TITLE 22

AGRICULTURE AND HORTICULTURE

CHAPTER 40

BARLEY — PROMOTION OF MARKETING

22-4019.  Referendum for barley growers. (1) After five (5) years from the effective date of this section a referendum shall be held to determine if barley growers favor the continuation of the refund provisions prescribed in section 22-4015, Idaho Code. The question shall be submitted by secret ballots upon which the words "Do you favor a barley commission that is funded by all growers with no refund provision?" 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 continuing the refund provision, the provisions of subsection (4) of section 22-4015, Idaho Code, shall be extended indefinitely or until such time that the commission deems it necessary to hold another referendum on the issue.

(2)  After five (5) years from the effective date of the referendum required by the provisions of subsection (1) above, and every five (5) years thereafter, a referendum on the continuation of the barley commission may be held at the petition of barley growers, or at the request of the barley commission. The question shall be submitted by secret ballots upon which the words "Do you favor continuation of the barley commission?" 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 barley commission, all of the provisions of chapter 40, title 22, Idaho Code, shall continue. If a majority of the referendum vote is against continuing the barley commission, the assessment imposed by section 22-4015, Idaho Code, shall cease on the date the director of the department of agriculture announces the results of the referendum vote, and the commission shall prepare a plan for terminating all activities of the commission, effective as soon as possible, but not later than the close of the current fiscal year. If necessary, the director of the department of agriculture shall implement the provisions of the plan. The procedures necessary to initiate a referendum under the provisions of this subsection are as follows:

(a)  A referendum shall be held if the Idaho department of agriculture receives a petition requesting such referendum signed by ten percent (10%) or more of growers of barley in at least two (2) of the three (3) districts as outlined in section 22-4004, Idaho Code, as determined by the number of growers subject to the tax imposed by section 22-4015, Idaho Code, 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 barley commission.

(3)  (a)  Any referendum shall be conducted only among growers who paid a barley assessment during one (1) of the previous two (2) years, whether or not a refund of such assessment was requested or made.

(b)  Any referendum must be held and supervised by the Idaho department of agriculture.

(c)  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.

(d)  Notice of any referendum must be given by the commission in a manner determined by it. The ballots must be prepared by the commission and forwarded to eligible growers, who shall return them within twenty (20) days after mailing by the commission.

(e)  The commission shall pay the costs of any referendum.

History:

[22-4019, added 1988, ch. 194, sec. 1, p. 357.]