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2-16-616. Subsequent referenda.
Arkansas Code — all titles (historical 2020) · legal_authorities
2-16-616. Subsequent referenda.
(a) In the event any referendum conducted under this subchapter fails to receive the required number of affirmative votes, the certified organization may call other referenda, with the consent of the State Plant Board.
(b)(1) After the passage of any referendum, the eligible voters shall be allowed by subsequent referenda to be held upon recommendation of the certified cotton growers' organization to vote on whether to eliminate or modify the program.
(2) Upon petition by one-third (1/3) of the cotton growers within a designated region established under § 2-16-614, the certified cotton growers' organization shall be required to conduct a subsequent referendum on whether to eliminate or modify the program, provided that the certified cotton growers' organization is required to hold no more than one (1) petitioned referendum for each designated region during any given calendar year.
(3) Passage of the question called in the subsequent referendum requires that a two-thirds (2/3) majority of those voting approve the subsequent referendum.
(4) All the requirements for an initial referendum must be met in subsequent referenda.
(c) If an approved eradication program is discontinued for any reason, or the certified cotton growers' organization is abolished or loses its certification for any reason, assessments approved, levied, or otherwise collectible under this subchapter on the date of the event remain valid as necessary to pay the financial obligations of the certified cotton growers' organization.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 2-16-616
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:2-16-616
Source file: gov.ar.code.title.02.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 8016ef5846060f39b185f3bc86ecc0ee4a7483699a288819447d2f5cbb1b3fb6
Source location: content.xml paragraph 3683
Stored source content
2-16-616. Subsequent referenda.
(a) In the event any referendum conducted under this subchapter fails to receive the required number of affirmative votes, the certified organization may call other referenda, with the consent of the State Plant Board.
(b)(1) After the passage of any referendum, the eligible voters shall be allowed by subsequent referenda to be held upon recommendation of the certified cotton growers' organization to vote on whether to eliminate or modify the program.
(2) Upon petition by one-third (1/3) of the cotton growers within a designated region established under § 2-16-614, the certified cotton growers' organization shall be required to conduct a subsequent referendum on whether to eliminate or modify the program, provided that the certified cotton growers' organization is required to hold no more than one (1) petitioned referendum for each designated region during any given calendar year.
(3) Passage of the question called in the subsequent referendum requires that a two-thirds (2/3) majority of those voting approve the subsequent referendum.
(4) All the requirements for an initial referendum must be met in subsequent referenda.
(c) If an approved eradication program is discontinued for any reason, or the certified cotton growers' organization is abolished or loses its certification for any reason, assessments approved, levied, or otherwise collectible under this subchapter on the date of the event remain valid as necessary to pay the financial obligations of the certified cotton growers' organization.
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Arkansas Code — all titles (historical 2020) · legal_authorities
2-16-614. Referendum — Assessments.
(a)(1) At the request of the certified cotton growers' organization, the State Plant Board shall authorize a referendum among cotton growers in a designated region on the question of whether an assessment shall be levied upon cotton growers in that region to offset, in whole or in part, the cost of boll weevil suppression, preeradication, eradication, or maintenance programs authorized by this subchapter or any other law of this state.
(2) The program shall be designed on a regional basis to reflect the differences in boll weevil infestation and the relative costs of financing boll weevil suppression and eradication programs in the respective regions.
(b)(1) The assessment levied under this subchapter shall be based upon the number of acres of cotton planted in the eradication area.
(2) The amount of the assessment, the period of time for which it shall be levied, how it shall be levied, when it shall be paid, and the geographical area to be covered by the assessment shall be determined by the board and established by rules under this section.
(3) The annual assessment shall not exceed fifty dollars ($50.00) per acre.
(c)(1) All affected cotton growers shall be entitled to vote in any such referendum; provided, however, that the affected cotton growers produced a cotton crop for harvest, or had an interest therein, in the designated region conducting the referendum in the crop year immediately preceding the year in which the referendum is conducted.
(2) A cotton grower may vote through a power of attorney evidenced in writing, including, but not limited to, a power of attorney recognized by the United States Farm Service Agency or its successor. The board or its cooperators shall determine any questions of eligibility to
Source: Arkansas Code — historical release 78 (November 6, 2020) · 2-16-614
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 2-16-614. This identifies an authority to review, not proof of applicability.