In the event a referendum conducted as provided in this article is carried by the vote of a majority of the eligible producers participating therein and assessments in pursuance thereof are levied annually for three years as set forth in the call for the referendum, then the organization conducting the referendum shall, in its discretion, have full power and authority to call and conduct, during the third year of the period, another referendum in which the producers of such agricultural commodity shall vote upon the question of whether or not assessments shall be continued for the next ensuing three years. The certified organization shall have the full power and authority to hold subsequent referendums it deems necessary to alter or modify the terms of the existing assessment. Intermediary referendums shall comply with the terms and conditions of the original request. In the event the intermediary referendum fails to receive a favorable vote, the previously approved assessment shall remain in force and subsequent referendums shall be conducted as provided in this article. However, if the intermediary referendum receives an affirmative vote, no subsequent referendum may be conducted until the passage of one year.
Structure Code of Alabama
Chapter 8 - Promotion of Agricultural Industries and Products.
Article 4 - Nuts, Bulbs, Fruits and Vegetables.
Section 2-8-120 - Declaration of Policy.
Section 2-8-121 - Authorized Activities Not Illegal or in Restraint of Trade.
Section 2-8-122 - Referendum to Levy Assessment Declared to Be in Public Interest.
Section 2-8-123 - Application for Certification and Approval to Conduct Referendum - Generally.
Section 2-8-125 - Authority of Certified Organization to Conduct Referendum on Assessment.
Section 2-8-126 - Notice of Referendum; Maximum Assessment.
Section 2-8-127 - Conduct of Referendum; Payment of Expense.
Section 2-8-128 - Eligibility to Vote in Referendum; Question Before Voters.
Section 2-8-129 - Negative Vote in Referendum.
Section 2-8-130 - Affirmative Vote in Referendum.
Section 2-8-132 - Ballots and Poll Holders for Referendum; Canvass of Results.
Section 2-8-133 - Collection of Assessment; Disposition.
Section 2-8-134 - Subsequent Referendum After Negative Vote.
Section 2-8-135 - Subsequent Referendum After Affirmative Vote.
Section 2-8-136 - Refund of Assessment.
Section 2-8-137 - Annual Statements by Treasurer of Organization; Bond of Treasurer.