reglab/housing_qa huggingface dataset:
SD Codified L § 38-34-13 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 34 - Pulse Crops|Section 38-34-13 - Record of purchases of pulse crops--Quantity--Rules on report and assessment.

38-34-13. Record of purchases of pulse crops--Quantity--Rules on report and assessment.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 of the assessment shall be made at the times and in the manner prescribed by the council in rules promulgated pursuant to chapter 1-26. Source: SL 2005, ch 214, §13.
SD Codified L § 38-34-14 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 34 - Pulse Crops|Section 38-34-14 - Pledge or mortgage of pulse crops as security for loan under federal price support program--Procedures for payment of assessment.

38-34-14. Pledge or mortgage of pulse crops as security for loan under federal price support program--Procedures for payment of assessment.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 the federal government. The producer's note and loan agreement, producer's note and supplemental loan agreement, or delivery instructions issued by the federal agency to the grower fulfill the requirements for invoices, and these documents constitute proof of payment of the assessment on the pulse crops. Forms supplemental or alternate to those approved in this section that are provided by the Commodity Credit Corporation of the United States Department of Agriculture and contain the necessary information may be used for the purposes of this section. Identification numbers created by the Commodity Credit Corporation for use in lieu of the name of the grower from whom the assessment was collected are approved, if authorized officials of the State of South Dakota have access at all reasonable times to records in the United States Department of Agriculture Farm Service Agency county offices showing the names of growers to whom such identification numbers have been assigned. Source: SL 2005, ch 214, §14.
SD Codified L § 38-34-15 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 34 - Pulse Crops|Section 38-34-15 - Satisfaction of assessment liability if crops remain in storage for duration of pledge or mortgage--Exception.

38-34-15. Satisfaction of assessment liability if crops remain in storage for duration of pledge or mortgage--Exception.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 satisfaction of the pledge, or mortgage in the amount of one dollar or more, any underpayment is due solely to the necessity of estimating the quantity of the pulse crops placed in farm storage. Source: SL 2005, ch 214, §15.
SD Codified L § 38-34-16 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 34 - Pulse Crops|Section 38-34-16 - Undercollections or overcollections of one dollar or less--Commodity Credit Corporation not required to collect or refund.

38-34-16. Undercollections or overcollections of one dollar or less--Commodity Credit Corporation not required to collect or refund.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 not require collection of the underpayment or refund of the overpayment by the Commodity Credit Corporation, and its responsibility in such cases is waived. Source: SL 2005, ch 214, §16.
SD Codified L § 38-34-17 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 34 - Pulse Crops|Section 38-34-17 - Enforcement of collection.

38-34-17. Enforcement of collection.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.
SD Codified L § 38-34-18 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 34 - Pulse Crops|Section 38-34-18 - Refund of assessment--Application--Time for refund.

38-34-18. Refund of assessment--Application--Time for refund.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 shall, within sixty days, be refunded the net amount of the assessment collected. Additionally, a grower, who for any reason, pays the assessment more than once on the same pulse crops, upon furnishing proof of this to the council, is entitled to a refund of the overpayment. Source: SL 2005, ch 214, §18.
SD Codified L § 38-34-19 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 34 - Pulse Crops|Section 38-34-19 - Information on purpose of assessment and claim of refund--Development and dissemination.

38-34-19. Information on purpose of assessment and claim of refund--Development and dissemination.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.
SD Codified L § 38-34-20 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 34 - Pulse Crops|Section 38-34-20 - Referendum on raising or reducing assessment.

38-34-20. Referendum on raising or reducing assessment.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 reduce the assessment imposed by this chapter. The referendum may be conducted only among participating growers who have paid all assessments pursuant to this chapter for the preceding year, and the ballots shall be prepared by the council and mailed to each participating grower at least thirty days before the last date for filing ballots. In addition, each ballot shall be accompanied by a notice to each participating grower:(1)Of the date of the filing of the petition by the growers for the referendum and the number of signatures contained on the petition;(2)Of the date and place where the council will open and tabulate the ballots. The date may be not less than five days after the last date for filing the ballots;(3)Of the last date upon which ballots may be filed with the council, or postmarked if delivered to the council by mail; and(4)That any participating grower may attend the meeting of the council at the time the ballots are opened and the votes tabulated.If a majority of the participating growers voting upon the question are in favor of the proposed change, the council shall certify the result to the secretary with the request that the secretary prepare a bill to submit to the next legislative session to modify this chapter accordingly. The results of the referendum are advisory only, and the Legislature is not obligated to adopt legislation enacting the proposals contained in the referendum. Source: SL 2005, ch 214, §20.
SD Codified L § 38-34-21 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 34 - Pulse Crops|Section 38-34-21 - Council may contract with Public Utilities Commission to inspect assessment and checkoff records.

