Title 38 — AGRICULTURE AND HORTICULTURE
43 chapters · 782 sections in this title.
SDCL § 38-34-1 Definitions
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Terms used in this chapter mean: (1) "Council," the South Dakota Pulse Crop Council; (2) "First purchaser," any person, firm, corporation, association, partnership, agent, or broker buying, accepting for sale, or otherwise acquiring pulse crops after harvest from a grower. A grow…
SDCL § 38-34-10 Assessment on pulse crop--Rate--Reciprocal agreements
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An assessment at the rate of one percent of the net market price is levied and imposed on any pulse crop grown or sold in South Dakota to a first purchaser. The council may enter into reciprocal agreements with other states that also have a pulse checkoff to remit the assessment …
SDCL § 38-34-11 Collection and remission of assessment
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Each first purchaser of pulse crops shall collect the assessment imposed by this chapter by charging and collecting from the seller the assessment at the prescribed rate by deducting the assessment from the purchase price of the crops subject to the assessment and purchased by th…
SDCL § 38-34-12 First purchaser of pulse crops--Information required on application or affidavit
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Each first purchaser of pulse crops shall file an application or affidavit with the council on forms prescribed and furnished by the council which contain the name under which the first purchaser is transacting business within the state, the place of business, and the location of…
SDCL § 38-34-13 Record of purchases of pulse crops--Quantity--Rules on report and assessment
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Each first purchaser shall keep a permanent record of all purchases of pulse crops, which may be examined by the council at any reasonable time. The first purchaser shall report to the council the quantity of pulse crops received by the first purchaser. The report and remittance …
SDCL § 38-34-14 Pledge or mortgage of pulse crops as security for loan under federal price support program--Procedures for payment of assessment
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In the case of a pledge or mortgage of pulse crops as security for a loan under the federal price support program, the assessment established under § 38-34-10 shall be deducted from the proceeds of the loan at the time the loan is made, or be deducted thereafter by agencies of th…
SDCL § 38-34-15 Satisfaction of assessment liability if crops remain in storage for duration of pledge or mortgage--Exception
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If pulse crops described in § 38-34-14 remain in farm storage for the duration of the pledge or mortgage, the assessment paid at the time the loan was made completely satisfies the assessment liability unless upon subsequent actual delivery of the pulse crop from farm storage in …
SDCL § 38-34-16 Undercollections or overcollections of one dollar or less--Commodity Credit Corporation not required to collect or refund
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In connection with the collection of the pulse crop assessment on Commodity Credit Corporation pulse loans disbursed and purchase agreement settlement made, undercollections or overcollections of the pulse crop assessment amounting to one dollar or less as a result of errors do n…
SDCL § 38-34-17 Enforcement of collection
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If any first purchaser fails to pay the assessment provided in this chapter, the council may enforce collection in any appropriate court within this state. Source: SL 2005, ch 214 , § 17.
SDCL § 38-34-18 Refund of assessment--Application--Time for refund
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Any grower subject to the assessment provided in this chapter, within sixty days following the assessment, may apply to the council for a refund of the assessment. Upon return of the refund application accompanied by a record of the assessment by the first purchaser, the grower s…
SDCL § 38-34-19 Information on purpose of assessment and claim of refund--Development and dissemination
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The council shall develop and disseminate information and instructions relating to the purpose of the pulse crop assessment and manner in which refunds may be claimed. Source: SL 2005, ch 214 , § 19.
SDCL § 38-34-2 South Dakota Pulse Crops Council--Initial appointment of members
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The South Dakota Pulse Crops Council is composed of five members who are participating growers of dry peas, lentils, chickpeas, or lupines. The secretary shall make the initial appointments to the council and the secretary or a designee may serve as a nonvoting ex officio member.…
SDCL § 38-34-20 Referendum on raising or reducing assessment
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If fifteen percent of the participating growers, as disclosed by the records of the council for the preceding year, petition the council, the council shall conduct a referendum among the participating growers of the state to determine whether they wish the Legislature to raise or…
SDCL § 38-34-3 Terms of members--Subsequent election of council members--Qualification--Vacancy
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The term of the members of the council is three years. However, the initial appointments shall be for staggered terms. Succeeding council members shall be nominated by participating growers and appointed by the secretary of agriculture and natural resources. No council member may…
SDCL § 38-34-4 Election of officers--Quorum--Meetings
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The council shall annually elect a chair and vice-chair. A majority of voting members constitutes a quorum. All meetings of the council shall be called by the chair. However, special meetings may be called by three members of the council. The council shall adopt procedures for th…
SDCL § 38-34-5 Compensation of members
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Compensation for the members of the council shall be paid pursuant to §
SDCL § 38-34-6 Pulse crops fund--Collection and expenditure of funds
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Funds collected pursuant to this chapter shall be deposited with the state treasurer in a special fund known as the pulse crops fund. Expenditures of these funds shall be made in accordance with the provisions of chapter 4-7 . Source: SL 2005, ch 214 , § 6.
SDCL § 38-34-7 Powers and duties of council
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The council shall promote the development, marketing, processing, and production of pulse crops in South Dakota. In the administration of this chapter, the council may: (1) Contract and cooperate with any person or with any governmental department or agency for research, educatio…
SDCL § 38-34-8 Promulgation of rules
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The council shall promulgate rules pursuant to chapter 1-26 concerning: (1) The procedures for obtaining a declaratory ruling; (2) The procedures by which assessments are collected for pulse crops grown or sold to a first purchaser; (3) The procedures for obtaining a refund of th…
SDCL § 38-34-9 Effect of chapter on Department of Agriculture and Natural Resources or other agencies
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Nothing in this chapter abrogates or limits the rights, powers, duties, and functions of the Department of Agriculture and Natural Resources or any other agency of the state. Source: SL 2005, ch 214 , § 9; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.