184A.12 - REFERENDUM CONDUCTED TO CONTINUE THE COUNCIL AND THE IMPOSITION OF THE ASSESSMENT.
184A.12 REFERENDUM CONDUCTED TO CONTINUE THE COUNCIL
AND THE IMPOSITION OF THE ASSESSMENT.
1. The council shall call for a referendum to continue the
council established pursuant to section 184A.1A, and to continue the
assessment established pursuant to section 184A.2. The council shall
call and conduct the referendum by election as provided in this
section. The department shall oversee the conduct of the referendum.
The referendum shall be conducted in the fifth year following the
referendum establishing the council and assessment.
2. The following procedures shall apply to a referendum conducted
pursuant to this section:
a. The council 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 and for a similar period in other
newspapers as prescribed by the council. The notice shall state the
voting places, period of time for voting, manner of voting, and other
information deemed necessary by the council. A referendum shall not
be commenced until five days after the last date of publication.
b. Upon signing a statement certifying to the council that a
producer is an eligible voter, the producer is entitled to one vote
in each referendum conducted pursuant to this section. In order to
be an eligible voter under this section, a producer must be a
qualified producer who paid an assessment in the year in which the
referendum is held. The council may conduct the referendum by mail,
electronic means, or a general meeting of eligible voters. The
council 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 eligible voters who vote in the referendum
approves 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 eligible voters who vote in the referendum
does not approve continuing the council and the imposition of the
assessment, the department shall terminate the collection of the
assessment on the first day of the year for which the referendum was
to continue. The department shall terminate the activities of the
council in an orderly manner as soon as practicable after the
referendum. A subsequent referendum may be held as provided in
section 184A.1A. However, the subsequent referendum shall not be
held within one hundred eighty days from the date of the last
referendum. Section History: Early Form
[C73, 75, 77, 79, 81, § 184A.12] Section History: Recent Form
99 Acts, ch 158, §10, 18, 19
Referred to in §184A.1A, 184A.2, 184A.6