be used or allocated for overhead or other expenses of the Alabama State Fair Authority. The Alabama State Fair Authority shall provide space for exhibits without charge to the persons participating in the exhibits.
(Acts 1953, No. 638, p. 895, §6.) |
https://law.justia.com/codes/alabama/title-2/chapter-7/article-1/section-2-7-6/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 7 - Fairs and Exhibits.›Article 1 - Agricultural and Industrial Exhibit Commission.›Section 2-7-6 - Grants to Alabama State Fair Authority - Report of Fair Authority to Commission; Ret... | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 7 - Fairs and Exhibits. › Article 1 - Agricultural and Industrial Exhibit Commission. › Section 2-7-6 - Grants to Alabama State Fair Authority - Report of Fair Authority to Commission; Return of Unexpended Funds. | Section 2-7-6
Grants to Alabama State Fair Authority - Report of fair authority to commission; return of unexpended funds.
Each year, within 30 days from the date specified for the closing of the fair as provided in Section 2-7-3, the Alabama State Fair Authority shall forward to the chairman of the commission, in quintuplicate, a report showing in detail the distribution of the prize or premium money, and within said 30 days the Alabama State Fair Authority shall return to the Treasurer of the State of Alabama any funds not expended by the Alabama State Fair Authority in accordance with the applicable plan of distribution.
(Acts 1953, No. 638, p. 895, §7.) |
https://law.justia.com/codes/alabama/title-2/chapter-7/article-1/section-2-7-7/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 7 - Fairs and Exhibits.›Article 1 - Agricultural and Industrial Exhibit Commission.›Section 2-7-7 - Annual Payment to South Alabama State Fair Association for Premiums, Awards and Priz... | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 7 - Fairs and Exhibits. › Article 1 - Agricultural and Industrial Exhibit Commission. › Section 2-7-7 - Annual Payment to South Alabama State Fair Association for Premiums, Awards and Prizes. | Section 2-7-7
Annual payment to South Alabama State Fair Association for premiums, awards and prizes.
The commission shall pay to the South Alabama State Fair Association, under the same terms and conditions as are provided in this article for the payment to the Alabama State Fair Authority, a sum annually for premiums, awards and prizes provided for in this article. The payment of this sum of money shall be limited to premiums, awards and prizes as provided in this article. Payment of any sum of money to the South Alabama State Fair Association by the commission shall contain all of the limitations and requirements provided in this article for payment to the Alabama State Fair Authority, and such payment shall be made in the manner provided for in this article for payment of prizes, premiums and awards at the annual fair held by the Alabama State Fair Authority.
(Acts 1965, 1st Ex. Sess., No. 248, p. 363; Acts 1971, No. 2058, p. 3320; Acts 1982, No. 82-563, p. 940.) |
https://law.justia.com/codes/alabama/title-2/chapter-7/article-2/section-2-7-20/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 7 - Fairs and Exhibits.›Article 2 - State Aid to Agricultural Fairs.›Section 2-7-20 - Definitions. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 7 - Fairs and Exhibits. › Article 2 - State Aid to Agricultural Fairs. › Section 2-7-20 - Definitions. | Section 2-7-20
Definitions.
For the purposes of this article, the following terms shall have the meanings ascribed to them by this section:
(1) ASSOCIATION. Any association organized to promote, sponsor and operate a county, regional or state fair.
(2) BOARD. The Agricultural Center Board of the State of Alabama.
(3) FAIR. A bona fide exhibition designed to promote education and encourage improvement in agriculture, horticulture, livestock, poultry, dairy products, apiary products, liberal arts, fine arts, home economics and 4-H Club and other youth organizational activities by offering prizes, premiums or rewards for the best exhibits thereof.
The board is authorized to adopt, by rules and regulations, different categories or types of fairs to be used in disbursing special merit awards under Section 2-7-28.
(Acts 1969, No. 1122, p. 2077, §2; Acts 1989, No. 89-423, p. 888, §1.) |
https://law.justia.com/codes/alabama/title-2/chapter-7/article-2/section-2-7-21/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 7 - Fairs and Exhibits.›Article 2 - State Aid to Agricultural Fairs.›Section 2-7-21 - Funds to Be Disbursed by Agricultural Center Board. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 7 - Fairs and Exhibits. › Article 2 - State Aid to Agricultural Fairs. › Section 2-7-21 - Funds to Be Disbursed by Agricultural Center Board. | Section 2-7-21
Funds to be disbursed by Agricultural Center Board.
Any funds which may be appropriated by the Legislature for the purposes of this article shall be disbursed by the Agricultural Center Board for payment of prizes, premiums and awards, together with other expenses incident thereto, as provided in this article.
(Acts 1969, No. 1122, p. 2077, §1.) |
https://law.justia.com/codes/alabama/title-2/chapter-7/article-2/section-2-7-22/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 7 - Fairs and Exhibits.›Article 2 - State Aid to Agricultural Fairs.›Section 2-7-22 - Qualifications for Receipt of Aid by Fairs. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 7 - Fairs and Exhibits. › Article 2 - State Aid to Agricultural Fairs. › Section 2-7-22 - Qualifications for Receipt of Aid by Fairs. | Section 2-7-22
Qualifications for receipt of aid by fairs.
Fairs which receive state aid under the provisions of this article must be members of the Association of Alabama State Fairs and shall use their profits for future fair improvements, increasing premiums lists and furthering the growth, expansion and usefulness of fairs and for community betterment and development, civic, charitable and similar uses and activities. A fair which pays monetary dividends to any person, firm or corporation shall be ineligible to receive funds under this article, as it is intended that state aid provided under this article shall be paid to nonprofit fairs only.
(Acts 1969, No. 1122, p. 2077, §3.) |
https://law.justia.com/codes/alabama/title-2/chapter-7/article-2/section-2-7-23/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 7 - Fairs and Exhibits.›Article 2 - State Aid to Agricultural Fairs.›Section 2-7-23 - Expenditures for Administrative Purposes. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 7 - Fairs and Exhibits. › Article 2 - State Aid to Agricultural Fairs. › Section 2-7-23 - Expenditures for Administrative Purposes. | Section 2-7-23
Expenditures for administrative purposes.
The board is authorized to expend such amounts from the appropriation by the Legislature as it may approve and determine to be necessary for expenses of the administration of this article, which amount shall not exceed 12 percent of the amount appropriated by the Legislature for state aid to fair associations.
(Acts 1969, No. 1122, p. 2077, §9; Acts 1976, No. 588, p. 800, §1; Acts 1989, No. 89-423, p. 888, §2.) |
https://law.justia.com/codes/alabama/title-2/chapter-7/article-2/section-2-7-24/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 7 - Fairs and Exhibits.›Article 2 - State Aid to Agricultural Fairs.›Section 2-7-24 - Types of Awards Permitted. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 7 - Fairs and Exhibits. › Article 2 - State Aid to Agricultural Fairs. › Section 2-7-24 - Types of Awards Permitted. | Section 2-7-24
Types of awards permitted.
The board shall grant state aid only on cash premiums paid on approved classes of:
(1) Beef and dairy cattle, swine, sheep, goats, equine or equidae, and other livestock, including farmwork stock, poultry, eggs, and dairy products.
(2) Field, garden, and horticulture products and apiary products and exhibits.
(3) Home economics displays, including cooking, sewing, preserving, and other activities of women.
(4) Other agricultural products.
(5) Agricultural education exhibits.
(6) Flower shows or exhibits.
(7) Fine arts (art exhibits, including portraits, paintings, drawings, sculpture, and molding of pottery).
(8) Exhibits for 4-H clubs, Future Farmers of America, and other similar youth organizations.
(9) Community exhibits.
(Acts 1969, No. 1122, p. 2077, §5; Act 2004-627, p. 1421, §1.) |
https://law.justia.com/codes/alabama/title-2/chapter-7/article-2/section-2-7-25/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 7 - Fairs and Exhibits.›Article 2 - State Aid to Agricultural Fairs.›Section 2-7-25 - Filing of Statement of Prizes to Be Awarded. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 7 - Fairs and Exhibits. › Article 2 - State Aid to Agricultural Fairs. › Section 2-7-25 - Filing of Statement of Prizes to Be Awarded. | Section 2-7-25
Filing of statement of prizes to be awarded.
