38-34-20. Referendum on raising or reducing assessment. If fifteen percent of the participating growers, as disclosed by the records of the council for the preceding year, petition the council, the council shall conduct a referendum among the participating growers of the state to determine whether they wish the Legislature to raise or reduce the assessment imposed by this chapter. The referendum may be conducted only among participating growers who have paid all assessments pursuant to this chapter for the preceding year, and the ballots shall be prepared by the council and mailed to each participating grower at least thirty days before the last date for filing ballots. In addition, each ballot shall be accompanied by a notice to each participating grower:

(1) Of the date of the filing of the petition by the growers for the referendum and the number of signatures contained on the petition;

(2) Of the date and place where the council will open and tabulate the ballots. The date may be not less than five days after the last date for filing the ballots;

(3) Of the last date upon which ballots may be filed with the council, or postmarked if delivered to the council by mail; and

(4) That any participating grower may attend the meeting of the council at the time the ballots are opened and the votes tabulated.

If a majority of the participating growers voting upon the question are in favor of the proposed change, the council shall certify the result to the secretary with the request that the secretary prepare a bill to submit to the next legislative session to modify this chapter accordingly. The results of the referendum are advisory only, and the Legislature is not obligated to adopt legislation enacting the proposals contained in the referendum.

Source: SL 2005, ch 214, § 20.