Iowa Code 185C.25 – Effective period of promotional order — termination
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1. A state assessment adopted upon the initiation of a promotional order shall be collected during the effective period of the order, and shall have no effect upon termination of the promotional order. Upon adoption or extension of the promotional order, the order shall be effective for the period described in section 185C.15 unless the order is terminated as provided in this section or suspended as provided in section 185C.25A.
Terms Used In Iowa Code 185C.25
- Assessment: means a state or federal assessment. See Iowa Code 185C.1
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- Promotional order: means an order pursuant to this chapter which provides for the administration of this chapter and provides for a state assessment necessary to provide for its administration. See Iowa Code 185C.1
- Secretary: means the secretary of agriculture. See Iowa Code 185C.1
- state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
- State assessment: means a state excise tax on each bushel of corn marketed in this state which is imposed as part of a promotional order to administer this chapter. See Iowa Code 185C.1
- United States: includes all the states. See Iowa Code 4.1
2. The secretary shall call a referendum to terminate the promotional order if all the following conditions are met:
a. The secretary receives a petition signed by at least five percent of the state’s producers reported in the most recent United States census of agriculture.
b. The petition is signed by at least five percent of the state’s producers residing in each of five districts according to the most recent United States census of agriculture.
c. The secretary receives the petition not less than one hundred fifty days from the date that the order is due to expire, but receives the petition not more than two hundred forty days before the date that the order is due to expire.
3. The secretary shall conduct the election as provided for a referendum under this chapter, including sections 185C.16 through 185C.20. If upon counting and tabulating the ballots, the secretary determines that a majority of voting producers favor termination of the state assessment, the secretary, in cooperation with the board, shall terminate the state assessment in an orderly manner as soon as practicable.
4. If the assessment is terminated, another referendum shall not be held for at least one hundred eighty days from the date that the assessment is terminated. A succeeding referendum to restore the assessment shall be called by the secretary upon petition of at least five hundred producers requesting a referendum. The petitioners shall guarantee the costs of the succeeding referendum. The secretary shall conduct the election as provided for a referendum under this chapter not later than one hundred fifty days after the secretary receives the petition. If a referendum held pursuant to this subsection is approved by producers, the promotional order shall commence no later than two hundred ten days following the date that the petition is received by the secretary.