§ 2-35-304 - Levy of assessment on cattle.
               	 		
2-35-304.    Levy of assessment on cattle.
    (a)    (1)  Within  ninety (90) days after February 14, 1983, the Arkansas Beef Council  shall cause an election to be held on the question of the levy of an  assessment of twenty-five cents (25cent(s)) per head on all cattle sold  in the state.
      (2)  The election  shall be held at the offices of the county Agricultural Stabilization  and Conservation Services in each county in the state.
      (3)  The  council shall set the date for conducting the election in each county,  shall furnish ballots for the election, and shall prescribe voting  procedures for the election.
      (4)  Each  cattle owner or producer who owned or produced cattle in the year  immediately preceding the election may vote in the election.
(b)    (1)  If  a majority of the cattle owners and producers in the state voting at  the election vote for the levy of an assessment of twenty-five cents  (25cent(s)) per head on cattle sold in the state, the assessment shall  be applicable to all sales made on and after a date specified by the  council. The date shall not be later than ninety (90) days after  certification of the results of the election.
      (2)  The  assessment shall be a continuing levy until either terminated by the  council or until another election is held at which a majority of the  cattle owners and producers in the state vote against the levy.
(c)    (1)  When  petitions containing the signatures of twenty percent (20%) of the  cattle owners and producers in the state, as determined by the latest  available agricultural census, are filed with the council requesting  that the question of continuing the per-head assessment be submitted to a  vote of the cattle owners and producers, the council shall cause an  election to be held within ninety (90) days after the filing of the  petitions.
      (2)  The election shall be conducted in the same manner as the initial election held on the question of the levy of the assessment.
      (3)  If  a majority of the owners and producers voting at the election vote  against the levy of the assessment, the assessment shall not be levied  unless and until the levy is thereafter approved at an election called  by the council.
(d)  If the federal  Beef Promotion and Research Act of 1985 and the administrative orders  and rules adopted under it are discontinued for any reason, the  assessment of twenty-five cents (25cent(s)) per head of cattle sold in  this state shall be reactivated the same as if the national program had  never existed, and there is levied without any election an additional  assessment of seventy-five cents (75cent(s)) per head of cattle sold in  this state to be collected as provided in    2-35-305 and disposed of as  provided in    2-35-308.
(e)    (1)  Within  ninety (90) days after beginning the collection of the  seventy-five-cent assessment, the council shall cause an election to be  held on the question of the levy of an assessment of seventy-five cents  (75cent(s)) per head on all cattle sold in the state.
      (2)  The election shall be held in the manner prescribed in subsections (a)-(c) of this section.
(f)    (1)  If  a majority of the cattle owners and producers in the state voting at  the election vote for the levy of the additional seventy-five cents  (75cent(s)) per head on cattle sold in the state, the assessment shall  continue until either terminated by the council or until another  election is held at which a majority of the cattle owners and producers  in the state vote against the levy.
      (2)  If  a majority of the cattle owners and producers in the state voting at  the election vote against the levy of the additional seventy-five cents  (75cent(s)) per head on cattle sold in the state, the assessment shall  be discontinued and shall not be levied again unless and until the levy  is thereafter approved at an election called by the council.