(1) Within ninety (90) days after the levy of the national beef promotion and research program established by the “Beef Promotion and Research Act of 1985” is finally adjudicated unconstitutional, the commissioner is authorized to call a referendum allowing producers to vote as to whether an assessment of One Dollar ($1.00) per head on all cattle sold in the state shall be levied for the purpose of promotion and development of the Mississippi cattle industry.

(a) A cattle producer who owned or produced cattle in the year immediately preceding the referendum shall be entitled to cast one (1) vote.

(b) The council shall bear all expenses incurred in conducting a referendum.

(c) If a majority of the producers voting in the referendum vote in favor of the assessment, then a sum of One Dollar ($1.00) per head shall be levied on all cattle sold in the state. This assessment shall be applicable to all sales made on or after a date specified by the commissioner but no later than ninety (90) days after certification of the results of the election.

(d) The assessment shall be a continuing levy until either terminated by the council or repealed by a majority vote in a subsequent referendum.

(2) Subsequent referendums:

(a) Upon petition by ten percent (10%) of the producers, the commissioner shall call for a subsequent referendum to allow producers to vote on the assessment.

(b) If a referendum fails to receive a majority of affirmative votes, then the commissioner shall be authorized to call another referendum in the next succeeding year. No such referendum shall be held within a period of twelve (12) months from the date on which the last referendum was held.

(3) If this program is terminated as a result of referendum vote or for any other reason, collections received prior to the last day of the program as designated by the commissioner, will be expended within ninety (90) days in the manner in which the program was operated.

(4) The commissioner, with the approval of the council, may promulgate rules and regulations, in accordance with the Mississippi Administrative Procedures Law, as may be necessary to carry out this chapter.