reglab/housing_qa huggingface dataset:
SD Codified L § 38-32-18 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 32 - Corn Utilization Council|Section 38-32-18 - First purchaser to keep record of corn purchases--Examination by council--Report to council and remittance of assessment--Rules.

38-32-18. First purchaser to keep record of corn purchases--Examination by council--Report to council and remittance of assessment--Rules.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 report and remittance of the assessment shall be made at the times and in the manner prescribed by the council pursuant to administrative rules promulgated pursuant to chapter 1-26. Source: SL 1988, ch 318, §18.
SD Codified L § 38-32-19 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 32 - Corn Utilization Council|Section 38-32-19 - Enforcement of collection.

38-32-19. Enforcement of collection.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.
SD Codified L § 38-32-20 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 32 - Corn Utilization Council|Section 38-32-20 - Refund to grower--Application--When refund made.

38-32-20. Refund to grower--Application--When refund made.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 purchaser, the grower shall, within sixty days, be refunded the net amount of the assessment collected. However, a grower who has paid the assessment more than once on the same corn is entitled to a refund of the overpayment. Source: SL 1988, ch 318, §20.
SD Codified L § 38-32-21 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 32 - Corn Utilization Council|Section 38-32-21 - Development and dissemination of information by council--Cooperation with agencies and businesses.

38-32-21. Development and dissemination of information by council--Cooperation with agencies and businesses.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 in the purchase of corn. Source: SL 1988, ch 318, §21.
SD Codified L § 38-32-22 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 32 - Corn Utilization Council|Section 38-32-22 - Compensation and expenses for corn utilization council.

38-32-22. Compensation and expenses for corn utilization council.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, 1988. Source: SL 1989, ch 347.
SD Codified L § 38-32-23 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 32 - Corn Utilization Council|Section 38-32-23 - Nomination of directors by petition--Certification--Ballot position.

38-32-23. Nomination of directors by petition--Certification--Ballot position.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 certify the nomination of candidates and prepare official ballots for the election of directors. Ballot position shall be determined by lot. Source: SL 1991, ch 328, §4.
SD Codified L § 38-32-24 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 32 - Corn Utilization Council|Section 38-32-24 - Council may contract with Public Utilities Commission to inspect assessment and checkoff records.

38-32-24. 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 1996, ch 245, §4; SL 2009, ch 196, §4.
SD Codified L § 38-33-1 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 33 - Pork Commission|Section 38-33-1 - Definitions.

38-33-1. Definitions.Terms used in §§38-33-1 to 38-33-12, 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 agricultural producing or growing facility for swine and shares in the profits and risks of loss from such operation, and who produces swine in South Dakota during the current or preceding marketing year, and has not requested a refund from the payment of assessments on swine production under §§38-33-1 to 38-33-12, inclusive, for the past twelve months;(4)"Purchaser," any person who buys, accepts for shipment, accepts for consignment, brokers, order buys, or otherwise acquires swine from a producer;(5)"Secretary," the secretary of the Department of Agriculture and Natural Resources. Source: SL 2001, ch 219, §1; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
SD Codified L § 38-33-2 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 33 - Pork Commission|Section 38-33-2 - South Dakota Pork Commission established--Members--Terms of office--Elections--Meetings.

38-33-2. South Dakota Pork Commission established--Members--Terms of office--Elections--Meetings.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 swine in this state for a period of at least five years;(4)Derive a substantial portion of their income from raising swine; and(5)Are participating sellers.The initial members shall be appointed by the secretary from a list of recommendations submitted to the secretary by the pork producers of the state. The terms of members are three years; the initial appointments shall be for staggered terms. The secretary is an ex officio, nonvoting member of the commission.Each successor to the initial members shall be elected by the pork producers of the state under rules promulgated by the secretary pursuant to chapter 1-26. No member may serve for more than two consecutive elected terms. Source: SL 2001, ch 219, §2, 3, 4.
SD Codified L § 38-33-3 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 33 - Pork Commission|Section 38-33-3 - Filling of vacancies on commission.

38-33-3. Filling of vacancies on commission.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.
SD Codified L § 38-33-4 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 33 - Pork Commission|Section 38-33-4 - Election of officers--Quorum--Calling meetings.

