(1) Participation by producers in the Grain Indemnity Trust Fund is voluntary, pursuant to subsection (2) of this section.
(2) During any calendar year in which assessments are collected under this chapter, a producer who does not desire to pay the assessment set forth at Section 75-46-9 must notify the department in writing by March 1 of such year. Such written notice must be submitted on an official form provided by the department. Within thirty (30) days of receipt of the form, the department must send to the producer and the board an executed copy of the form or other official acknowledgement that the producer has opted out of the payment of the assessment. The department shall also enter as soon as practicable the producer’s name into a publicly available live registry made available through the department website. The effective opt-out date shall be the date upon which the department sends to the producer an executed copy of the form or other official acknowledgement that the producer has opted out of the payment of the assessment, or March 1 of such year if said executed form or other official acknowledgment is sent after March 1 of such year.
(3) Subject to subsections (5) and (8) of this section, a producer, who pursuant to subsection (2) of this section, opts out of the payment of the assessment shall not be eligible to be a claimant or otherwise be eligible to receive any past or future payment or benefit from the Grain Indemnity Trust Fund beginning January 1 of the calendar year in which the producer opted out of the payment of the assessment. A producer who opts out of payment of the assessment, pursuant to subsection (2) of this section, shall remain permanently ineligible to be a claimant until that producer has fully satisfied the requirements of subsection (5) of this section.
(4) A producer who, pursuant to subsection (2) of this section, opts out of payment of the assessment must notify any first purchaser licensee of the election to opt out of the payment of the assessment. Subject to Section 75-46-29, the first purchaser licensee may require the producer to provide a copy of the executed copy of the form or other official acknowledgement referenced in subsection (1) of this section.
(5) A producer who has, pursuant to subsection (2) of this section, opted out of payment of the assessment, may begin paying assessments only upon the satisfaction of the following requirements:(a) The producer petitions the board for approval of reentry into the grain indemnity program by hand delivering or sending by certified mail, return receipt requested, a written request to begin paying assessments in a form required by the board;(b) The board reviews the producer’s petition for reentry and, subject to satisfying the requirement of paragraph (c) of this subsection, approves the petition;(c) The producer pays into the fund:(i) The year-over-year amount that would have been paid in since January 1 of the year in which the producer requested to opt out pursuant to subsection (b) of this section; and(ii) Interest on the year-over-year amount, as determined by the board.
(a) The producer petitions the board for approval of reentry into the grain indemnity program by hand delivering or sending by certified mail, return receipt requested, a written request to begin paying assessments in a form required by the board;
(b) The board reviews the producer’s petition for reentry and, subject to satisfying the requirement of paragraph (c) of this subsection, approves the petition;
(c) The producer pays into the fund:(i) The year-over-year amount that would have been paid in since January 1 of the year in which the producer requested to opt out pursuant to subsection (b) of this section; and(ii) Interest on the year-over-year amount, as determined by the board.
(i) The year-over-year amount that would have been paid in since January 1 of the year in which the producer requested to opt out pursuant to subsection (b) of this section; and
(ii) Interest on the year-over-year amount, as determined by the board.
(6) A producer who satisfies the requirements of subsection (5) of this section is eligible to be a claimant beginning ninety (90) days after the board approves the petition for reentry.
(7) If an assessment is collected by a first purchaser licensee from a producer during the same calendar year the producer opted out of payment of the assessment pursuant to subsection (2) of this section, the producer may obtain a refund of the amount paid in the manner and on a form established by the board.
(8) In the event the payment and collection of assessments is suspended, pursuant to Section 75-46-13, but before the payment of assessments is reinstituted by the board:(a) A new producer who has experienced a contract loss or a storage loss may elect to be a claimant but in so doing shall not be eligible to opt out of paying the assessment for five (5) calendar years following January 1 of the year in which the payment and collection of assessments is reinstituted by the board; and(b) A producer who, pursuant to subsection (5) of this section, reentered the payment of assessments shall not be eligible to opt out of paying the assessment for five (5) calendar years following January 1 of the year in which the payment and collection of assessments is reinstituted by the board.
(a) A new producer who has experienced a contract loss or a storage loss may elect to be a claimant but in so doing shall not be eligible to opt out of paying the assessment for five (5) calendar years following January 1 of the year in which the payment and collection of assessments is reinstituted by the board; and
(b) A producer who, pursuant to subsection (5) of this section, reentered the payment of assessments shall not be eligible to opt out of paying the assessment for five (5) calendar years following January 1 of the year in which the payment and collection of assessments is reinstituted by the board.
(9) A producer who, pursuant to subsection (2) of this section, opts out of the payment of the assessment in a calendar year is eligible to be a claimant for a contract loss or a storage loss that occurred in relation to grain delivered during the prior calendar year, if the producer paid the assessments in the prior calendar year, so long as the producer has a binding legal agreement with the first purchaser licensee to receive full payment for said grain from the first purchaser licensee before March 1 of the calendar year in which the producer opted out of the payment of the assessment.