38-34-21. Council may contract with Public Utilities Commission to inspect assessment and checkoff records.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 council shall reimburse the Public Utilities Commission for the inspections. Source: SL 2005, ch 214, §21; SL 2009, ch 196, §5.
SD Codified L § 38-35-1 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 35 - Industrial Hemp|Section 38-35-1 - Definitions.

38-35-1. Definitions.Terms used in this chapter mean:(1)"Department," the Department of Agriculture and Natural Resources;(2)"Hemp" or "industrial hemp," the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than three-tenths of one percent on a dry weight basis;(3)"Key participant," a sole proprietor, a partner in a partnership, or a person with executive managerial control in a corporation or limited liability company;(4)"Industrial hemp product," a finished manufactured product, or consumer product containing cannabidiol that is packaged for individual sale, with a delta-9 tetrahydrocannabinol concentration of not more than three-tenths of one percent, derived from or made by processing industrial hemp;(5)"Lot," a contiguous area in a field containing the same variety or strain of hemp throughout the area;(6)"Process" or "processing," to convert or converting industrial hemp into industrial hemp product;(7)"Processor," a person who processes industrial hemp;(8)"Produce" or "producing," to grow or growing hemp plants in the field for processing;(9)"Secretary," the secretary of the Department of Agriculture and Natural Resources; and(10)"Transporter," any person transporting, hauling, or delivering hemp, but not industrial hemp product or sterilized seeds that are incapable of beginning germination. Source: SL 2020, ch 176, § 1, eff. Mar. 27, 2020; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
SD Codified L § 38-35-2 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 35 - Industrial Hemp|Section 38-35-2 - Purchasing, receiving, or obtaining industrial hemp--License required--Violation as misdemeanor.

38-35-2. Purchasing, receiving, or obtaining industrial hemp--License required--Violation as misdemeanor.No person may purchase, receive, or obtain industrial hemp, other than industrial hemp product, for planting, storing, propagating, producing, or processing unless the person has a license as provided by this chapter or is working under contract with or under the direction of a licensee. The licensee is responsible, either civilly or criminally, for any person working under contract with or under the direction of a licensee for all sections of this chapter.It shall be a Class 2 misdemeanor to purchase, receive, or obtain industrial hemp, other than industrial hemp product, for planting, storing, propagating, producing, or processing without a license. No unlicensed person is subject to criminal penalties for possession or distribution of hemp seed.A person, whether or not licensed, who possesses or distributes a product determined to meet the definition of marijuana is subject to prosecution and penalties for possession or distribution of marijuana under chapter 22-42. Source: SL 2020, ch 176, § 2, eff. Mar. 27, 2020.
SD Codified L § 38-35-3 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 35 - Industrial Hemp|Section 38-35-3 - Application for grower license--Location and size requirements.

38-35-3. Application for grower license--Location and size requirements. After the department receives approval by the United States Secretary of Agriculture for the state plan submitted pursuant to §38-35-15, any person seeking to purchase, receive, or obtain industrial hemp, other than industrial hemp product, for planting, storing, propagating, or producing shall apply to the secretary for a grower license on an application form prescribed by the department and submit a nonrefundable annual application fee. The secretary shall deposit fees collected under this chapter in the hemp regulatory program fund.No application for licensure to plant, grow, or produce industrial hemp may be for less than one-half, contiguous outdoor acres or an indoor greenhouse that may not be less than two thousand eight hundred eighty square feet. No application for licensure to plant, grow, or produce industrial hemp may be approved within the corporate limits of any incorporated municipality without receiving verification from the municipality that it meets all applicable municipal zoning regulations. Source: SL 2020, ch 176, § 3, eff. Mar. 27, 2020; SL 2021, ch 182, § 1, eff. Mar. 25, 2021.
SD Codified L § 38-35-4 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 35 - Industrial Hemp|Section 38-35-4 - Application for processor license--Fee--Location notice.

