Okla. Stat. tit. 2, § 2-5-63.17

Petition to discontinue assessment - Proposition to continue

assessment.

A. The nonprofit commodity organization who originally

submitted the petition for a referendum may submit to the voters a

proposition to increase the maximum rate of the state assessment.

The proposition is approved, and the new maximum rate is in effect

if the referendum proposition is adopted as outlined in Section 11

of this act.

B. 1. Consistent with the referendum process as outlined by

the federally approved commodity board, producers may petition for a

referendum to discontinue the state assessment. In the event that

the federally approved commodity board does not have an established

process, if ten percent (10%) or more of the producers participating

in the program present to the federally approved commodity board a

Oklahoma Statutes - Title 2. Agriculture Page 214

petition calling for a referendum of the qualified voters on the

proposition of discontinuing the state assessment, the nonprofit

commodity organization who originally submitted the petition for the

referendum shall conduct a referendum for that purpose. An election

on a proposition of discontinuing the state assessment shall be held

no more than once per year.

2. The nonprofit commodity organization shall give notice of

the referendum, the referendum shall be conducted, and the results

shall be declared in the manner provided by law for the original

referendum.

3. The nonprofit commodity organization shall conduct the

referendum within ninety (90) days of the date of filing of the

petition.

4. The adoption of the referendum proposition will be subject

to the referendum process outlined by the federally approved

commodity board. In the event that the federally approved commodity

board does not have an outlined referendum process, the referendum

proposition shall be approved if:

a. two-thirds (2/3) or more of those voting in the

election voted in favor of the referendum proposition,

or

b. more than one-half (1/2) of those voting in the

election voted in favor of the referendum proposition

and those voting in favor of the proposition produced

at least fifty percent (50%) of the volume of the

production of the commodity during the relevant

production period.

5. If the proposition is approved, the state assessment is

abolished.

C. If the federally approved commodity board's federal

assessment is increased, the state-approved assessment shall

automatically discontinue upon the date the federally approved

commodity board's new federal assessment becomes effective, unless

within one (1) month of the announcement of the increase, the

nonprofit commodity organization that originally submitted the

petition for a referendum may initiate a referendum to be conducted

within six (6) months of the announcement to determine if the state-

approved assessment shall be continued. The proposition referendum

to continue the state assessment will be adopted as outlined in

Section 11 of this act.