Title 38 — AGRICULTURE AND HORTICULTURE

It is hereby declared to be the public policy of the State of South Dakota to protect and foster the health, prosperity, and general welfare of its people by protecting and stabilizing the wheat industry and the economy of the areas producing wheat. The wheat commission establish…

The wheat commission shall elect a chairman, vice - chairman, secretary, and treasurer from among its members. The commission shall meet at least once every three months and at such other times as called by the chairman or by any two members of the commission. Source: SL 1961, ch…

The wheat commission may appoint a full-time executive director to carry out the provisions of this chapter. The executive director shall receive compensation as determined by the commission subject to §

In the administration of this chapter, the wheat commission may: (1) Expend the funds collected pursuant to this chapter; (2) Appoint, discharge, fix compensation for and prescribe the duties of such personnel as it may deem necessary subject to Bureau of Human Resources and Admi…

In connection with and in furtherance of the policy and purpose declared in § 38-10-1 , the wheat commission shall have the power to formulate the general policies and programs of the State of South Dakota respecting the discovery, promotion, and development of markets and indust…

In connection with and in furtherance of the policy and purpose declared in § 38-10-1 , the wheat commission may conduct, in addition to the things enumerated, any other program for the utilization, research, and market development of wheat grown in the State of South Dakota. Sou…

The wheat commission shall not be authorized to set up research or development units or agencies of its own, but shall limit its activity to cooperation and contracts with proper local, state, or national organizations, public or private, in carrying out the purposes of this chap…

In connection with and in furtherance of the policy and purpose declared in § 38-10-1 , the wheat commission shall have the power to adopt and devise a program of education and publicity. Source: SL 1961, ch 11 , § 9 (2).

In connection with and in furtherance of the policy and purpose declared in § 38-10-1 , the wheat commission may cooperate with local, state, or national organizations, whether public or private, in carrying out the purposes of this chapter, and may enter into such contracts as m…

Terms used in this chapter mean: (1) "Commercial channels," the sale of wheat for any use, when sold to any commercial buyer, dealer, processor, cooperative, or to any person, public or private, who resells any wheat or product produced from wheat; (2) "Commission" or "wheat comm…

In connection with and in furtherance of the policy and purpose declared in § 38-10-1 , the wheat commission may promulgate rules pursuant to chapter 1-26 concerning: (1) The procedures for obtaining a declaratory ruling; (2) The procedures for fee collection for wheat sold eithe…

All records of the wheat commission shall be kept at least three years. Source: SL 1961, ch 11 , § 16 (3).

There is hereby assessed a promotional fee of four-tenths of one percent of the value of the net market price per bushel upon all wheat sold through commercial channels in the State of South Dakota. The fee shall be assessed and imposed on the grower at the time of sale or delive…

The fee, herein levied and imposed by the provisions of § 38-10-22 , shall not apply to the sale of wheat to the federal government for ultimate use or consumption by the people of the United States, where the State of South Dakota is prohibited from imposing such fee by the Cons…

The fee established pursuant to § 38-10-22 , shall be deducted, as provided by this chapter, whether such wheat is stored or sold in this or any other state. However, if agreements have not been made with dealers outside of the state for collecting the fee, the grower shall remit…

The purchaser, at the time of settlement of the purchase, shall make and deliver a proof of purchase to the grower. This proof of purchase document may be a settlement sheet, a check stub, or other legible document showing: (1) The name of the grower and seller; (2) The name and …

The proof of purchase documents, referred to in § 38-10-25 , shall be legibly written and have no corrections or erasures on the face thereof. Any person who alters any part of any proof of purchase documents in an attempt to defraud the wheat commission is guilty of a Class 2 mi…

The purchaser shall render and have on file a report with the commission by the thirtieth day following the end of each calendar quarter. The report shall be on forms provided by the commission and shall display the number of bushels of wheat purchased in the preceding quarter an…

In the case of a pledge or mortgage of wheat as security for a loan under the federal price support program, the fee assessed by § 38-10-22 shall be deducted from the proceeds of such loans at the time the loans are made, or be deducted thereafter by agencies of the federal gover…

Forms supplemental or alternate to those approved in § 38-10-28 which may be proposed by the Commodity Credit Corporation and contain the necessary information may be used without revision of this chapter. Source: SL 1961, ch 11 , § 12 (2).

