Title 4.1, Agriculture

All costs of holding county and district elections are the responsibility of the council.

A majority of the council's voting members constitutes a quorum for the transaction of business.

1. Annually, the council shall elect one member to serve as the chairman. 2. The chairman shall call all meetings of the council and shall call a special meeting of the council within seven days when petitioned to do so by three council members.

Each member of the council is entitled to receive compensation in the amount established by the council, but not exceeding one hundred thirty-five dollars per day plus reimbursement for expenses as provided by law for state officers if the member is attending meetings or performi…

1. The council may: a. Expend moneys collected pursuant to this chapter for its administration; b. Employ, bond, and compensate necessary personnel; c. Accept gifts, grants, and donations of money, property, and services, to carry out this chapter; d. Contract with any person for…

1. The council shall determine the uses for which any moneys raised under this chapter may be expended. The uses may include the funding of research, education programs, and market development efforts, as well as participation in programs under the auspices of other state, region…

1. Before a designated handler may sell, process, or ship dry beans, the designated handler shall obtain a certificate from the council. 2. The certificate is available upon submission to the council of an application containing the name under which the designated handler is tran…

1. An assessment at the rate of ten cents per hundredweight [45.36 kilograms] must be imposed upon all dry beans grown in this state, delivered into this state, or sold to a designated handler. 2. The assessment imposed by this section does not apply to dry bean seeds nor to dry …

1. The designated handler shall collect the assessment from the seller by deducting the assessment from the total price of the dry beans being purchased by the designated handler. 2. Each designated handler shall keep documents regarding all purchases, sales, and shipments of raw…

1. Each designated handler shall forward to the council all assessments collected by the handler no later than the thirtieth day after the end of each calendar quarter. 2. If a designated handler fails to submit the assessments as required by this section, the council may impose …

1. To receive a refund of any assessment paid in accordance with this chapter, a producer shall submit to the council a written request for a refund application within sixty days after the date of the assessment or final settlement. 2. The producer shall complete the refund appli…

Notwithstanding section 4.1-06-15, if a producer documents to the council that the producer has paid the assessment more than once on the same dry beans, the council shall reimburse the producer for the double payment.

The council shall approve all expenditures made pursuant to this chapter and shall submit an itemized voucher to the office of management and budget for payment.

The council shall forward all moneys received under this chapter to the state treasurer for deposit in the dry bean fund. All moneys in the dry bean fund are appropriated on a continuing basis to the council to be used to carry out this chapter.

1. a. When petitioned to do so by fifteen percent of the participating producers, the council shall conduct a referendum among the participating producers of the state to determine the amount by which the assessment imposed by this chapter should be raised or lowered. b. To be co…

Any person willfully violating this chapter is guilty of a class B misdemeanor.