On a date to be specified by the board and not less than 30 days before holding its fair, the president, secretary or other officer of any association which desires to share in state aid available for the purposes of this article shall file with or make available to the board a statement of prizes and premiums to be paid during the current fair season for entries outlined in Section 2-7-24. The statement shall show the name and address of each prize and premium winner for the prior year, along with the amount paid to each winner and the total amount paid to all winners. The association shall keep for three years checks, receipts or other evidence of payments of prizes and premiums listed for the purpose of obtaining state aid. State aid on the basis of premiums paid during the preceding season shall be allocated by the board for the current fair season. Whenever any fair did not operate during the preceding fair season, the board is authorized in that instance alone to make an allocation of state aid based upon the estimate of prizes and premiums to be paid during the current season.
(Acts 1969, No. 1122, p. 2077, §6.) |
https://law.justia.com/codes/alabama/title-2/chapter-7/article-2/section-2-7-26/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 7 - Fairs and Exhibits.›Article 2 - State Aid to Agricultural Fairs.›Section 2-7-26 - Verified Statement of Awards; Approval of Awards by Board; Payments to Fairs. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 7 - Fairs and Exhibits. › Article 2 - State Aid to Agricultural Fairs. › Section 2-7-26 - Verified Statement of Awards; Approval of Awards by Board; Payments to Fairs. | Section 2-7-26
Verified statement of awards; approval of awards by board; payments to fairs.
Within 30 days after the prizes and premiums have been paid and upon a verified statement of the association, the board shall determine from the application, reports, checks or receipts and by any investigation deemed necessary as to whether or not a fair requesting aid has been held in accordance with the provisions of this article and with the rules and regulations promulgated under this article. If, in the judgment of the board, the fair has met such requirements, said board shall present the State Comptroller with a requisition for an amount equal to the state aid authorized such fair and any special merit award, as provided in this article, that may have been earned by such fair. The State Comptroller shall thereupon draw a warrant upon the State Treasurer for payment of the amount due to be paid to such fair.
(Acts 1969, No. 1122, p. 2077, §7.) |
https://law.justia.com/codes/alabama/title-2/chapter-7/article-2/section-2-7-27/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 7 - Fairs and Exhibits.›Article 2 - State Aid to Agricultural Fairs.›Section 2-7-27 - Amount of State Aid Payable to Fairs - Generally. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 7 - Fairs and Exhibits. › Article 2 - State Aid to Agricultural Fairs. › Section 2-7-27 - Amount of State Aid Payable to Fairs - Generally. | Section 2-7-27
Amount of state aid payable to fairs - Generally.
Two thirds of the annual appropriation remaining, after the deduction of not more than 12 percent of the annual appropriation for administrative expenses, shall be paid by the board as state aid to fairs eligible to receive such aid. Allotments of state aid shall be made on the basis of the percentage of premiums paid by a fair during the preceding year pursuant to Section 2-7-29 and in accordance with rules and regulations adopted by the board.
(Acts 1969, No. 1122, p. 2077, §10; Acts 1976, No. 588, p. 800, §1.) |
https://law.justia.com/codes/alabama/title-2/chapter-7/article-2/section-2-7-28/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 7 - Fairs and Exhibits.›Article 2 - State Aid to Agricultural Fairs.›Section 2-7-28 - Amount of State Aid Payable to Fairs - Special Merit Awards. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 7 - Fairs and Exhibits. › Article 2 - State Aid to Agricultural Fairs. › Section 2-7-28 - Amount of State Aid Payable to Fairs - Special Merit Awards. | Section 2-7-28
Amount of state aid payable to fairs - Special merit awards.
(a) One third of the funds remaining after deductions for administrative expenses shall be disbursed to those fairs entitled to a special merit award as follows:
(1) The fair which in the opinion of the judges is superior to all other fairs in the same category of those categories adopted by the board shall receive the state championship award, which shall be equal to 100 percent of the state aid allotted to the fair receiving such award. It is intended that there shall be a state championship award for each category of fairs of those categories adopted by the board.
(2) Every fair in each category of fairs judged superior under criteria established by the judges shall receive a superior fair award. The fair eligible to receive the superior fair award shall receive an amount equal to 75 percent of the state aid allotted to it.
(3) Every fair in each category of fairs judged excellent under the criteria established by the judges shall receive an excellent fair award. The fair eligible to receive this award shall receive an amount equal to 50 percent of the state aid allotted to it.
(4) Every fair in each category of fairs judged standard under the criteria established by the judges shall receive a standard fair award. The fair eligible to receive this award shall receive an amount equal to 35 percent of the state aid allotted to it.
(b) No one fair shall be eligible for more than one of the four awards listed above. If the one third of the annual appropriation allocated for merit awards is inadequate to pay such awards provided for in this section, then said merit awards shall be reduced proportionately. The board is hereby authorized to reduce a merit award not to exceed 20 percent in case proper records and reports required by the board or required by the judges for issuance of awards are not promptly and accurately submitted.
(Acts 1969, No. 1122, p. 2077, §11; Acts 1971, No. 962, p. 1719, §1; Acts 1989, No. 89-423, p. 888, §3.) |
https://law.justia.com/codes/alabama/title-2/chapter-7/article-2/section-2-7-29/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 7 - Fairs and Exhibits.›Article 2 - State Aid to Agricultural Fairs.›Section 2-7-29 - Amount of State Aid Payable to Fairs - Limitations. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 7 - Fairs and Exhibits. › Article 2 - State Aid to Agricultural Fairs. › Section 2-7-29 - Amount of State Aid Payable to Fairs - Limitations. | Section 2-7-29
Amount of state aid payable to fairs - Limitations.
The amount of state aid given a fair under Section 2-7-27 shall be a percentage of the prizes or premiums paid by the fair. In no case shall a fair be paid state aid and merit awards combined exceeding the amount such fair pays in approved agricultural prizes or premiums. The total amount paid by the board in state aid and merit awards to a fair in any year shall not exceed the amount authorized herein. No allotment and payment to a fair under Sections 2-7-26 and 2-7-27 for state aid shall exceed 50 percent of the prizes and premiums paid at the fair, and no such fair shall be eligible for an allotment unless at least $500.00 is to be paid by it in prizes and premiums. No part of any allotment and payment of funds payable hereunder shall be used for maintenance, improvements or operating expenses of any fair or for any other purpose than prizes, premiums and awards.
(Acts 1969, No. 1122, p. 2077, §4; Acts 1989, No. 89-423, p. 888, §4.) |
https://law.justia.com/codes/alabama/title-2/chapter-7/article-2/section-2-7-30/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 7 - Fairs and Exhibits.›Article 2 - State Aid to Agricultural Fairs.›Section 2-7-30 - Fairs Receiving Direct Legislative Appropriations Ineligible for Aid Under Article. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 7 - Fairs and Exhibits. › Article 2 - State Aid to Agricultural Fairs. › Section 2-7-30 - Fairs Receiving Direct Legislative Appropriations Ineligible for Aid Under Article. | Section 2-7-30
Fairs receiving direct legislative appropriations ineligible for aid under article.
Any state, county, regional or community fair which shall receive any state financial aid by direct legislative appropriation for the payment of prizes and premium awards shall not be eligible to participate in any of the benefits provided under this article.
(Acts 1969, No. 1122, p. 2077, §12.) |
https://law.justia.com/codes/alabama/title-2/chapter-7/article-2/section-2-7-31/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 7 - Fairs and Exhibits.›Article 2 - State Aid to Agricultural Fairs.›Section 2-7-31 - Special Awards Committee for Fairs. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 7 - Fairs and Exhibits. › Article 2 - State Aid to Agricultural Fairs. › Section 2-7-31 - Special Awards Committee for Fairs. | Section 2-7-31
Special awards committee for fairs.
