184A.12A - REFERENDUM CONDUCTED TO ABOLISH THE COUNCIL AND TERMINATE THE IMPOSITION OF THE ASSESSMENT.
184A.12A REFERENDUM CONDUCTED TO ABOLISH THE COUNCIL
AND TERMINATE THE IMPOSITION OF THE ASSESSMENT.
1. A referendum may be called to abolish the council established
pursuant to sections 184A.1A and 184A.1B, and to terminate the
imposition of the assessment established pursuant to section 184A.2.
The department shall call and 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 be a qualified
producer who paid an assessment in the year in which the referendum
is held. The referendum shall be conducted by election 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 and for a similar period in other
newspapers as prescribed by the department. The notice shall state
the voting places, period of time for voting, manner of 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 department that
a producer is an eligible voter, the 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 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: Recent Form
99 Acts, ch 158, §11, 18, 19