This text of Iowa § 179.13 (Referendum) is published on Counsel Stack Legal Research, covering Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
1.At a time designated by the commission within eighteen months after termination of
the national promotional order made pursuant to the Dairy Production Stabilization Act of
1983, 7U.S.C.§4501etseq., thecommissionshallconductareferendumunderadministrative
procedures prescribed by the department.
2.Upon signing a statement certifying to the department that the person is a bona
fide producer as defined in this chapter, each producer is entitled to one vote in each
referendum. When the secretary is required to determine the approval or disapproval of
producers under this section, the secretary shall consider the approval or disapproval of a
cooperative association of producers, engaged in a bona fide manner in marketing milk,
as the approval or disapproval of the producers who are members
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1. At a time designated by the commission within eighteen months after termination of
the national promotional order made pursuant to the Dairy Production Stabilization Act of
1983, 7U.S.C.§4501etseq., thecommissionshallconductareferendumunderadministrative
procedures prescribed by the department.
2. Upon signing a statement certifying to the department that the person is a bona
fide producer as defined in this chapter, each producer is entitled to one vote in each
referendum. When the secretary is required to determine the approval or disapproval of
producers under this section, the secretary shall consider the approval or disapproval of a
cooperative association of producers, engaged in a bona fide manner in marketing milk,
as the approval or disapproval of the producers who are members of or contract with the
cooperative association of producers. If a cooperative association elects to vote on behalf
of its members, the cooperative association shall provide each producer on whose behalf
the cooperative association is expressing approval or disapproval with a description of the
question presented in the referendum together with a statement of the manner in which
the cooperative association intends to cast its vote on behalf of the membership. The
information shall inform the producer of procedures to follow to cast an individual ballot
if the producer chooses to do so within the period of time established by the secretary for
casting ballots. The notification shall be made at least thirty days prior to the referendum
and shall include an official ballot. The ballots shall be tabulated by the secretary and the
vote of the cooperative association shall be adjusted to reflect the individual votes.
3. The department shall count and tabulate the ballots filed during the referendum within
thirty days of the close of the referendum. If from the tabulation the department determines
that a majority of the total number of producers voting in the referendum favors the proposal,
the excise tax provided for in this chapter shall be continued. The ballots cast pursuant to
this section constitute complete and conclusive evidence for use in determinations made by
the department under this chapter.
4. The secretary may conduct a referendum at any time after the Iowa dairy industry
commission is reactivated, and shall hold a referendum on request of a representative group
comprising ten percent or more of the number of producers eligible to vote, to determine
whether the producers favor the termination or suspension of the excise tax. The secretary
shall suspend or terminate collection of the excise tax within six months after the secretary
determines that suspension or termination of the excise tax is favored by a majority of the
producers voting in the referendum, and shall terminate the excise tax in an orderly manner
as soon as practicable after the determination.