Wheat marketing commission.

WORKING DRAFT

ORIGINAL HOUSE

BILL

NO.
0102

ENROLLED ACT NO. 12, HOUSE OF REPRESENTATIVES

FIFTY-NINTH LEGISLATURE OF THE STATE OF WYOMING
2007 GENERAL SESSION

AN ACT relating to the wheat marketing commission; reducing the membership of the commission; removing area restrictions for appointments to the commission; modifying other criteria for commission membership; modifying assessments; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.

W.S. 11
‑
38
‑
102(a) and (c), 11
‑
38
‑
103 and 11
‑
38
‑
108(d) are amended to read:

11
‑
38
‑
102.

Establishment; composition; appointment; removal; officers; consultation permitted; area distribution of nominations.

(a)

The wheat marketing commission is established consisting of
seven (7)
five (5)
members appointed by the governor from nominations made by the Wyoming wheat growers association or any other duly organized and incorporated state organization within the state of Wyoming having a commodity division working with wheat. The director of the department of agriculture or his designated representative shall serve ex officio. The governor may remove any member he appoints as provided in W.S. 9
‑
1
‑
202.

(c)

All appointed members shall derive
their main
substantial
income from the growing of wheat
.

The nominations shall be submitted from the following areas: Area I - Niobrara, Goshen, Platte, Laramie; Area II - Sheridan, Johnson, Campbell, Crook, Weston, Carbon, Converse, Natrona, Fremont, Park, Teton, Hot Springs, Big Horn, Washakie, Sublette, Uinta and Lincoln
Geographic representation of membership on the commission shall be provided for based on historical wheat production records
. Each nomination shall include a resume of the nominee's qualifications for serving on the commission.
There shall be four (4) commission members from Area I and three (3) commission members from Area II.

11
‑
38
‑
103.

Terms of office.

(a)

The terms of office for the initial wheat commission members shall be three (3) terms of one (1) year each, two (2) terms of two (2) years each and two (2) terms of three (3) years each. Subsequent appointments will be for terms of three (3) years.

(b)

To reduce the commission from seven (7) members to five (5) members, the commission shall be reduced by the two (2) positions that are vacant as of March 15, 2007.

11
‑
38
‑
108.

Assessments generally; refund of contributions; penalty for failure to pay or remit monies due or collected.

(d)

Any grower who by virtue of his activities or circumstances is within the meaning of the term "handler" as herein defined, or who shall sell, ship or otherwise dispose of wheat to a handler or other person or store wheat outside the jurisdiction of this act, shall forthwith remit to the director the full amount of the assessment due.
Wheat originating from any state that collects a similar levy upon wheat, but bases assessment upon the location of the first sale taking place within its jurisdiction shall be treated as if the wheat were grown within the state of Wyoming, being first handled by a Wyoming handler. At the first commission meeting following July 1 of each year, the commission shall determine which states collect a similar levy and shall then notify all domestic handlers of those states.

Section 2.

This act is effective immediately upon co
m
pletion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constit
u
tion.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk

1