Title 38 — AGRICULTURE AND HORTICULTURE

If a director of the council ceases to be a participating grower, dies or resigns from office prior to the expiration of his term, the council shall appoint, subject to approval by the secretary, a participating grower from the district for the balance of the unexpired term. Sour…

The council shall annually elect a president and such other officers as are advisable and necessary to administer this chapter. A majority of voting directors shall constitute a quorum. All meetings of the council shall be called by the president. However, special meetings may be…

Moneys collected from checkoff fees shall be deposited in a special revolving fund created in the state treasury and shall be continuously appropriated to the council. Expenditures of these funds shall be made in accordance with the provisions of Title 4. Source: SL 1988, ch 318 …

The council may, but is not limited to: (1) Contract and cooperate with any person, organization, or with any governmental department or agency for market maintenance and expansion, research, education, transportation, and for the prevention, modification, or elimination of trade…

The council may promulgate rules pursuant to chapter 1-26 concerning: (1) The procedures for obtaining a declaratory ruling; (2) The procedures for assessments collected for corn sold to a first purchaser; (3) The procedures for obtaining a refund of the assessment; (4) The proce…

An assessment of one cent per bushel is imposed by the council upon all corn marketed to a first purchaser within the state. This assessment shall be due upon any identifiable lot or quantity of corn. No assessment may be made until July 1, 1988. Source: SL 1988, ch 318 , § 15.

Every first purchaser of corn shall collect the assessment imposed by this chapter by deducting the assessment from the purchase price of all corn subject to the assessment and purchased by the first purchaser. Source: SL 1988, ch 318 , § 16.

Any first purchaser of corn shall file an application with the council on forms prescribed and furnished by the council which shall contain the name under which the first purchaser is transacting business within the state, place of business, and the location of loading places of …

Any first purchaser shall keep as a part of its permanent records a record of all purchases of corn, which may be examined by the council at any reasonable time. Every first purchaser shall report to the council stating the quantity of corn received by the first purchaser. The re…

If a first purchaser fails to remit the assessment provided under this chapter, the council may enforce collection in any appropriate court within this state. Source: SL 1988, ch 318 , § 19.

There is hereby established a South Dakota Corn Utilization Council. The council shall be composed of nine directors who shall be participating growers. The directors shall be elected by participating growers. The secretary shall be an ex officio, nonvoting director of the counci…

Any grower subject to the assessment provided in this chapter may, within sixty days following such assessment, make application to the council for a refund of the assessment. Upon the return of the refund application, accompanied by a record of the assessment by the first purcha…

The council shall develop and disseminate information and instructions relating to the purpose of the corn assessment and the manner in which refunds may be claimed, and to this extent shall cooperate with governmental agencies, state and federal, and private businesses engaged i…

Members of the corn utilization council shall receive per diem compensation pursuant to § 4-7-10.4 and shall be reimbursed for necessary expenses incurred in performing the duties prescribed by this chapter. The provisions of this section shall be retroactive in effect to July 1,…

Director candidates may be nominated by a written petition signed by at least fifteen participating growers who reside in the district. Petition forms shall be provided by the council and shall be filed with the council at least thirty days before the election. The council shall …

The council 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 counci…

An election shall be held in each district in which a director's term is to expire. The election date and time shall be determined by the council but shall be between January first to February fifteenth, inclusive, closest to the pending vacancy's expiration date. The election sh…

If voting at the designated time and place would cause a hardship on any eligible voter, the council shall allow for absentee voting on forms, and in a manner, prescribed in rule by the council. Absentee ballots shall be returned either to the council office no later than five ca…

To be eligible to vote in a district election, a participating grower as defined in § 38-32-1 shall sign a participating grower affidavit at the time of voting. A husband and wife, a landlord and tenant, and a landowner and purchaser under a contract for deed which is of record i…

Notice of subsequent elections for directors of the council in a district shall be given by the council by publication in a newspaper of general circulation in the district and in any other reasonable manner as may be determined by the council. More than one notice may be publish…

The council shall publish at least once, in at least one newspaper of general circulation in each council district in which a director is to be elected, a notice of the pending expiration of the director's term. The notice shall be published at least twenty - one days, but no mor…

In any election held pursuant to this chapter, the candidate receiving the highest number of votes in the district shall be elected. Director terms shall be for three years and no director of the council may serve for more than two complete consecutive terms. The terms of office …

After election of the initial directors, the council shall administer subsequent elections for directors of the council with the assistance of the secretary. The council shall appoint in each county of the district a committee of three persons to serve as election judges. If the …

One director shall be elected from each of the following districts: District Number Counties Comprising District I Union, Clay, Yankton, Lincoln, Turner II Minnehaha, Moody, Lake, Miner III Brookings, Kingsbury, Hamlin, Deuel, Codington IV Clark, Day, Grant, Roberts, Marshall V B…

Within sixty days of July 1, 2010, the council shall assign or reassign one director to each of the nine districts on the basis of residency and equity. Any director not so assigned or reassigned shall serve at large until the expiration of that director's term. During the transi…

Terms used in §§ 38-33-1 to 38-33-1 2, inclusive, mean: (1) "Assessment," a per head fee collected on the sale of all varieties of swine in South Dakota; (2) "Commission," the South Dakota Pork Commission; (3) "Participating seller," any person who owns or operates an agricultura…

Within ninety days following the assessment, any seller subject to the assessment provided in §§ 38-33-1 to 38-33-12 , inclusive, may apply to the commission for a refund of the assessment. The refund application shall be accompanied by a copy of the record of the assessment on t…

The commission, to inform the seller, shall develop and disseminate information and instructions relating to the purpose of the swine assessment and manner in which refunds may be claimed, and to this extent shall cooperate with government agencies, state and federal, and private…

If any national promotion, research, or consumer information program that uses an assessment mechanism on the sale of swine and is under the supervision of an agency of the federal government is resumed or established, the collection of assessments under §§ 38-33-1 to 38-33-12 , …

There is hereby established the South Dakota Pork Commission. The 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 raising s…

If a member of the commission ceases to be a participating seller or resigns from office before the expiration of the member's term, the secretary shall appoint a successor for the balance of the term of office vacated. Source: SL 2001, ch 219 , § 5.

The commission shall annually elect a chair and a vice chair. A majority of voting members constitutes a quorum. All meetings of the commission shall be called by the chair except that special meetings may be called by three members of the commission. The commission shall adopt p…

The commission may: (1) For purposes related to the swine industry, enter into contracts, including loans and grants, and cooperate with any person, any local, state, or national organization, whether public or private, or with any governmental department or agency for the discov…

The commission shall promulgate rules pursuant to chapter 1-26 concerning: (1) The procedures for obtaining a declaratory ruling; (2) The procedures for collecting assessments for swine sold to a purchaser and the amount of the assessment in accordance with § 38-33-7 ; (3) The pr…

An assessment not to exceed 0.45 percent of the market value of each swine when sold is imposed by the commission upon all swine sold in the state by a South Dakota resident. However the commission may enter into reciprocal agreements with other states that also have a swine chec…

Each purchaser shall keep a permanent record for three years of all purchases of swine, which may be examined by the commission at any reasonable time. Each purchaser shall report to the commission stating the seller and quantity of swine. The report and remittance of the assessm…

If a purchaser disputes an assessment made under §§ 38-33-1 to 38-33-12 , inclusive, the purchaser may appeal to the commission, which shall conduct a hearing and resolve the matter pursuant to the contested case provisions of chapter 1-26 . If a purchaser fails to remit the asse…

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…

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 …

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…

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…

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 …

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…

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 …

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…

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.

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…

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.

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.…

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…