38-35-4. Application for processor license--Fee--Location notice. After the department receives approval by the United States Secretary of Agriculture for the state plan submitted pursuant to §38-35-15, any person seeking to purchase, receive, or obtain industrial hemp, other than industrial hemp product, for processing shall apply to the secretary for a processor license on an application form prescribed by the department and submit a nonrefundable annual application fee. The applicant may submit an application form for a processor license at any time. The secretary shall deposit fees collected under this chapter in the hemp regulatory program fund.The applicant shall provide to the department the street address, legal description, and global positioning system coordinates for any location where hemp will be processed under the processor's license and certify that any location where hemp is to be processed is under the control of the applicant. A processor licensee shall provide notice of any change in ownership or location to the department within ten days of a change. Failure to amend change of ownership or location automatically invalidates the license, and a new license must be obtained. Source: SL 2020, ch 176, § 4, eff. Mar. 27, 2020; SL 2021, ch 182, § 2, eff. Mar. 25, 2021.
SD Codified L § 38-35-5 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 35 - Industrial Hemp|Section 38-35-5 - Criminal background check--Denial of license for conviction--Licensure exemption.

38-35-5. Criminal background check--Denial of license for conviction--Licensure exemption. Each applicant for any license under this chapter, key participant, and landowner, if the applicant is the lessee, shall submit to a state and federal criminal background investigation by means of fingerprint checks by the Division of Criminal Investigation and the Federal Bureau of Investigation. Upon application for a license, the department shall submit the completed fingerprint cards to the division. Upon completion of the criminal background check, the division shall forward to the department all information obtained as a result of the criminal background check. This information shall be obtained prior to licensure of the applicant. All costs or fees associated with the criminal background checks are the responsibility of the applicant. Information provided to the department under this section is confidential, is not public record, and is exempt from the provisions of chapter 1-27. However, the department may share this information with law enforcement and the Department of Public Safety. Failure to submit to or cooperate with a criminal background check is grounds for denial or revocation of a license. The secretary may deny licensure if any applicant, key participant, or landowner has been convicted of a misdemeanor or felony relating to a controlled substance or marijuana under state or federal law within the previous ten years. Licensure under this chapter is not required for employees of the state of South Dakota when performing official duties. Any person who has previously submitted a fingerprint card to the Division of Criminal Investigation as part of an application under the hemp program is not required to resubmit a fingerprint card but shall authorize the use of the previously submitted fingerprints for an updated state and federal background check. All costs or fees associated with the criminal background checks are the responsibility of the applicant. Source: SL 2020, ch 176, § 5, eff. Mar. 27, 2020; SL 2021, ch 182, § 3, eff. Mar. 25, 2021.
SD Codified L § 38-35-6 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 35 - Industrial Hemp|Section 38-35-6 - Hemp regulatory program fund--Purpose--Expenditures.

38-35-6. Hemp regulatory program fund--Purpose--Expenditures.There is hereby created within the state treasury the hemp regulatory program fund, into which all application fees, license fees, inspection fees, and other fees or revenue paid to the state from the operation of the hemp regulatory program shall be deposited. All moneys in the fund created in this section shall be used for the purpose of administering the hemp regulatory program. Interest earned on money in the fund shall be deposited into the fund. Expenditures from the fund shall be appropriated through the normal budget process. Source: SL 2020, ch 176, § 6, eff. Mar. 27, 2020.
SD Codified L § 38-35-7 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 35 - Industrial Hemp|Section 38-35-7 - License issuance--Denial, revocation, or suspension--Contested case.

