SB91 Alabama 2023 Session

Summary

Primary Sponsor

Josh CarnleySenator

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

SB91 updates Alabama’s peanut and other crop promotional assessments by changing notice rules, how long assessments last, admin deductions, audits, and related procedures.

What This Bill Does

It tightens notice requirements for referenda on assessments, including at least 30 days’ advance notice and, for peanuts, weekly newspaper notices near USDA points. It changes how long an approved assessment stays in effect before another referendum is required (three or five years) and allows intermediary referendums to extend or modify terms. It adjusts the percentage the Commissioner may deduct for administrative costs and requires remittance timing and public accounting. It updates audit rules for associations that conduct referenda (including for sheep and goats) and requires public disclosure of audits and financial statements.

Who It Affects

• Producers and growers who participate in referenda on assessments for promoting peanuts and other nuts, bulbs, fruits, and vegetables—notice, voting duration, and referendum terms are updated.
• Certified associations that conduct referenda, the Commissioner of Agriculture and Industries, and purchasers of agricultural products—administrative deductions, auditing, and financial reporting requirements are changed.

Key Provisions

• Notice and publication requirements for referenda: certified associations must publish details at least 30 days before the referendum; peanut referenda require additional weekly newspaper notices in the county with peanut points.
• Assessment duration: approved annual assessments are collected for three or five years, with terms set in the referendum call.
• Administrative deductions: the Commissioner may deduct a specified percentage from sums remitted for administrative costs; remittance timing rules apply, with funds credited to the Agricultural Fund.
• Referendum scope and participation: referenda may be held area-wide or statewide; eligible producers vote on whether to levy the annual assessment for the defined period.
• Intermediary referendums and continuation: after a vote, the organization may call further referendums to extend or modify terms; if intermediary referendums fail, previous terms stay in effect.
• Audit and public disclosure: associations must be audited by a certified public accountant at defined intervals, with reports and financial statements publicly available.

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