2005 Idaho Code - 25-2510 — REFERENDUM FOR HORSE OWNERS

                                  TITLE  25
                                   ANIMALS
                                  CHAPTER 25
                              IDAHO HORSE BOARD
    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.