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2005 SESSION
Be it enacted by the General Assembly of Virginia:
1. That §§ 3.1-1089, 3.1-1090, and 3.1-1091 of the Code of Virginia are amended and reenacted as follows:
§ 3.1-1089. Subsequent referenda.
If the Governor issues a proclamation pursuant to § 3.1-1088
and the Cotton Board is established, then no other referendum shall be held
except that the Agriculture Board, upon petition by at least ten 10 percent
of the producers in the Commonwealth, shall provide for either a
referendum on the continuation of the Cotton Board and or a
referendum on authorizing the Cotton Board to increase the assessment on
cotton by a maximum of $0.15 per bale. The Agriculture Board shall not
act on any such petition until at least five years have passed since the
establishment of the Cotton Board, unless the number of petitioners exceeds
fifty-five percent of the producers in the Commonwealth. Any referendum
held under this section shall be conducted in accordance with §§ 3.1-1084
through 3.1-1087.
§ 3.1-1090. Subsequent referendum results; action of Governor.
If the Governor finds any separate referendum held
pursuant to § 3.1-1089 in order, that at least fifty 50 percent
of those who have met the requirements of § 3.1-1086 have voted, and
that a majority of those voting are in opposition to the continuation of the
Cotton Board and or in opposition to allowing the Cotton Board to
increase the assessment on cotton, then the Governor shall so
proclaim and upon such proclamation either the Cotton Board will be
discontinued or the assessment on cotton will not be increased. If the
Governor finds that one-half or more of those voting are in favor of the
continuation of the Cotton Board and or are in favor of allowing the
Cotton Board to increase the assessment on cotton, then the Governor
shall not so proclaim, and either the Cotton Board shall continue or
the Cotton Board shall be authorized to increase the assessment on cotton by a
maximum of $0.15 per bale. The cost of conducting a referendum under this
section shall be from funds paid into the Virginia Cotton Fund as established
in § 3.1-1101.
§ 3.1-1091. Questions to be printed on ballots.
A. The question to be printed on the ballots used in the
referendum held under this chapter, except the referendum authorized in §
3.1-1089, shall be:
Do you favor additional research concerning, education on,
and promotion of the growth and use of cotton; the creation of a Virginia
Cotton Board; and the levy of an assessment of eighty-five cents per bale of
cotton sold in the Commonwealth to support additional research concerning,
education on, and promotion of the growth and use of cotton?
B. The question to be printed on the ballots used in any
a referendum authorized in § 3.1-1089 on the continuation of the
Cotton Board shall be:
Do you favor the continuation of the Virginia Cotton Board and
the continuation of the levy of an assessment of eighty-five cents per bale of
cotton produced in the Commonwealth for the purpose of research concerning,
education on, and promotion of the growth and use of cotton?
B. The question to be printed on the ballots used in a referendum authorized in § 3.1-1089 on allowing the Cotton Board to increase the assessment on cotton by a maximum of $0.15 per bale of cotton shall be:
Do you favor authorizing the Cotton Board to increase the assessment on cotton by a maximum of $0.15 per bale of cotton ginned in the Commonwealth to support research, education, and promotion of the growth and use of cotton?