Senate Bill No. 36
(By Senators Brackenrich and Boley)
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[Introduced February 10, 1993;
referred to the Committee on Government Organization.]
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A BILL to repeal sections four, five and eight, article two-g,
chapter nineteen of the code of West Virginia, one thousand
nine hundred thirty-one, as amended; and to amend and
reenact sections six, seven and ten of said article, all
relating to the tree fruit industry self-improvement
assessment program; deleting provision for implementing or
terminating the program by referendum of producers; deleting
provision allowing refunds of assessments to producers;
requiring promulgation of rules by board; requiring board to
set amount of assessments by rule; and continuation of
program.
Be it enacted by the Legislature of West Virginia:
That sections four, five and eight, article two-g, chapter
nineteen of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, be repealed; that sections six, seven and
ten of said article be amended and reenacted, all to read as
follows:
ARTICLE 2G. TREE FRUIT INDUSTRY SELF-IMPROVEMENT ASSESSMENT
PROGRAM.
§19-2G-6. Tree fruit industry self-improvement assessment board;
administration of program; report to Legislature; rules and
regulations.
(a) There is hereby created a West Virginia tree fruit
self-
improvement assessment board consisting of nine persons who are
residents of the state and citizens of the United States and who
are and have been actually engaged in the industry of producing
tree fruits for the preceding five years. The nine persons who
shall serve as members of the board shall be appointed by the
governor for terms of three years and may serve successive terms:
Provided, That the initial appointments of members of the board
shall be three members to serve for terms of one year each, three
members to serve for terms of two years each and three members to
serve for terms of three years each.
(b) The governor shall make appointments to fill any
vacancies which may occur on the board and these appointments
shall be only for the unexpired term of the position on the
board. In making appointments to the board, the governor shall
consider the recommendations made by organizations and groups in
West Virginia which are concerned with or engaged in the
production of tree fruits for the purpose of marketing tree
fruits to consumers or processors. If the governor fails to make
an appointment within ninety days after the expiration of any
term or within ninety days after a vacancy occurs, the boardshall, with the concurrence of a majority of the members still
serving, make the necessary appointment. Each member shall hold
office until the expiration of his term or until a successor is
duly appointed and qualified.
(c) The board shall elect a chairman, a secretary and a
treasurer from its membership and shall meet at such times and
places as designated by call of the chairman or by a majority of
the board. All board meetings shall be held in accordance with
the state open meetings law. A stipend shall be paid to each
member from board collections not to exceed thirty-five dollars
per meeting for each meeting actually attended, and each member
shall be reimbursed for his actual expenses incurred with respect
to each meeting for room, meals and mileage in the same amount as
is provided for by the rules and regulations promulgated by the
governor for reimbursing state officials and employees of the
state. No board member may receive any other salary or
compensation for his services.
(d) The board may contract for services, employ and
discharge employees, provide for such facilities and equipment as
are necessary for the employees to perform their duties and may
cooperate with other state or federal agencies or other
organizations whose activities may be beneficial to the purposes
of this article. The board may not expend funds to influence
legislation or for any political campaign.
(e) The board shall administer the tree fruit self-
improvement assessment program. All such activities shall bedirected toward increasing the sale of tree fruits produced in
the state without reference to any particular firm, individual,
brand or trade name.
(f) The board shall submit a report, including a complete
fiscal accounting of its activities, to the Legislature not later
than the fifteenth day of January of each year.
(g) The board
may shall promulgate
such rules and
regulations
as the board considers necessary to carry out the
purposes of this article after a public hearing following due
notice to all interested persons and compliance with the
provisions of the state administrative procedures set forth in
chapter twenty-nine-a of this code.
§19-2G-7. Assessment on sales; reimbursement for collecting.
(a) All tree fruit markets, packers, processors,
wholesalers, dealers and other persons, excluding persons
purchasing tree fruits for their personal consumption or use,
purchasing tree fruits, including direct shipments from
producers, shall deduct the assessments,
stipulated in the
authorizing referendum, provided for in section four of this
article, which shall be set by rules promulgated by the board as
provided for in section six of this article, from the settlement
for such tree fruit and to forward it within thirty days to the
treasurer of the board.
Five percent of the funds so collected
shall be retained by the person remitting the funds as
reimbursement for additional problems and costs.
(b) The board shall keep accurate records of the amounts ofassessments and the dates on which they are received, and of the
expenditures of funds and the dates on which they are made.
These records shall be preserved for at least five years.
§19-2G-10. Continuation of program.
Pursuant to the provisions of section four, article ten,
chapter four of this code,
and following a preliminary
performance review conducted through the joint committee on
government operations, the tree fruit industry self-improvement
assessment board shall continue to exist until the first day of
July, one thousand nine hundred
ninety-three ninety-nine, to
allow for the completion of an audit by the joint committee on
government operations.
NOTE: This bill repeals provisions relating to
authorizing
tree fruit producers to implement or terminate the Tree Fruit
Industry Self-Improvement Assessment Program by referendum,
repeals a provision permitting refunds of assessments to
producers, makes promulgation of rules by the Tree Fruit Industry
Self-Improvement Assessment Board mandatory, and provides for the
continuation of the Tree Fruit Industry Self-Improvement
Assessment Program until July 1, 1999.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.
This bill is recommended by the Joint Committee on
Government Operations for passage at the 1993 Regular Session.