There is hereby established a wheat commission for the utilization, research, and market development of wheat grown in South Dakota. The commission shall be composed of five members who shall be participating growers. The members of the commission shall be appointed by the Govern…

The Wheat Utilization, Research and Market Development Commission shall have the quasi - judicial, quasi - legislative, advisory, other administrative and special budgetary functions (as defined in § 1-32-1 ) vested in it. Source: SL 1973, ch 2 , § 134; SL 1993, ch 302 , § 3.

The Commodity Credit Corporation's use of identification numbers in lieu of the name of the grower from whom the fee was collected is hereby approved, such approval being in consideration of assurance received from the Commodity Credit Corporation that authorized officials of the…

If such wheat, described in § 38-10-28 , remains in farm storage for the duration of such pledge or mortgage, the promotional fee so paid at the time the loan was made shall be deemed a complete satisfaction of the promotional fee liability unless upon subsequent actual delivery …

In connection with the collection of the wheat promotional fee on Commodity Credit Corporation wheat loans disbursed and purchase agreement settlement made, undercollections or overcollections of the wheat promotional fee amounting to one dollar or less as a result of errors, wil…

If any person, business or entity, public or private, subject to the fee under § 38-10-22 , fails to make a report and remittance when and as required in this chapter, the executive director of the wheat commission shall determine the amount of such fee according to his best judg…

Any person, firm, or corporation subject to the fee provided in this chapter that objects to the collection of the fee may, within sixty days following the collection, apply to the wheat commission for a refund of the fee. Upon the return of the refund application, accompanied by…

All moneys received on behalf of the wheat commission from the fees assessed in § 38-10-22 , shall be deposited in a special revenue fund created in the state treasury and shall be continuously appropriated to the commission. Expenditures of these funds shall be disbursed solely …

Any person violating any of the provisions of this chapter is guilty of a Class 2 misdemeanor. Source: SL 1961, ch 11 , § 20; SL 1977, ch 190 , § 303.

This chapter may be cited as the South Dakota Wheat Resources Act. Source: SL 1961, ch 11 , § 1.

The commission shall annually submit a financial report and informational budget to the secretary of agriculture and natural resources in accordance with §

The wheat commission shall be composed of five members who: (1) Are landowning residents of South Dakota; (2) Are at least twenty - five years of age and residents of South Dakota; (3) Have been actually engaged in growing wheat in this state for a period of at least five years; …

No liability may be imposed upon the State of South Dakota for any acts, or omissions of the commission pursuant to this chapter. Source: SL 1993, ch 302 , § 18.

The commission may contract with the Public Utilities Commission to inspect the records of licensed grain buyers to determine compliance with the assessment and checkoff requirements of this chapter. The contract shall cover the grain buyers to be inspected and the amount the com…

With the exception of the ex officio members, the Governor shall appoint a commission to be known as the South Dakota Wheat Utilization, Research and Market Development Commission. The commission may appoint, advise, direct, and supervise an executive director of the Wheat Utiliz…

Two of the five members of the wheat commission referred to in §§ 38-10-4 and 38-10-5 shall be residents of and having farming operations in that area of the State of South Dakota west of the Missouri River; two of the members shall be residents of and having farming operations i…

As the terms of office of appointees to the wheat commission expire, their successors shall be appointed by the Governor for a term of three years. Each member shall hold office until their successors are appointed and qualified. A member appointed to fill a vacancy occurring bef…

A member of the wheat commission shall be removable by the Governor for cause. In addition to all other causes, that a member ceases to be a resident of the state, live in the district from which he was appointed, or be actually engaged in growing wheat in the state shall be deem…

Ex officio members of the wheat commission shall be the South Dakota secretary of agriculture and natural resources, the dean of agriculture of the South Dakota State University, and the president of the South Dakota Crop Improvement Association, such ex officio members not havin…