The board shall appoint a committee to consist of not more than five members and it shall be the duty of the committee to establish the standards and criteria by which the eligible fairs in the state shall be judged for the awards as provided in Section 2-7-28 and to judge such fairs to select the recipients of such awards. The committee shall be known and designated as the "Special Awards Committee for Fairs." Each member of such committee, before being eligible for appointment thereon, shall be an officer or director of a fair association which is a member of the Association of Alabama Fairs, which association shall be entitled to make recommendations to the board concerning individuals who are to be appointed as members of the committee. The members shall serve on the committee for a term of four years and until their successors are appointed by the board. Vacancies on said committee shall be filled in the same manner as the original appointments are made. The committee shall select one of its members to serve as its chairman. For attending meetings of the committee and for performing other duties of the committee, the members shall receive a per diem allowance of $25.00 per day, plus the travel and subsistence expense allowance at the rate authorized by law for official travel of state employees. Such per diem and travel allowances shall be paid from the administrative fund or account provided in Section 2-7-23 upon a verified claim presented to the board, provided such funds are available under authority of said Section 2-7-23.
(Acts 1969, No. 1122, p. 2077, §13; Acts 1971, No. 962, p. 1719, §2; Acts 1976, No. 588, p. 800, §2; Acts 1981, 1st Ex. Sess., No. 81-984, p. 166, §1; Acts 1989, No. 89-423, p. 888, §5.) |
https://law.justia.com/codes/alabama/title-2/chapter-7/article-2/section-2-7-32/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 7 - Fairs and Exhibits.›Article 2 - State Aid to Agricultural Fairs.›Section 2-7-32 - Rules and Regulations by Board. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 7 - Fairs and Exhibits. › Article 2 - State Aid to Agricultural Fairs. › Section 2-7-32 - Rules and Regulations by Board. | Section 2-7-32
Rules and regulations by board.
The board is hereby authorized to adopt and enforce rules and regulations reasonably necessary to carry out the evident intent and purpose of the provisions of this article.
(Acts 1969, No. 1122, p. 2077, §8.) |
https://law.justia.com/codes/alabama/title-2/chapter-7/article-3/section-2-7-50/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 7 - Fairs and Exhibits.›Article 3 - State Aid to Livestock Shows.›Section 2-7-50 - Declaration of Purpose. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 7 - Fairs and Exhibits. › Article 3 - State Aid to Livestock Shows. › Section 2-7-50 - Declaration of Purpose. | Section 2-7-50
Declaration of purpose.
A legitimate and properly organized agricultural fair is an important educational aid in encouraging agriculture, fostering the development of livestock and promoting interest in community, club and school work. The offering of prizes, premiums and awards for exhibits and demonstrations stimulates competition in these pursuits and serves as an incentive to a greater participation in these activities. Therefore, in order to better promote the development of agriculture in Alabama, it is deemed necessary to provide state aid for livestock shows.
(Acts 1951, No. 746, p. 1295, §1.) |
https://law.justia.com/codes/alabama/title-2/chapter-7/article-3/section-2-7-51/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 7 - Fairs and Exhibits.›Article 3 - State Aid to Livestock Shows.›Section 2-7-51 - Expenditures for Prizes and Premiums Authorized. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 7 - Fairs and Exhibits. › Article 3 - State Aid to Livestock Shows. › Section 2-7-51 - Expenditures for Prizes and Premiums Authorized. | Section 2-7-51
Expenditures for prizes and premiums authorized.
The Commissioner of Agriculture and Industries, with the approval of the State Board of Agriculture and Industries, is hereby authorized to expend up to but not more than such amount as may be appropriated in the general appropriations bill for the purpose of awarding prizes and premiums at livestock shows. Such awards shall be made for exhibits and demonstrations at bona fide, nonprofit livestock shows which are sponsored by the state Department of Agriculture and Industries. The amounts to be expended under this section shall be applied for, expended and disbursed as provided in this article.
(Acts 1951, No. 746, p. 1295, §2.) |
https://law.justia.com/codes/alabama/title-2/chapter-7/article-3/section-2-7-52/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 7 - Fairs and Exhibits.›Article 3 - State Aid to Livestock Shows.›Section 2-7-52 - Shows Eligible for Allotments; Limitations on Allotments. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 7 - Fairs and Exhibits. › Article 3 - State Aid to Livestock Shows. › Section 2-7-52 - Shows Eligible for Allotments; Limitations on Allotments. | Section 2-7-52
Shows eligible for allotments; limitations on allotments.
Allotments of state aid under this article may be made for awarding of prizes for livestock shows; provided, that such awards shall be made only for the purpose of awarding prizes and premiums at shows sponsored by the state Department of Agriculture and Industries, and then only to match an equal amount provided for that purpose by subscription of private persons, firms or corporations. Allotments of state aid under this section shall not be made to any livestock show or other similar organization if such organization is organized for pecuniary profit of any individual, firm or corporation or if such organization pays monetary dividends to any individual, firm or corporation.
(Acts 1951, No. 746, p. 1295, §3; Acts 1953, No. 667, p. 924.) |
https://law.justia.com/codes/alabama/title-2/chapter-7/article-3/section-2-7-53/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 7 - Fairs and Exhibits.›Article 3 - State Aid to Livestock Shows.›Section 2-7-53 - Statement to Be Filed by Organization Desiring Allotment; Time of Payment; Amount. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 7 - Fairs and Exhibits. › Article 3 - State Aid to Livestock Shows. › Section 2-7-53 - Statement to Be Filed by Organization Desiring Allotment; Time of Payment; Amount. | Section 2-7-53
Statement to be filed by organization desiring allotment; time of payment; amount.
Any livestock exhibit group desiring to obtain an allotment under this article shall, not less than 30 days before holding its livestock show, file with the Commissioner of Agriculture and Industries a statement of its premium list for that year with a detailed explanation of the exhibits and demonstrations for which prizes, premiums and awards are to be paid. The amounts allotted shall be paid by the Commissioner of Agriculture and Industries within 30 days after the prizes, premiums and awards have been actually paid upon a verified statement of same. The amount to be allotted to livestock shows shall be left to the discretion of the Commissioner of Agriculture and Industries, subject to the approval of the Board of Agriculture and Industries.
(Acts 1951, No. 746, p. 1295, §4.) |
https://law.justia.com/codes/alabama/title-2/chapter-8/article-1/section-2-8-1/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 8 - Promotion of Agricultural Industries and Products.›Article 1 - Cattle Industry.›Section 2-8-1 - Legislative Purpose and Intent. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 1 - Cattle Industry. › Section 2-8-1 - Legislative Purpose and Intent. | Section 2-8-1
Legislative purpose and intent.
It is hereby declared to be in the interest of the public welfare that owners of cattle shall be authorized and encouraged to act jointly and in cooperation with handlers, dealers and purchasers of cattle and 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 cattle and beef 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 cattle industry and the financing thereof pursuant to powers conferred upon the Legislature by Amendment 201 to the Alabama Constitution of 1901.
(Acts 1961, Ex. Sess., No. 280, p. 2320, §1.) |
https://law.justia.com/codes/alabama/title-2/chapter-8/article-1/section-2-8-2/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 8 - Promotion of Agricultural Industries and Products.›Article 1 - Cattle Industry.›Section 2-8-2 - Authorized Activities Not Illegal or in Restraint of Trade. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 1 - Cattle Industry. › Section 2-8-2 - Authorized Activities Not Illegal or in Restraint of Trade. | Section 2-8-2
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 cattle industry shall be deemed or considered illegal or in restraint of trade.
(Acts 1961, Ex. Sess., No. 280, p. 2320, §2.) |
https://law.justia.com/codes/alabama/title-2/chapter-8/article-1/section-2-8-3/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 8 - Promotion of Agricultural Industries and Products.›Article 1 - Cattle Industry.›Section 2-8-3 - Referendum and Assessments Declared to Be in Public Interest. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 1 - Cattle Industry. › Section 2-8-3 - Referendum and Assessments Declared to Be in Public Interest. | Section 2-8-3
Referendum and assessments declared to be in public interest.
It is hereby further declared to be in the public interest and highly advantageous to the economy of the state that cattle owners be permitted by referendum as provided in this article 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 cattle and beef products.
(Acts 1961, Ex. Sess., No. 280, p. 2320, §3.) |
https://law.justia.com/codes/alabama/title-2/chapter-8/article-1/section-2-8-4/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 8 - Promotion of Agricultural Industries and Products.›Article 1 - Cattle Industry.›Section 2-8-4 - Application of Cattle Owners' Association for Certification and Approval to Conduct... | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 1 - Cattle Industry. › Section 2-8-4 - Application of Cattle Owners' Association for Certification and Approval to Conduct Referendum - Generally. | Section 2-8-4
Application of cattle owners' association for certification and approval to conduct referendum - Generally.
