2005 Idaho Code - 22-4019 — REFERENDUM FOR BARLEY GROWERS

                                  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.