25-2510. REFERENDUM FOR HORSE OWNERS. (1) A referendum may be held at the discretion of the horse board to determine if horse owners favor an increase from one dollar ($1.00) to three dollars ($3.00) in the mandatory assessment prescribed in section 25-2505, Idaho Code. The question shall be made available to all horse owners who had a brand inspection the year prior to the referendum. Horse owners who have been issued a lifetime brand inspection after July 1, 2004, are also eligible to participate in the referendum and may do so by requesting a ballot from the Idaho horse board. The Idaho horse board shall publish notice of the referendum once a week for four (4) consecutive weeks, with the last notice being published one (1) week prior to the referendum, in a newspaper of general circulation in each county in the state. The notice shall set forth the process and procedures for voting. Any horse owner eligible to vote in the referendum, and who wishes to vote, shall contact the Idaho horse board for an official ballot as set forth in the notice. Voting on the referendum shall be open for thirty (30) days. Voting shall be by secret ballots upon which the words "Do you favor an increase from one dollar ($1.00) to three dollars ($3.00) in the mandatory assessment to fund the Idaho Horse Board?" are printed with a square before each of the printed words "YES" and "NO" with directions to insert an "X" mark in the square before the proposition which the voter favors. If a majority of the referendum vote is in favor of the mandatory assessment of three dollars ($3.00), the provisions of section 25-2505, Idaho Code, shall be extended indefinitely or until such time that the horse board deems it necessary to hold another referendum on the issue. If a majority of the referendum vote is against the three dollar ($3.00) assessment, the assessment shall remain at one dollar ($1.00). If the referendum receives a majority vote in favor of the increase, the assessment shall be increased to three dollars ($3.00) on the date the director of the department of agriculture announces the results of the referendum.

(2) After five (5) years from the effective date of the referendum required in subsection (1) of this section, and every five (5) years thereafter, a referendum on the continuation of the mandatory assessment to fund the Idaho horse board may be held at the petition of horse owners, or at the request of the Idaho horse board. The question shall be submitted to all horse owners who paid an assessment the year before the referendum and by owners who hold a lifetime brand inspection issued since July 1, 1993. The question shall be submitted by secret ballots upon which the words, "Do you favor the continuation of a mandatory assessment to fund the Idaho Horse Board?" are printed with a square before each of the printed words "YES" and "NO" with directions to insert an "X" mark in the square before the question which the voter favors. If a majority of the referendum vote is in favor of continuing the mandatory assessment, all of the provisions of chapter 25, title 25, Idaho Code, shall continue. If a majority of the referendum vote is against continuing the mandatory assessment, the assessment imposed in section 25-2505, Idaho Code, shall cease to be mandatory on the date the director of the department of agriculture announces the results of the referendum vote. The procedures necessary to initiate a referendum under this subsection are as follows:

(a) A referendum shall be held if the Idaho department of agriculture receives a petition requesting such a referendum signed by ten percent (10%) or more of horse owners who have had a brand inspection, in either of the two (2) immediate past years; or

(b) A referendum shall be held if the Idaho department of agriculture receives a written request for such referendum from the Idaho horse board.

(3) Any referendum held pursuant to subsections (1) and (2) of this section shall be conducted as follows:

(a) Any referendum must be supervised by the Idaho department of agriculture.

(b) Any referendum shall be held, and the result determined and declared by the director of the department of agriculture, and recorded in the office of the secretary of state.

(c) Notice of any referendum must be given by the Idaho horse board in the manner set forth in subsection (1) of this section. The ballots must be prepared by the Idaho horse board and be made available to eligible owners. Returned ballots shall be delivered to the Idaho department of agriculture, main office.

(d) The Idaho horse board shall pay the costs of any referendum.

History:

[25-2510, added 1993, ch. 133, sec. 2, p. 328; am. 1997, ch. 39, sec. 1, p. 73; am. 2000, ch. 312, sec. 1, p. 1050; am. 2001, ch. 183, sec. 7, p. 617; am. 2006, ch. 202, sec. 2, p. 618.]