Any nonprofit association of cattle owners organized for the promotion and betterment of the cattle industry may make application to the State Board of Agriculture and Industries for certification and approval for the purpose of conducting a referendum among cattle owners of the state, upon the question of levying an assessment and collecting, expending and utilizing same for the purpose or purposes authorized under this article and as stated in such referendum. Any nonprofit association approved or certified under this article as an approved or certified association 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.
(Acts 1961, Ex. Sess., No. 280, p. 2320, §4.) |
https://law.justia.com/codes/alabama/title-2/chapter-8/article-1/section-2-8-5/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 8 - Promotion of Agricultural Industries and Products.›Article 1 - Cattle Industry.›Section 2-8-5 - Application of Cattle Owners' Association for Certification and Approval to Conduct... | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 1 - Cattle Industry. › Section 2-8-5 - Application of Cattle Owners' Association for Certification and Approval to Conduct Referendum - Action by Board on Application. | Section 2-8-5
Application of cattle owners' association 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 nonprofit association of cattle owners as provided in Section 2-8-4, 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 representative of the cattle owners of this state and the board shall otherwise find and determine that such application is in conformity with the provisions and purposes of this article, the board shall certify such association as the duly delegated and authorized group or organization and shall likewise certify that such organization is duly authorized to conduct among the cattle owners of this state a referendum for the purpose set forth in its application which shall be consistent with the purposes of this article.
(Acts 1961, Ex. Sess., No. 280, p. 2320, §5.) |
https://law.justia.com/codes/alabama/title-2/chapter-8/article-1/section-2-8-6/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 8 - Promotion of Agricultural Industries and Products.›Article 1 - Cattle Industry.›Section 2-8-6 - Authority of Certified Association to Conduct Referendum on Assessment. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 1 - Cattle Industry. › Section 2-8-6 - Authority of Certified Association to Conduct Referendum on Assessment. | Section 2-8-6
Authority of certified association to conduct referendum on assessment.
Upon being certified by the State Board of Agriculture and Industries as provided in Section 2-8-5, such association shall thereupon be fully authorized and empowered to hold and conduct on the part of the Alabama cattle owners 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 may be conducted either on a statewide or area basis as may be determined by the certified association.
(Acts 1961, Ex. Sess., No. 280, p. 2320, §6.) |
https://law.justia.com/codes/alabama/title-2/chapter-8/article-1/section-2-8-7/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 8 - Promotion of Agricultural Industries and Products.›Article 1 - Cattle Industry.›Section 2-8-7 - Notice of Referendum. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 1 - Cattle Industry. › Section 2-8-7 - Notice of Referendum. | Section 2-8-7
Notice of referendum.
When a referendum has been authorized as provided in Section 2-8-6, the certified association shall, not less than 30 days before the date for such referendum, publicly announce the date, hours, polling places and rules for voting in the referendum, the area covered by 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 for which said amount so collected shall be expended and applied. Such notice shall be published by the certified association through the medium of its trade publication, and written notice thereof shall be given to each county agent in the area covered by the referendum.
(Acts 1961, Ex. Sess., No. 280, p. 2320, §7.) |
https://law.justia.com/codes/alabama/title-2/chapter-8/article-1/section-2-8-8/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 8 - Promotion of Agricultural Industries and Products.›Article 1 - Cattle Industry.›Section 2-8-8 - Conduct of Referendum; Payment of Expense. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 1 - Cattle Industry. › Section 2-8-8 - Conduct of Referendum; Payment of Expense. | Section 2-8-8
Conduct of referendum; payment of expense.
The arrangements for and the management of any referendum conducted under the provisions of this article shall be under the direction of the association certified by the State Board of Agriculture and Industries to conduct the same, and such association 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 association.
(Acts 1961, Ex. Sess., No. 280, p. 2320, §8.) |
https://law.justia.com/codes/alabama/title-2/chapter-8/article-1/section-2-8-9/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 8 - Promotion of Agricultural Industries and Products.›Article 1 - Cattle Industry.›Section 2-8-9 - Eligibility to Vote in Referendum; Question to Be Voted On. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 1 - Cattle Industry. › Section 2-8-9 - Eligibility to Vote in Referendum; Question to Be Voted On. | Section 2-8-9
Eligibility to vote in referendum; question to be voted on.
Any referendum conducted under the provisions of this article may be held on an area or statewide basis as may be determined by the certified association pursuant to rules and regulations adopted for the holding of such referendum. All owners of cattle in the area covered by the referendum who shall be subject to any assessments levied under the provisions of 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 of five years in an amount set forth in the call for such referendum, which amount shall not exceed the limitations prescribed by this article.
(Acts 1961, Ex. Sess., No. 280, p. 2320, §8; Acts 1981, No. 81-211, p. 265, §1.) |
https://law.justia.com/codes/alabama/title-2/chapter-8/article-1/section-2-8-10/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 8 - Promotion of Agricultural Industries and Products.›Article 1 - Cattle Industry.›Section 2-8-10 - Majority Vote Required for Approval of Assessment; Canvass of Referendum Results. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 1 - Cattle Industry. › Section 2-8-10 - Majority Vote Required for Approval of Assessment; Canvass of Referendum Results. | Section 2-8-10
Majority vote required for approval of assessment; canvass of referendum results.
If in any referendum held under the provisions of this article a majority of the cattle owners of 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. Following the referendum and within 10 days thereafter, the certified association shall canvass, tabulate and publicly declare and announce the results thereof.
(Acts 1961, Ex. Sess., No. 280, p. 2320, §10; Acts 1984, 2nd Ex. Sess., No. 85-51, p. 74.) |
https://law.justia.com/codes/alabama/title-2/chapter-8/article-1/section-2-8-11/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 8 - Promotion of Agricultural Industries and Products.›Article 1 - Cattle Industry.›Section 2-8-11 - Subsequent Referendums. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 1 - Cattle Industry. › Section 2-8-11 - Subsequent Referendums. | Section 2-8-11
Subsequent referendums.
In the event any referendum conducted as provided in this article shall fail to receive the required number of affirmative votes from cattle owners eligible for participation and voting therein, then the certified association conducting the said 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; provided, that no such referendum shall be held within a period of 12 months from the date on which the last referendum was held. In the event such referendum is carried or favored by the required number of eligible cattle owners participating therein and assessments in pursuance thereof are levied for the period set forth in the call for such referendum, then the association 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 cattle owners 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 authorized in this section shall be subject to all of the requirements of an original referendum conducted under the provisions of this article.
(Acts 1961, Ex. Sess., No. 280, p. 2320, §11.) |
https://law.justia.com/codes/alabama/title-2/chapter-8/article-1/section-2-8-12/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 8 - Promotion of Agricultural Industries and Products.›Article 1 - Cattle Industry.›Section 2-8-12 - Collection of Assessments; Deductions for Expenses. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 1 - Cattle Industry. › Section 2-8-12 - Collection of Assessments; Deductions for Expenses. | Section 2-8-12
Collection of assessments; deductions for expenses.
In the event the required number of cattle owners approve, by a referendum as provided in this article, the levying of an assessment upon the sale of cattle for a promotional program, the Commissioner of Agriculture and Industries shall, within 30 days, notify in writing every person licensed to operate a livestock market under authority of Sections 2-15-60 through 2-15-71, as well as every person who operates a meat packing or slaughter establishment which buys cattle or calves directly from the producer, that on or after the date designated in such notice, which shall be not 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 shall be deducted by all such sales markets or purchasers of cattle and calves or by their agents or representatives from the purchase price paid to the seller of such cattle and calves, where such cattle and calves are produced in the area covered by the referendum. On or before the tenth day of each calendar month, all assessments so deducted shall be remitted to the Commissioner of Agriculture and Industries, less three percent thereof, which may be retained to compensate the stockyard operator, meat packer or other such establishment for the expense of collecting and remitting such assessment. The books and records of all such purchasers of cattle 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 the amounts remitted as required by this section. The Commissioner of Agriculture and Industries shall be entitled to deduct three percent of all sums remitted to him under this section to defray the expense incident to collection and administration of this article. All amounts so deducted by the commissioner shall be paid into the State Treasury to the credit of the Agricultural Fund; provided, that in the event the collection of such assessments is conducted through the shipping point inspection division of the Department of Agriculture and Industries, the amount so deducted by the commissioner for cost of collection and administration shall be paid into the Shipping Point Inspection Fund of the State Treasury.
