179.13 - REFERENDUM.
179.13 REFERENDUM.
At a time designated by the commission within eighteen months
after termination of the national promotional order made pursuant to
the Dairy Product Stabilization Act of 1983, the commission shall
conduct a referendum under administrative procedures prescribed by
the department.
Upon signing a statement certifying to the department that the
person is a bona fide producer as defined in this chapter, each
producer is entitled to one vote in each referendum. When the
secretary is required to determine the approval or disapproval of
producers under this section, the secretary shall consider the
approval or disapproval of a cooperative association of producers,
engaged in a bona fide manner in marketing milk, as the approval or
disapproval of the producers who are members of or contract with the
cooperative association of producers. If a cooperative association
elects to vote on behalf of its members, the cooperative association
shall provide each producer on whose behalf the cooperative
association is expressing approval or disapproval with a description
of the question presented in the referendum together with a statement
of the manner in which the cooperative association intends to cast
its vote on behalf of the membership. The information shall inform
the producer of procedures to follow to cast an individual ballot if
the producer chooses to do so within the period of time established
by the secretary for casting ballots. The notification shall be made
at least thirty days prior to the referendum and shall include an
official ballot. The ballots shall be tabulated by the secretary and
the vote of the cooperative association shall be adjusted to reflect
the individual votes.
The department shall count and tabulate the ballots filed during
the referendum within thirty days of the close of the referendum. If
from the tabulation the department determines that a majority of the
total number of producers voting in the referendum favors the
proposal, the excise tax provided for in this chapter shall be
continued. The ballots cast pursuant to this section constitute
complete and conclusive evidence for use in determinations made by
the department under this chapter.
The secretary may conduct a referendum at any time after the Iowa
dairy industry commission is reactivated, and shall hold a referendum
on request of a representative group comprising ten percent or more
of the number of producers eligible to vote, to determine whether the
producers favor the termination or suspension of the excise tax. The
secretary shall suspend or terminate collection of the excise tax
within six months after the secretary determines that suspension or
termination of the excise tax is favored by a majority of the
producers voting in the referendum, and shall terminate the excise
tax in an orderly manner as soon as practicable after the
determination. Section History: Early Form
[C75, 77, 79, 81, § 179.13] Section History: Recent Form
85 Acts, ch 126, §16