HB180 Alabama 2023 Session

Summary

Primary Sponsor

Jennifer FidlerRepresentative

Republican

Session

Regular Session 2023

Title

Relating to Agriculture, to amend Sections 2-8-126, 2-8-128, 2-8-131, 2-8-133, 2-8-134, 2-8-135, and 2-8-323, Code of Alabama 1975, to revise the requirements for giving notice of a referendum on an assessment to be used to promote peanuts specifically as well as other nuts, bulbs, fruits, and vegetables; to revise the time an assessment on the sale of nuts, bulbs, fruits, or vegetables is effective between referendums; to revise the percentage the Commissioner of Agriculture and Industries may deduct from the sum of the assessment on nuts, bulbs, fruit, and vegetables; to revise the length of time between audits of an organization certified to conduct a referendum regarding an assessment on the sale of sheep and goats; and to make nonsubstantive, technical revisions to update the existing code language to current style.

Summary

HB180 updates Alabama's peanut and other crop referendum rules by changing notice, duration of assessments, admin deductions, audit timing, and peanut-specific publishing requirements.

What This Bill Does

It revises how notice for referendums on promotional assessments is given, adding peanut-specific publication requirements. It changes how long an approved assessment stays in effect before another referendum is needed, allowing terms of three or five years. It modifies the portion of funds the Commissioner of Agriculture and Industries may deduct to cover administrative costs. It also updates audit timing for organizations conducting referendums (now every two to five years) and requires public disclosure of audits and annual financial statements to the state.

Who It Affects

• Producers/growers of nuts, bulbs, fruits, vegetables (including peanuts) who would be subject to assessments and vote on whether to continue them.
• Certified organizations that conduct referendums and related buyers/purchasers of agricultural products, who handle notice, collection, remittance, deductions for admin costs, and audits.

Key Provisions

• Notice requirements: before calling a referendum, the certified association must publicly announce date, hours, polling places, assessment amount and collection method at least 30 days before; for peanuts, notice must also be published weekly for three consecutive weeks in the county with USDA peanut points.
• Assessment duration: if approved, the annual assessment is collected for a period of three or five years as specified in the referendum.
• Maximum assessment: no annual assessment may exceed 0.75% of the year's production value of the commodity for farmers in the referendum group.
• Administration deduction: the Commissioner may deduct a percentage of sums remitted to cover administrative costs (the percentage is revised).
• Audit and reporting: audits of the certified association are required every two to five years, with reports open to public inspection; within 90 days after fiscal year end, the association must provide a financial statement to the state showing amounts received, spent, and purposes.
• Intermediary referendums: outlines procedures for intermediary referendums and what happens if they fail or pass, including waiting periods and authority to alter terms.
• Effective date: the act becomes effective on the first day of the third month after passage and Governor's approval.
• Nonsubstantive updates: minor language changes to align with current style.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Agriculture, further provide for promotion of products programs