(Acts 1961, Ex. Sess., No. 280, p. 2320, §12.) |
https://law.justia.com/codes/alabama/title-2/chapter-8/article-1/section-2-8-13/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 8 - Promotion of Agricultural Industries and Products.›Article 1 - Cattle Industry.›Section 2-8-13 - Remittances to Treasurer of Association. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 1 - Cattle Industry. › Section 2-8-13 - Remittances to Treasurer of Association. | Section 2-8-13
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 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 in 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 and the rules and regulations of the association.
(Acts 1961, Ex. Sess., No. 280, p. 2320, §13.) |
https://law.justia.com/codes/alabama/title-2/chapter-8/article-1/section-2-8-15/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 8 - Promotion of Agricultural Industries and Products.›Article 1 - Cattle Industry.›Section 2-8-15 - Refund of Assessment to Cattle Owner. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 1 - Cattle Industry. › Section 2-8-15 - Refund of Assessment to Cattle Owner. | Section 2-8-15
Refund of assessment to cattle owner.
Any owner of cattle 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 cattle owner, 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 cattle sold by such cattle owner. Applications for refunds of amounts deducted from the sale price of any cattle sold must give the name and address of the sale market or purchaser who bought the cattle, date of purchase, invoice number, if any, and the number of head purchased from him for which the assessment was deducted. Within 30 days after the first quarterly receipt of funds from the Commissioner of Agriculture and Industries, and thereafter within 30 days after 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 seller, within 30 days after receipt of the application for refund, shall constitute a compliance with this section.
(Acts 1961, Ex. Sess., No. 280, p. 2320, §15.) |
https://law.justia.com/codes/alabama/title-2/chapter-8/article-1/section-2-8-16/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 8 - Promotion of Agricultural Industries and Products.›Article 1 - Cattle Industry.›Section 2-8-16 - Bond of Treasurer of Association. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 1 - Cattle Industry. › Section 2-8-16 - Bond of Treasurer of Association. | Section 2-8-16
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 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 1961, Ex. Sess., No. 280, p. 2320, §16.) |
https://law.justia.com/codes/alabama/title-2/chapter-8/article-1/section-2-8-17/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 8 - Promotion of Agricultural Industries and Products.›Article 1 - Cattle Industry.›Section 2-8-17 - Expenditure of Assessments. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 1 - Cattle Industry. › Section 2-8-17 - Expenditure of Assessments. | Section 2-8-17
Expenditure of assessments.
The funds derived from any assessments levied upon the sale of cattle 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 cattle and beef products. Any funds expended by the certified association not authorized by a promotional program previously approved shall be deemed an unauthorized and illegal expenditure of such funds. All funds approved for expenditure by any certified association for an approved promotional program for the cattle industry 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 and 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 any general or special appropriations.
(Acts 1961, Ex. Sess., No. 280, p. 2320, §17.) |
https://law.justia.com/codes/alabama/title-2/chapter-8/article-1/section-2-8-18/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 8 - Promotion of Agricultural Industries and Products.›Article 1 - Cattle Industry.›Section 2-8-18 - Joint Programs With Other States. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 1 - Cattle Industry. › Section 2-8-18 - Joint Programs With Other States. | Section 2-8-18
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 1961, Ex. Sess., No. 280, p. 2320, §18.) |
https://law.justia.com/codes/alabama/title-2/chapter-8/article-1/section-2-8-19/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 8 - Promotion of Agricultural Industries and Products.›Article 1 - Cattle Industry.›Section 2-8-19 - Annual Audit of Association; Examination by Department of Examiners of Public Accou... | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 1 - Cattle Industry. › Section 2-8-19 - Annual Audit of Association; Examination by Department of Examiners of Public Accounts; Publication of Statement. | Section 2-8-19
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 1961, Ex. Sess., No. 280, p. 2320, §19; Act 2010-257, p. 448, §1.) |
https://law.justia.com/codes/alabama/title-2/chapter-8/article-1/section-2-8-20/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 8 - Promotion of Agricultural Industries and Products.›Article 1 - Cattle Industry.›Section 2-8-20 - Rules and Regulations. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 1 - Cattle Industry. › Section 2-8-20 - Rules and Regulations. | Section 2-8-20
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.
(Acts 1961, Ex. Sess., No. 280, p. 2320, §20.) |
https://law.justia.com/codes/alabama/title-2/chapter-8/article-1/section-2-8-21/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 8 - Promotion of Agricultural Industries and Products.›Article 1 - Cattle Industry.›Section 2-8-21 - Enforcement Duties of Commissioner; Revocation of Certification of Association. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 1 - Cattle Industry. › Section 2-8-21 - Enforcement Duties of Commissioner; Revocation of Certification of Association. | Section 2-8-21
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 commodities 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 1961, Ex. Sess., No. 280, p. 2320, §21.) |
https://law.justia.com/codes/alabama/title-2/chapter-8/article-1/section-2-8-22/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 8 - Promotion of Agricultural Industries and Products.›Article 1 - Cattle Industry.›Section 2-8-22 - Penalty for Failure to Deduct and Pay Over Assessment. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 1 - Cattle Industry. › Section 2-8-22 - Penalty for Failure to Deduct and Pay Over Assessment. | Section 2-8-22
Penalty for failure to deduct and pay over assessment.
Any dealer, handler, processor, sales market or other purchaser of cattle 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, 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. 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.
(Acts 1961, Ex. Sess., No. 280, p. 2320, §22.) |
https://law.justia.com/codes/alabama/title-2/chapter-8/article-2/section-2-8-40/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 8 - Promotion of Agricultural Industries and Products.›Article 2 - Swine Industry.›Section 2-8-40 - Legislative Purpose and Intent. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 2 - Swine Industry. › Section 2-8-40 - Legislative Purpose and Intent. | Section 2-8-40
Legislative purpose and intent.
It is hereby declared to be in the interest of the public welfare that producers of swine shall be authorized and encouraged to act jointly and in cooperation with handlers, dealers and purchasers of swine and 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 swine and swine 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 swine industry and the financing thereof pursuant to powers conferred upon the Legislature by Amendment 327 to the Alabama Constitution of 1901.
(Acts 1973, No. 463, p. 653, §1.) |
https://law.justia.com/codes/alabama/title-2/chapter-8/article-2/section-2-8-41/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 8 - Promotion of Agricultural Industries and Products.›Article 2 - Swine Industry.›Section 2-8-41 - Authorized Activities Not Illegal or in Restraint of Trade. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 2 - Swine Industry. › Section 2-8-41 - Authorized Activities Not Illegal or in Restraint of Trade. | Section 2-8-41
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 swine industry shall be deemed or considered illegal or in restraint of trade.
(Acts 1973, No. 463, p. 653, §2.) |
https://law.justia.com/codes/alabama/title-2/chapter-8/article-2/section-2-8-42/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 8 - Promotion of Agricultural Industries and Products.›Article 2 - Swine Industry.›Section 2-8-42 - Referendum and Assessments Declared to Be in Public Interest. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 2 - Swine Industry. › Section 2-8-42 - Referendum and Assessments Declared to Be in Public Interest. | Section 2-8-42
Referendum and assessments declared to be in public interest.
It is hereby further declared to be in the public interest and highly advantageous to the economy of the state that swine producers be permitted by referendum as provided in this article 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 swine and swine products.
(Acts 1973, No. 463, p. 653, §3.) |
https://law.justia.com/codes/alabama/title-2/chapter-8/article-2/section-2-8-43/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 8 - Promotion of Agricultural Industries and Products.›Article 2 - Swine Industry.›Section 2-8-43 - Application of Swine Producers' Association for Certification and Approval to Condu... | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 2 - Swine Industry. › Section 2-8-43 - Application of Swine Producers' Association for Certification and Approval to Conduct Referendum - Generally. | Section 2-8-43
Application of swine producers' association for certification and approval to conduct referendum - Generally.
Any nonprofit association of swine producers organized for the promotion and betterment of the swine industry may make application to the State Board of Agriculture and Industries for certification and approval for the purpose of conducting a referendum among swine producers of the state, upon the question of levying an assessment and collecting, expending and utilizing the same for the purpose or purposes authorized under this article and as stated in such referendum. Any nonprofit association approved or certified under this article as an approved or certified association 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.