38-35-7. License issuance--Denial, revocation, or suspension--Contested case. If the applicant has completed the application to the satisfaction of the secretary, paid the application fee, returned a criminal background check compliant with §38-35-5, and is eligible for a license under this chapter, the secretary shall issue the license upon receipt of an annual license fee.A grower or processor license issued under this chapter is valid for fifteen months from the date of issuance.The department may deny, revoke, or suspend a license of any person who:(1)Violates any provision of this chapter or administrative rule promulgated under the authority of this chapter;(2)Violates any rule set forth by the United States Department of Agriculture regarding industrial hemp;(3)Provides false or misleading information in connection with any application required by this chapter;(4)Has been convicted of a misdemeanor or felony relating to a controlled substance or marijuana under state or federal law within the previous ten years; or(5)Has been charged with or convicted of a misdemeanor or felony relating to a controlled substance or marijuana under state or federal law since the most recent criminal background check.Any person whose license is denied, revoked, or suspended under this section may request a hearing pursuant to chapter 1-26. Source: SL 2020, ch 176, § 7, eff. Mar. 27, 2020; SL 2021, ch 182, § 4, eff. Mar. 25, 2021.
SD Codified L § 38-35-8 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 35 - Industrial Hemp|Section 38-35-8 - Planting--Documentation to be filed--Contents.

38-35-8. Planting--Documentation to be filed--Contents.Within thirty days of planting, each grower licensee under this chapter shall file with the department documentation as required by the secretary in order to identify the type and variety of each hemp seed planted with its corresponding lot. Any documentation provided under this section is not an open record pursuant to chapter 1-27 and may not be disclosed except to the Department of Public Safety or law enforcement. The department may make publicly available a list of all types and varieties of planted hemp seed submitted to the department. Source: SL 2020, ch 176, § 8, eff. Mar. 27, 2020.
SD Codified L § 38-35-9 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 35 - Industrial Hemp|Section 38-35-9 - Entrance by department--Consent--Fee--Inspection, confiscation, and disposal--Costs--Liability for destruction--Records.

38-35-9. Entrance by department--Consent--Fee--Inspection, confiscation, and disposal--Costs--Liability for destruction--Records.The secretary shall contract with the Department of Public Safety to conduct inspections and sampling of each lot and any processor location. The department and the Department of Public Safety may enter on any land or other property where hemp is grown, produced, stored, or processed for the purpose of inspections, sample collection, testing, or investigation while enforcing this chapter. Any person who holds a license under this chapter is deemed to have given consent to the reasonable search and seizure of any hemp without a warrant to determine the lawful amount of delta-9 tetrahydrocannabinol concentration and for enforcement of the provisions of this chapter.The secretary shall assess a grower inspection fee per lot for grower licensees and shall assess a processor inspection fee per location for processor licensees.Any substance found to be in violation of this chapter is subject to confiscation and disposal at the direction of the Department of Public Safety. Any costs arising from the destruction, confiscation, or disposal are the responsibility of the grower, producer, processor, or owner of the substance. The state is not liable for any confiscation, seizure, disposal, or destruction of any substance carried out under this chapter. Any testing, inspection, and investigation results shall be provided to the licensee. Notice of any violation shall be provided to the licensee in writing. Inspection and investigation records are not open records pursuant to chapter 1-27. Source: SL 2020, ch 176, § 9, eff. Mar. 27, 2020.
SD Codified L § 38-35-10 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 35 - Industrial Hemp|Section 38-35-10 - Inspection timing and procedure--Disclose information.

38-35-10. Inspection timing and procedure--Disclose information. Every lot of a grower licensee shall be inspected and samples collected no more than thirty days before the hemp is harvested. The grower licensee shall contact the Department of Public Safety prior to harvest in order to ensure a reasonable amount of time to schedule an inspection. The grower licensee shall be present during the inspection. No harvested lot of hemp shall be commingled with another harvested lot of hemp or other material. No hemp may leave the dominion of control of the grower licensee until the grower licensee receives a laboratory result from the department that confirms each lot complies with 7 U.S.C. Chapter 38, Subchapter VII, as provided in 7 C.F.R 990.70(d) and 990.71(d) in effect as of January 1, 2020.Any location of the processor licensee may be subject to random inspection. The processor licensee shall be present during the inspection. Source: SL 2020, ch 176, § 10, eff. Mar. 27, 2020; SL 2021, ch 182, § 5, eff. Mar. 25, 2021.