184.2 - ESTABLISHMENT OF IOWA EGG COUNCIL AND ASSESSMENT.
184.2 ESTABLISHMENT OF IOWA EGG COUNCIL AND
ASSESSMENT.
1. The secretary shall call and the department shall conduct a
referendum upon the department's receipt of a petition which is
signed by at least twenty producers requesting a referendum to
determine whether to establish an Iowa egg council and to impose an
assessment as provided in section 184.3. The referendum shall be
conducted within sixty days following receipt of the petition. The
petitioners shall guarantee payment of the cost of the referendum by
providing evidence of financial security as required by the
department.
2. The department shall give notice of the referendum on the
question whether to establish a council and to impose an assessment
by publishing the notice for a period of not less than five days in
at least one newspaper of general circulation in the state. The
notice shall state the voting places, period of time for voting, and
other information deemed necessary by the department. A referendum
shall not be commenced until five days after the last date of
publication.
3. a. Each producer who signs a statement certifying that the
producer is a bona fide producer shall be an eligible voter under
this section. An eligible voter is entitled to cast one vote in each
referendum conducted under this section.
b. At the close of the referendum, the secretary shall count
and tabulate the ballots cast.
(1) If a majority of eligible voters approve establishing an Iowa
egg council and imposing an assessment, a council shall be
established, and an assessment shall be imposed commencing not more
than sixty days following the referendum as determined by the council
and shall continue until eligible voters voting in a referendum held
pursuant to section 184.5 vote to abolish the council and terminate
the imposition of the assessment.
(2) If a majority of the voters do not approve establishing the
council and imposing the assessment, the council shall not be
established and an assessment shall not be imposed until another
referendum is held under this chapter and a majority of the eligible
voters approve establishing a council and imposing the assessment.
If a referendum should fail, another referendum shall not be held
within one hundred eighty days.
4. Immediately after passage of the question at the referendum,
the secretary shall appoint seven members to the council in
accordance with section 184.6 based on nominations made by the Iowa
poultry association. The association shall nominate and the
secretary shall appoint two members representing large producers, two
members representing medium producers, and three members representing
small producers. The department, in consultation with the
association, shall determine initial classifications for small,
medium, and large producers. The secretary shall complete the
appointments within thirty days following passage of the question at
the referendum. Section History: Early Form
[C75, 77, 79, 81, § 196A.4] Section History: Recent Form
95 Acts, ch 7, § 5; 98 Acts, ch 1032, §11; 98 Acts, ch 1038, §3,
13
C99, § 184.2
Referred to in §184.1, 184.5