(Acts 1973, No. 463, p. 653, §4.) |
https://law.justia.com/codes/alabama/title-2/chapter-8/article-2/section-2-8-44/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 8 - Promotion of Agricultural Industries and Products.›Article 2 - Swine Industry.›Section 2-8-44 - Application of Swine Producers' Association for Certification and Approval to Condu... | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 2 - Swine Industry. › Section 2-8-44 - Application of Swine Producers' Association for Certification and Approval to Conduct Referendum - Action by Board on Application. | Section 2-8-44
Application of swine producers' association 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 nonprofit association of swine producers as provided in Section 2-8-43, 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 swine producers of this state, and the board shall otherwise find and determine that such application is in conformity with the provisions and purposes of this article, the board shall certify such association as the duly delegated and authorized group or organization and shall likewise certify that such association is duly authorized to conduct among the swine 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 geographic distribution of swine producer members in the applicant organization, the size, stability, potential effectiveness and fiscal soundness of the applicant organization and any organizations with which it is affiliated, the existence and effectiveness of affiliated county organizations in the applicant organization and its affiliates and the sentiment of swine producers as ascertained by petitions, hearings and otherwise as may be determined by the board. No application shall be considered if an association holds currently valid certification.
(Acts 1973, No. 463, p. 653, §5.) |
https://law.justia.com/codes/alabama/title-2/chapter-8/article-2/section-2-8-45/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 8 - Promotion of Agricultural Industries and Products.›Article 2 - Swine Industry.›Section 2-8-45 - Authority of Certified Association to Conduct Referendum on Assessment. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 2 - Swine Industry. › Section 2-8-45 - Authority of Certified Association to Conduct Referendum on Assessment. | Section 2-8-45
Authority of certified association to conduct referendum on assessment.
Upon being certified by the State Board of Agriculture and Industries as provided in Section 2-8-44, such association shall thereupon be fully authorized and empowered to hold and conduct on the part of the Alabama swine 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 1973, No. 463, p. 653, §6.) |
https://law.justia.com/codes/alabama/title-2/chapter-8/article-2/section-2-8-46/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 8 - Promotion of Agricultural Industries and Products.›Article 2 - Swine Industry.›Section 2-8-46 - Notice of Referendum. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 2 - Swine Industry. › Section 2-8-46 - Notice of Referendum. | Section 2-8-46
Notice of referendum.
When a referendum has been authorized as provided in Section 2-8-45, the certified association shall, not less than 30 days before the date for 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 for which said amount so collected shall be expended and applied. Such notice shall be published by the certified association through the medium of an established farm publication, and written notice thereof shall be given to each county extension chairman in the area covered by the referendum.
(Acts 1973, No. 463, p. 653, §7.) |
https://law.justia.com/codes/alabama/title-2/chapter-8/article-2/section-2-8-47/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 8 - Promotion of Agricultural Industries and Products.›Article 2 - Swine Industry.›Section 2-8-47 - Conduct of Referendum; Payment of Expense. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 2 - Swine Industry. › Section 2-8-47 - Conduct of Referendum; Payment of Expense. | Section 2-8-47
Conduct of referendum; payment of expense.
Arrangements for and the management of any referendum conducted under the provisions of this article shall be under the direction of the association certified by the State Board of Agriculture and Industries to conduct the same, and such association 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 association.
(Acts 1973, No. 463, p. 653, §8.) |
https://law.justia.com/codes/alabama/title-2/chapter-8/article-2/section-2-8-48/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 8 - Promotion of Agricultural Industries and Products.›Article 2 - Swine Industry.›Section 2-8-48 - Eligibility to Vote in Referendum; Question to Be Voted On. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 2 - Swine Industry. › Section 2-8-48 - Eligibility to Vote in Referendum; Question to Be Voted On. | Section 2-8-48
Eligibility to vote in referendum; question to be voted on.
Any referendum conducted under the provisions of this article may be held on a statewide basis pursuant to rules and regulations adopted for the holding of such referendum. All producers of swine who shall be subject to any assessments levied under the provisions of this article shall be entitled to vote in the referendum; provided, that only swine producers who sold swine in the year immediately preceding and not less than 30 days prior to this referendum shall be eligible to participate in this 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 five years in an amount set forth in the call for such referendum, which amount shall not exceed the limitations prescribed by this article.
(Acts 1973, No. 463, p. 653, §9.) |
https://law.justia.com/codes/alabama/title-2/chapter-8/article-2/section-2-8-49/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 8 - Promotion of Agricultural Industries and Products.›Article 2 - Swine Industry.›Section 2-8-49 - Majority Vote Required for Approval of Assessment; Canvass of Results; Limitations... | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 2 - Swine Industry. › Section 2-8-49 - Majority Vote Required for Approval of Assessment; Canvass of Results; Limitations on Assessments. | Section 2-8-49
Majority vote required for approval of assessment; canvass of results; limitations on assessments.
If in any referendum held under the provisions of this article a majority or more of the swine producers 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. 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 upon the sale of swine shall not exceed $.10 on market hogs and $.05 on feeder pigs.
(Acts 1973, No. 463, p. 653, §10; Acts 1983, 2nd Ex. Sess., No. 83-151, p. 159, §1.) |
https://law.justia.com/codes/alabama/title-2/chapter-8/article-2/section-2-8-50/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 8 - Promotion of Agricultural Industries and Products.›Article 2 - Swine Industry.›Section 2-8-50 - Subsequent Referendums. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 2 - Swine Industry. › Section 2-8-50 - Subsequent Referendums. | Section 2-8-50
Subsequent referendums.
In the event any referendum conducted as provided in this article shall fail to receive the required number of affirmative votes from swine producers eligible for participation and voting therein, then the certified association conducting the said referendum shall be authorized to call another referendum for the purposes set forth in this article in any succeeding year on the question of an assessment and promotional program for the period authorized by this article; provided, that no such referendum shall be held within a period of 12 months from the date on which the last referendum was held. In the event such referendum is carried or favored by the required number of eligible swine producers participating therein and assessments in pursuance thereof are levied for the period set forth in the call for such referendum, then the association 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 swine 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 in this section shall be subject to all of the requirements of an original referendum conducted under the provisions of this article.
(Acts 1973, No. 463, p. 653, §11.) |
https://law.justia.com/codes/alabama/title-2/chapter-8/article-2/section-2-8-51/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 8 - Promotion of Agricultural Industries and Products.›Article 2 - Swine Industry.›Section 2-8-51 - Collection of Assessments; Deductions for Expenses. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 2 - Swine Industry. › Section 2-8-51 - Collection of Assessments; Deductions for Expenses. | Section 2-8-51
Collection of assessments; deductions for expenses.
In the event the required number of swine producers approve by a referendum as provided in this article the levying of an assessment upon the sale of swine for a promotional program, the Commissioner of Agriculture and Industries shall, within 30 days, notify in writing every person licensed to operate a livestock market under authority of Sections 2-15-60 through 2-15-71, other persons who conduct livestock sales and purchasing establishments, including the sale of feeder pigs, and every person who operates a meat packing or slaughter establishment which buys swine directly from the producer, that on or after the date designated in such notice, which shall be not 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 shall be deducted by all such sales markets or purchasers of swine or by their agents or representatives from the purchase price paid to the seller of such swine where such swine are purchased within the state. On or before the tenth day of each calendar month, all assessments so deducted shall be remitted to the Commissioner of Agriculture and Industries less three percent thereof, which may be retained to compensate the stockyard operator, meat packer or other such establishment for the expense of collecting and remitting such assessment. The books and records of all such purchasers of swine 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 the amounts remitted as required by this section. The Commissioner of Agriculture and Industries shall deduct from all sums remitted to him under this section, to defray the expense incident to collection and administration of this article, an amount to be set by the Board of Agriculture and Industries, but such amount shall not exceed three percent of such sum remitted. All amounts so deducted by the commissioner shall be paid into the State Treasury to the credit of the Agricultural Fund.
