2-20-805. Powers and duties — Assessments — Buyers' records.

2-20-805. Powers and duties — Assessments — Buyers' records. (a)(1) The Arkansas Corn and Grain Sorghum Promotion Board shall appoint three (3) corn or grain sorghum producers from each county who will be responsible for holding a referendum in the county. (2) The board will set the dates for the referendum and prescribe procedures to be followed in conducting the referendum. (3) Voting shall be in farm service agency offices under supervision of the three (3) producers appointed to hold the referendum. (4) Ballots will be furnished by the board. (5) The results shall be certified not more than three (3) days after election on forms furnished by the board by registered mail to the board. (6) The board shall be reimbursed from funds collected for costs of holding the referendum. (b)(1) There is imposed and levied an assessment at the rate of one cent (1¢) per bushel on all corn and grain sorghum grown within the state. (2) This assessment is to be deducted from the amount paid the producer at the first point of sale, whether within or without the state or at the point the corn or grain sorghum enters into the United States Department of Agriculture loan program. However, the assessment shall not be imposed unless and until: (A) The question of its imposition has been submitted to and approved by sixty percent (60%) of the corn and grain sorghum producers who vote in the referendum to be called and held within nine (9) months following July 1, 1997; and (B) A minimum of ten percent (10%) of the total corn and grain sorghum producers in this state as determined by latest available agricultural census data shall have voted. (3) The corn and grain sorghum producers shall be notified by the board of the results of the referendum. (4) The assessment imposed in this section shall be effective beginning July 1, 1998. (5) This assessment may be extended for an indefinite period of time or until twenty percent (20%) of the producers shall petition the board to hold a referendum on whether the program should be continued, then another referendum shall be called by the board in the manner set forth in this section. (6) In all such referenda, in order to be eligible to vote, the producer must have produced corn or grain sorghum in the crop year immediately preceding the referendum. (c)(1) The assessment imposed and levied by this section shall be collected by the Secretary of the Department of Finance and Administration from the buyer of corn or grain sorghum at the first point of sale or when the corn or grain sorghum enters the United States Department of Agriculture loan program. (2) The proceeds of the assessment, less not more than three percent (3%) to cover the cost of collections, shall be deposited with the Treasurer of State in a special fund to be established for the board to the credit of the board. Disbursement from the special fund shall be made only upon a motion duly passed by the board and presented to the Treasurer of State and only for a purpose prescribed in this subchapter. (d)(1) Every buyer shall keep a complete and accurate record of all corn and grain sorghum handled by him or her. (2) The records shall be in such form and contain other information as the board shall by rule prescribe. (3) The record shall be preserved for a period of one (1) year and shall be offered for inspection at any time upon written demand by the secretary or any duly authorized agent or representative of the secretary. (4) Every buyer, at such time or times as the secretary may require, shall submit reports or otherwise document any information deemed necessary for the efficient collection of the assessment imposed in this section. (5) The secretary shall have the power to cause any duly authorized agent or representative to enter upon the premises of any buyer of corn or grain sorghum and examine or cause to be examined by the agent any book, paper, and record which deal in any way with respect to the payment of the assessment or enforcement of the provisions of this subchapter.