Page:United States Statutes at Large Volume 104 Part 5.djvu/566

 104 STAT. 3888 PUBLIC LAW 101-624—NOV. 28, 1990 assessments remitted to the Board that was remitted from the unit (net of any refunds made under subsection (1)(2)), on the average, during each of the 3 previous fiscal years of the Board. (ii) FIRST THREE FISCAL YEARS.— (I) FIRST FISCAL YEAR.—During the first fiscal year of the Board, each unit shall be allotted one vote for each percent, or portion of a percent, of the total production of soybeans in the United States that was produced in the unit, on the average, during each of the 3 immediately preceding crop years. (II) SECOND AND THIRD FISCAL YEARS. — The order shall provide appropriate adjustments of the procedure for the allotment of votes under clause (i) to apply to allotments of votes during the second and third fiscal years of the Board. (iii) DIVISION OF VOTES WITHIN UNITS. —A unit's total votes under clause (i) or (ii) shall be divided equally among all the members present and voting representing that unit. The procedures established by the order shall provide for the equitable disposition of fractional votes assigned to a member under such division of a unit's vote. (3) MOTIONS. — (A) IN GENERAL.— Except as provided in subparagraph (B), a motion shall carry if approved by a simple majority of members of the Board casting votes. (B) ROLL CALL VOTES. —Any member of the Board may call for a roll call vote on any motion. Except as otherwise provided in the bylaws adopted by the Board, whenever a roll call vote is conducted, the motion shall carry only if it is approved by a simple majority of all votes cast and a simple majority of all units voting (with the vote of each unit determined by a simple majority of all votes cast by members in that unit). (4) COMMITTEE VOTES. — In any vote conducted by a committee of the Board, each member of the committee shall have one vote. (5) PROXIES. — A member may not cast votes by proxy. (e) BUDGETS. — (1) IN GENERAL. — The order shall provide that the Board shall develop budgets on a fiscal year basis of anticipated expenses and disbursements under the order, including probable costs of administration and promotion, research, consumer information, and industry information projects. The Board shall submit such budgets or any substantial modification thereof to the Secretary for the Secretary's approval. (2) LIMITATION. — No expenditure of funds may be made by the Board unless such expenditure is authorized under a budget or modification approved by the Secretary. (f) PLANS AND PROJECTS.— The order shall provide that the Board shall review or, on its own initiative, develop plans or projects of promotion, research, consumer information, and industry information, to be paid for with funds received by the Board. Such plans or projects shall not become effective until approved by the Secretary.

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