(Acts 1973, No. 463, p. 653, §12.) |
https://law.justia.com/codes/alabama/title-2/chapter-8/article-2/section-2-8-52/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 8 - Promotion of Agricultural Industries and Products.›Article 2 - Swine Industry.›Section 2-8-52 - Remission of Collections to Treasurer of Association. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 2 - Swine Industry. › Section 2-8-52 - Remission of Collections to Treasurer of Association. | Section 2-8-52
Remission of collections 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 of January, April, July and October of each year, less an amount not to exceed three percent of the total amount so collected, which commission shall be deposited in 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 the promotional program in the manner provided by this article and the rules and regulations of the association.
(Acts 1973, No. 463, p. 653, §13.) |
https://law.justia.com/codes/alabama/title-2/chapter-8/article-2/section-2-8-54/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 8 - Promotion of Agricultural Industries and Products.›Article 2 - Swine Industry.›Section 2-8-54 - Refund of Assessment to Swine Producer. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 2 - Swine Industry. › Section 2-8-54 - Refund of Assessment to Swine Producer. | Section 2-8-54
Refund of assessment to swine producer.
Any producer of swine 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 swine producer, 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 swine sold by such swine producer. Applications for refunds of amounts deducted from the sale price of any swine sold must give the name and address of the sale market or purchaser who bought the swine, date of purchase, invoice number, if any, and the number of head purchased from him for which the assessment was deducted. Within 30 days after the first quarterly receipt of funds from the Commissioner of Agriculture and Industries, and thereafter within 30 days after 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 seller, within 30 days after receipt of the application for refund, shall constitute a compliance with this section.
(Acts 1973, No. 463, p. 653, §15.) |
https://law.justia.com/codes/alabama/title-2/chapter-8/article-2/section-2-8-55/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 8 - Promotion of Agricultural Industries and Products.›Article 2 - Swine Industry.›Section 2-8-55 - Exempt Sales. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 2 - Swine Industry. › Section 2-8-55 - Exempt Sales. | Section 2-8-55
Exempt sales.
The provisions of this article shall not apply to occasional sales between producers.
(Acts 1973, No. 463, p. 653, §16.) |
https://law.justia.com/codes/alabama/title-2/chapter-8/article-2/section-2-8-56/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 8 - Promotion of Agricultural Industries and Products.›Article 2 - Swine Industry.›Section 2-8-56 - Bond of Treasurer of Association. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 2 - Swine Industry. › Section 2-8-56 - Bond of Treasurer of Association. | Section 2-8-56
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 quarterly receipts but not more than the estimated annual total amount of the assessment 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 1973, No. 463, p. 653, §17.) |
https://law.justia.com/codes/alabama/title-2/chapter-8/article-2/section-2-8-57/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 8 - Promotion of Agricultural Industries and Products.›Article 2 - Swine Industry.›Section 2-8-57 - Expenditure of Assessments. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 2 - Swine Industry. › Section 2-8-57 - Expenditure of Assessments. | Section 2-8-57
Expenditure of assessments.
The funds derived from any assessments levied upon the sale of swine 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 swine and swine 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 swine and swine 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 of this Code, 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 1973, No. 463, p. 653, §18.) |
https://law.justia.com/codes/alabama/title-2/chapter-8/article-2/section-2-8-58/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 8 - Promotion of Agricultural Industries and Products.›Article 2 - Swine Industry.›Section 2-8-58 - Joint Programs With Other States. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 2 - Swine Industry. › Section 2-8-58 - Joint Programs With Other States. | Section 2-8-58
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 1973, No. 463, p. 653, §19.) |
https://law.justia.com/codes/alabama/title-2/chapter-8/article-2/section-2-8-59/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 8 - Promotion of Agricultural Industries and Products.›Article 2 - Swine Industry.›Section 2-8-59 - Annual Audit of Association; Examination by Department of Examiners of Public Accou... | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 2 - Swine Industry. › Section 2-8-59 - Annual Audit of Association; Examination by Department of Examiners of Public Accounts; Publication of Statement. | Section 2-8-59
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 1973, No. 463, p. 653, §20; Act 2010-257, p. 448, §1.) |
https://law.justia.com/codes/alabama/title-2/chapter-8/article-2/section-2-8-60/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 8 - Promotion of Agricultural Industries and Products.›Article 2 - Swine Industry.›Section 2-8-60 - Rules and Regulations. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 2 - Swine Industry. › Section 2-8-60 - Rules and Regulations. | Section 2-8-60
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 meeting.
(Acts 1973, No. 463, p. 653, §21.) |
https://law.justia.com/codes/alabama/title-2/chapter-8/article-2/section-2-8-61/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 8 - Promotion of Agricultural Industries and Products.›Article 2 - Swine Industry.›Section 2-8-61 - Enforcement Duties of Commissioner; Revocation of Certification of Association. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 2 - Swine Industry. › Section 2-8-61 - Enforcement Duties of Commissioner; Revocation of Certification of Association. | Section 2-8-61
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 commodities 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 1973, No. 463, p. 653, §22.) |
https://law.justia.com/codes/alabama/title-2/chapter-8/article-2/section-2-8-62/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 8 - Promotion of Agricultural Industries and Products.›Article 2 - Swine Industry.›Section 2-8-62 - Penalty for Failure to Deduct and Pay Over Assessment; Inspection of Books and Reco... | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 2 - Swine Industry. › Section 2-8-62 - Penalty for Failure to Deduct and Pay Over Assessment; Inspection of Books and Records; Injunctions. | Section 2-8-62
Penalty for failure to deduct and pay over assessment; inspection of books and records; injunctions.
(a) Any dealer, handler, processor, sales market or other purchaser of swine 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 purchaser of swine 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 purchases of swine 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 buying swine 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 buys swine 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 1973, No. 463, p. 653, §23.) |
https://law.justia.com/codes/alabama/title-2/chapter-8/article-3/section-2-8-80/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 8 - Promotion of Agricultural Industries and Products.›Article 3 - Soybean Industry.›Section 2-8-80 - Legislative Purpose and Intent. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 3 - Soybean Industry. › Section 2-8-80 - Legislative Purpose and Intent. | Section 2-8-80
Legislative purpose and intent.
It is hereby declared to be in the interest of the public welfare that producers of soybeans shall be authorized and encouraged to act jointly and in cooperation with handlers, dealers and purchasers of soybeans and 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 soybeans and soybean 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 soybean industry and the financing thereof pursuant to powers conferred upon the Legislature by Amendment 315 to the Alabama Constitution of 1901.
(Acts 1971, No. 227, p. 523, §1.) |
https://law.justia.com/codes/alabama/title-2/chapter-8/article-3/section-2-8-81/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 8 - Promotion of Agricultural Industries and Products.›Article 3 - Soybean Industry.›Section 2-8-81 - Authorized Activities Not Illegal or in Restraint of Trade. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 3 - Soybean Industry. › Section 2-8-81 - Authorized Activities Not Illegal or in Restraint of Trade. | Section 2-8-81
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 soybean industry shall be deemed or considered illegal or in restraint of trade.
(Acts 1971, No. 227, p. 523, §2.) |
https://law.justia.com/codes/alabama/title-2/chapter-8/article-3/section-2-8-82/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 8 - Promotion of Agricultural Industries and Products.›Article 3 - Soybean Industry.›Section 2-8-82 - Referendum and Assessments Declared to Be in Public Interest. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 3 - Soybean Industry. › Section 2-8-82 - Referendum and Assessments Declared to Be in Public Interest. | Section 2-8-82
Referendum and assessments declared to be in public interest.
It is hereby further declared to be in the public interest and highly advantageous to the economy of the state that soybean producers be permitted by referendum as provided in this article 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 soybeans and soybean products.
(Acts 1971, No. 227, p. 523, §3.) |
https://law.justia.com/codes/alabama/title-2/chapter-8/article-3/section-2-8-83/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 8 - Promotion of Agricultural Industries and Products.›Article 3 - Soybean Industry.›Section 2-8-83 - Application of Soybean Producers' Association for Certification and Approval to Con... | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 3 - Soybean Industry. › Section 2-8-83 - Application of Soybean Producers' Association for Certification and Approval to Conduct Referendum - Generally. | Section 2-8-83
Application of soybean producers' association for certification and approval to conduct referendum - Generally.
