A. At any biennial election of the commodity producers board, the board may submit to the voters a proposition to increase the maximum rate of assessment. The proposition is approved and the new maximum rate is in effect if:
- 1. Two-thirds or more of those voting in the election voted in favor of the referendum proposition; or
- 2. More than one-half of those voting in the election voted in favor of the referendum proposition, and those voting in favor of the proposition produced at least fifty percent (50%) of the volume of the production of the commodity during the relevant production period.
The referendum proposition will be adopted upon a finding that:
B.
- 1. If twenty percent (20%) or more of the producers participating in the program present to the secretary-treasurer a petition calling for a referendum of the qualified voters on the proposition of discontinuing the assessment, the board shall conduct a referendum for that purpose. An election on a proposition of discontinuing the assessment shall be held no more than once per year.
- 2. The board shall give notice of the referendum, the referendum shall be conducted, and the results shall be declared in the manner provided by law for the original referendum and election, with any necessary exceptions provided by rule promulgated pursuant to the Oklahoma Agricultural Commodity Referendum Act.
- 3. The board shall conduct the referendum within ninety (90) days of the date of filing of the petition.
4. The proposition shall be approved if:
- a. two-thirds or more of those voting in the election voted in favor of the referendum proposition, or
- b. more than one-half of those voting in the election voted in favor of the referendum proposition, and those voting in favor of the proposition produced at least fifty percent (50%) of the volume of the production of the commodity during the relevant production period.
- C. If the proposition is approved, the assessment is abolished.
Laws 1999, SB 420, c. 123, § 22, emerg. eff. July 1, 1999.