184.5 - REFERENDUMS CONDUCTED TO ABOLISH THE COUNCIL AND TERMINATE IMPOSITION OF THE ASSESSMENT.
184.5 REFERENDUMS CONDUCTED TO ABOLISH THE COUNCIL
AND TERMINATE IMPOSITION OF THE ASSESSMENT.
1. A referendum may be called to abolish the council and
terminate the imposition of the assessment. The secretary shall
call, and the department shall conduct, the referendum upon the
department's receipt of a petition requesting the referendum. The
petition must be signed by at least twenty eligible voters or fifty
percent of all eligible voters, whichever is greater. In order to be
an eligible voter under this section, a producer must have paid an
assessment in the year of the referendum. 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 following procedures shall apply to a referendum conducted
pursuant to this section:
a. The department shall publish a notice of the referendum
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.
b. Upon signing a statement certifying to the secretary that
the producer is an eligible voter, a producer is entitled to one vote
in each referendum conducted pursuant to this section. The
department may conduct the referendum by mail, electronic means, or a
general meeting of eligible voters. The department shall conduct the
referendum and count and tabulate the ballots filed during the
referendum within thirty days following the close of the referendum.
(1) If a majority of the total number of eligible voters who vote
in the referendum approve the continuation of the council and the
imposition of the assessment, the council and the imposition of the
assessment shall continue as provided in this chapter.
(2) If a majority of the total number of eligible voters who vote
in the referendum held pursuant to this section do not approve
continuing the council and the imposition of the assessment, the
secretary shall terminate the collection of the assessment on the
first day of the year for which the referendum was to continue. The
secretary shall terminate the activities of the council in an orderly
manner as soon as practicable after the determination. An additional
referendum may be held as provided in section 184.2. However, the
subsequent referendum shall not be held within one hundred eighty
days. Section History: Recent Form
95 Acts, ch 7, §6
CS95, §196A.4C
98 Acts, ch 1032, §11; 98 Acts, ch 1038, §5, 13
C99, §184.5
Referred to in §184.2, 184.3, 184.14