Any nonprofit association of producers fairly and substantially representative of the producers of soybeans throughout the state may make application to the State Board of Agriculture and Industries for certification and approval for the purpose of conducting a referendum among soybean producers of the state upon the question of levying an assessment and collecting, expending and utilizing the same for the purpose or purposes authorized under this article and as stated in such referendum. Any nonprofit association approved or certified under this article as an approved or certified association 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.
(Acts 1971, No. 227, p. 523, §4.) |
https://law.justia.com/codes/alabama/title-2/chapter-8/article-3/section-2-8-84/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 8 - Promotion of Agricultural Industries and Products.›Article 3 - Soybean Industry.›Section 2-8-84 - Application of Soybean Producers' Association for Certification and Approval to Con... | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 3 - Soybean Industry. › Section 2-8-84 - Application of Soybean Producers' Association for Certification and Approval to Conduct Referendum - Action by State Board of Agriculture and Industries on Application. | Section 2-8-84
Application of soybean producers' association for certification and approval to conduct referendum - Action by State Board of Agriculture and Industries on application.
Upon the filing with the State Board of Agriculture and Industries of an application by any nonprofit association of soybean producers, as provided in Section 2-8-83, 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 soybean 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, the board shall certify such association as the duly delegated and authorized group or organization and shall likewise certify that such organization is duly authorized to conduct among the soybean 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 soybean producer members in the applicant organization, the size, stability, potential effectiveness and fiscal soundness of the applicant organization and any organizations with which it is affiliated, the existence and effectiveness of affiliated county organizations in the applicant organization and its affiliates and the sentiment of soybean producers as ascertained by petitions, hearings and otherwise as may be determined by the board. No application shall be considered if an association holds currently valid certification.
(Acts 1971, No. 227, p. 523, §5.) |
https://law.justia.com/codes/alabama/title-2/chapter-8/article-3/section-2-8-85/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 8 - Promotion of Agricultural Industries and Products.›Article 3 - Soybean Industry.›Section 2-8-85 - Authority of Certified Association to Conduct Referendum on Assessment. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 3 - Soybean Industry. › Section 2-8-85 - Authority of Certified Association to Conduct Referendum on Assessment. | Section 2-8-85
Authority of certified association to conduct referendum on assessment.
Upon being certified by the State Board of Agriculture and Industries as provided in Section 2-8-84, such association shall thereupon be fully authorized and empowered to hold and conduct on the part of the Alabama soybean 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 1971, No. 227, p. 523, §6.) |
https://law.justia.com/codes/alabama/title-2/chapter-8/article-3/section-2-8-86/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 8 - Promotion of Agricultural Industries and Products.›Article 3 - Soybean Industry.›Section 2-8-86 - Notice of Referendum. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 3 - Soybean Industry. › Section 2-8-86 - Notice of Referendum. | Section 2-8-86
Notice of referendum.
When a referendum has been authorized as provided in Section 2-8-85, the certified association shall, not less than 30 days before the date for 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 for which said amount so collected shall be expended and applied. Such notice shall be published by the certified association 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 1971, No. 227, p. 523, §7.) |
https://law.justia.com/codes/alabama/title-2/chapter-8/article-3/section-2-8-87/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 8 - Promotion of Agricultural Industries and Products.›Article 3 - Soybean Industry.›Section 2-8-87 - Conduct of Referendum; Payment of Expense. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 3 - Soybean Industry. › Section 2-8-87 - Conduct of Referendum; Payment of Expense. | Section 2-8-87
Conduct of referendum; payment of expense.
The arrangements for and the management of any referendum conducted under the provisions of this article shall be under the direction of the association certified by the State Board of Agriculture and Industries to conduct the same, and such association 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 association.
(Acts 1971, No. 227, p. 523, §8.) |
https://law.justia.com/codes/alabama/title-2/chapter-8/article-3/section-2-8-88/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 8 - Promotion of Agricultural Industries and Products.›Article 3 - Soybean Industry.›Section 2-8-88 - Eligibility to Vote in Referendum; Question to Be Voted On. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 3 - Soybean Industry. › Section 2-8-88 - Eligibility to Vote in Referendum; Question to Be Voted On. | Section 2-8-88
Eligibility to vote in referendum; question to be voted on.
Any referendum conducted under the provisions of this article 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. All producers of soybeans who shall be subject to any assessments levied under the provisions of this article and who produced soybeans in the crop year immediately preceding the referendum 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 of five years in an amount set forth in the call for such referendum, which amount shall not exceed the limitations prescribed by this article.
(Acts 1971, No. 227, p. 523, §9; Acts 1980, No. 80-316, p. 436, §1.) |
https://law.justia.com/codes/alabama/title-2/chapter-8/article-3/section-2-8-89/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 8 - Promotion of Agricultural Industries and Products.›Article 3 - Soybean Industry.›Section 2-8-89 - Majority Vote Required for Approval of Assessment; Canvass of Results; Limitation o... | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 3 - Soybean Industry. › Section 2-8-89 - Majority Vote Required for Approval of Assessment; Canvass of Results; Limitation on Assessment. | Section 2-8-89
Majority vote required for approval of assessment; canvass of results; limitation on assessment.
If in any referendum held under the provisions of this article a majority or more of the soybean 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 such referendum, then such 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 thereof. The amount of the assessment levied upon the sale of soybeans shall not exceed two cents per net bushel after deductions for foreign material on any soybeans sold by the producers thereof.
(Acts 1971, No. 227, p. 523, §10; Acts 1973, No. 1073, p. 1827; Acts 1984, No. 84-274, p. 460.) |
https://law.justia.com/codes/alabama/title-2/chapter-8/article-3/section-2-8-90/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 8 - Promotion of Agricultural Industries and Products.›Article 3 - Soybean Industry.›Section 2-8-90 - Subsequent Referendums. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 3 - Soybean Industry. › Section 2-8-90 - Subsequent Referendums. | Section 2-8-90
Subsequent referendums.
In the event any referendum conducted as provided in this article shall fail to receive the required number of affirmative votes from soybean producers eligible for participation and voting therein, then the certified association conducting the said 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; provided, that no such referendum shall be held within a period of 12 months from the date on which the last referendum was held. In the event such referendum is carried or favored by the required number of eligible soybean producers participating therein and assessments in pursuance thereof are levied for the period set forth in the call for such referendum, then the association 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 soybean 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 authorized in this section shall be subject to all of the requirements of an original referendum conducted under the provisions of this article.
(Acts 1971, No. 227, p. 523, §11.) |
https://law.justia.com/codes/alabama/title-2/chapter-8/article-3/section-2-8-91/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 8 - Promotion of Agricultural Industries and Products.›Article 3 - Soybean Industry.›Section 2-8-91 - Collection of Assessments; Deductions for Expenses. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 3 - Soybean Industry. › Section 2-8-91 - Collection of Assessments; Deductions for Expenses. | Section 2-8-91
Collection of assessments; deductions for expenses.
In the event the required number of soybean producers approve, by a referendum as provided in this article, the levying of an assessment upon the sale of soybeans for a promotional program, the Commissioner of Agriculture and Industries shall, within 30 days, notify in writing every person engaged in the business of buying soybeans, whether said buyers are located within the State of Alabama or not, that on or after the date designated in such notice, which shall not be less than 30 nor more than 60 days after the mailing of such notice by the Commissioner of Agriculture and Industries, that the amount of the assessment levied pursuant to the referendum shall be deducted by all purchasers of soybeans from the sale price thereof where such soybeans are purchased within the state. The deductions of assessments as required by this article shall be deducted by the first purchaser from the grower of the soybeans. "First purchaser" means any person that buys soybeans from the grower in the first instance, or any lienholder or pledgee, public or private, or assignee of said lienholder, secured party or pledgee who gains title to the soybeans from the grower as the result of exercising any legal rights by the lienholder, secured party, pledgee or assignee thereof, regardless of when the lien, security interest or pledge was created. "First purchaser" also includes any person, public or private, who acquires a lien or security interest or receives a pledge of the soybeans after said soybeans are harvested. On or before the tenth day of each calendar month, all assessments so deducted by the first purchaser shall be remitted to the Commissioner of Agriculture and Industries. The books and records of all such purchasers of soybeans subject to the deductions or assessments 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 1971, No. 227, p. 523, §12; Acts 1980, No. 80-316, p. 436, §1.) |
Subsets and Splits
No community queries yet
The top public SQL queries from the community will appear here once available.