ENROLLED
H. B. 2082
(By Delegates Martin, Love, Wallace and L. White)
[Passed April 8, 1993; in effect July 1, 1993.]
AN ACT 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 two-g,
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; 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thirty-one, as amended, be repealed; that sections six, seven and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 two-g be amended and reenacted 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 toLegislature; 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 board
shall, 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 andplaces 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 be
directed 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 shall promulgate rules and regulations to
carry out the purposes of this article after a public hearingfollowing 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, 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.
(b) The board shall keep accurate records of the amounts of
assessments 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-nine, to allow for the
completion of an audit by the joint committee on government
operations.