A. At any election of the commodity producers board, the certified organization may submit to the voters a proposition to increase the maximum rate of assessment. The referendum proposition will be adopted upon a finding that:
1. Two-thirds or more of those voting in the election voted in favor of the referendum proposition; or
2. More than one-half of those voting in the election voted in favor of the referendum proposition, and those voting in favor of the proposition produced at least fifty percent (50%) of the volume of the production of the commodity during the relevant production period.
B. 1. If twenty percent (20%) or more of the producers participating in the program present to the certified organization a petition calling for a referendum of the qualified voters on the proposition of discontinuing the assessment, the certified organization shall conduct a referendum for that purpose. An election on a proposition of discontinuing the assessment shall be held no more than once per year.
2. The certified organization shall give notice of the referendum, the referendum shall be conducted, and the results shall be declared in the manner provided by law for the original referendum and election, with any necessary exceptions provided in bylaws of the certified organization.
3. The certified organization shall conduct the referendum within ninety (90) days of the date of filing of the petition.
4. The proposition shall be approved if:
a.two-thirds or more of those voting in the election voted in favor of the referendum proposition, or
b.more than one-half of those voting in the election voted in favor of the referendum proposition, and those voting in favor of the proposition produced at least fifty percent (50%) of the volume of the production of the commodity during the relevant production period.
C. If the proposition is approved, the assessment is abolished.
D. A successor organization shall follow the statutory assessment provisions and the assessment continuation referendum requirements established in the statutory provisions for the particular commodity represented by the successor organization.
Added by Laws 1999, c. 123, § 22, eff. July 1, 1999. Amended by Laws 2014, c. 1, § 20, eff. July 1, 2014.
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