§ 2-8-135 — Subsequent Referendum After Affirmative Vote

In the event a referendum conducted as provided in this article is carried by the vote of a majority of the eligible producers participating therein and assessments in pursuance thereof are levied annually for five years as set forth in the call for the referendum, then the organization conducting the referendum may call and conduct, during the fifth year of the period, another referendum in which the producers of such agricultural commodity shall vote upon the question of whether or not assessments shall be continued for the next ensuing five years. The certified organization may hold subsequent referendums it deems necessary to alter or modify the terms of the existing assessment. Intermediary referendums shall comply with the terms and conditions of the original request. In the event the intermediary referendum fails to receive a favorable vote, the previously approved assessment shall remain in force, and subsequent referendums shall be conducted as provided in this article. However, if the intermediary referendum receives an affirmative vote, no subsequent referendum may be conducted until the passage of one year.

Legislative History

(Acts 1957, No. 108, p. 142, §16; Acts 1987, No. 87-595, p. 1034, §1; Act 2002-406, p. 1023, §1; Act 2023-54, §1.)