PORK PROMOTION ASSESSMENT ACT
25-3404. Referendum. (1) The association may conduct among pork producers a referendum upon the question of whether an assessment shall be levied on porcine animals sold in this state.
(2) The association shall determine:
(a) The amount of the proposed assessment.
(b) The time and place of the referendum.
(c) Procedures for conducting the referendum and counting of votes.
(d) Any other matters pertaining to the referendum.
(3) The amount of the proposed assessment shall be stated on the referendum ballot. The amount shall not exceed thirty cents (30¢) for each porcine animal marketed in this state. If the assessment is approved in the referendum, the association may set the assessment at an amount equal to or less than the amount stated on the ballot. If the association sets a lower amount than the amount approved by referendum, it may increase the amount annually without a referendum by no more than two cents (2¢) for each porcine animal. The increased rate may not exceed the amount approved by referendum and may not exceed the maximum allowable rate of thirty cents (30¢) for each porcine animal.
(4) Each producer, whether an individual, a partnership, a corporation, a firm, an agency or other business unit, shall have one (1) vote at such referendum. Any dispute over eligibility to vote or any other matter relating to the referendum shall be determined by the association. The association shall make reasonable efforts to provide pork producers with notice of the referendum and an opportunity to vote.
(5) The association shall be reimbursed for the costs of the referendum by moneys derived from the assessment.
[25-3404, added 1992, ch. 260, sec. 1, p. 753.]