38-33-4. Election of officers--Quorum--Calling meetings.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 procedures for the calling of special meetings. Source: SL 2001, ch 219, §6.
SD Codified L § 38-33-5 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 33 - Pork Commission|Section 38-33-5 - Powers of commission.

38-33-5. Powers of commission.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 discovery, promotion, development, and expansion of domestic and export markets and industries and for research, protection, education, transportation, and health issues;(2)Expend the funds collected pursuant to §§38-33-1 to 38-33-12, inclusive, and appropriated for its administration;(3)Appoint, employ, discharge, fix compensation for, and prescribe the duties of such personnel as it deems necessary;(4)Accept donations of funds, property, services, or other assistance from public or private sources for the purpose of furthering the objectives of the commission;(5)Lease, purchase, own, maintain, operate, and dispose of equipment and supplies necessary to carry out the provisions of §§38-33-1 to 38-33-12, inclusive. Source: SL 2001, ch 219, §7.
SD Codified L § 38-33-6 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 33 - Pork Commission|Section 38-33-6 - Promulgation of rules.

38-33-6. Promulgation of rules.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 procedures for obtaining a refund of the assessment;(4)The procedures for collecting delinquent assessments and assessing penalties;(5)The record-keeping and reporting requirements of purchasers. Source: SL 2001, ch 219, §8.
SD Codified L § 38-33-7 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 33 - Pork Commission|Section 38-33-7 - Assessment--Collection--Deposit.

38-33-7. Assessment--Collection--Deposit.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 checkoff fee to remit the assessment to the state where the swine were grown.Any purchaser of swine shall collect the assessment imposed by §§38-33-1 to 38-33-12, inclusive, by deducting the assessment from the purchase prices of all swine subject to the assessment.Moneys collected from checkoff fees shall be deposited in a special revolving fund created in the state treasury and are continuously appropriated to the commission. Source: SL 2001, ch 219, §§9, 10, 11.
SD Codified L § 38-33-8 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 33 - Pork Commission|Section 38-33-8 - Records--Reports and remittances.

38-33-8. Records--Reports and remittances.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 assessment shall be made at the times and in the manner prescribed by the commission pursuant to rules promulgated by the commission pursuant to chapter 1-26. Source: SL 2001, ch 219, §12.
SD Codified L § 38-33-9 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 33 - Pork Commission|Section 38-33-9 - Appeal and enforcement.

38-33-9. Appeal and enforcement.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 assessment provided in §§38-33-1 to 38-33-12, inclusive, the commission may enforce collection in any appropriate court within this state. Source: SL 2001, ch 219, §13.
SD Codified L § 38-33-10 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 33 - Pork Commission|Section 38-33-10 - Application for refund.

38-33-10. Application for refund.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 the sale. The commission shall refund the amount of the assessment collected within sixty days of receiving a valid refund application. Source: SL 2001, ch 219, §14.
SD Codified L § 38-33-11 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 33 - Pork Commission|Section 38-33-11 - Dissemination of information.

38-33-11. Dissemination of information.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 businesses engaged in the purchase of swine. Source: SL 2001, ch 219, §15.
SD Codified L § 38-33-12 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 33 - Pork Commission|Section 38-33-12 - Dissolution of commission--Resumption of activities.

38-33-12. Dissolution of commission--Resumption of activities.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, inclusive, is suspended beginning sixty days after the collection of assessments under the national program begins. If the collection of assessments under §§38-33-1 to 38-33-12, inclusive, remains suspended for more than two years, the commission is dissolved and the assets and liabilities of the commission shall be managed as the Legislature shall determine. If, after the commission has been dissolved, the collection of assessments by the national program ceases for a period of sixty days, new members of the commission shall be appointed and subsequent commission members elected as provided in §§38-33-1 to 38-33-12, inclusive, and the activities of the commission shall resume. Source: SL 2001, ch 219, §16.
SD Codified L § 38-34-1 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 34 - Pulse Crops|Section 38-34-1 - Definitions.

38-34-1. Definitions.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 grower selling unharvested pulse crops or delivering pulse crops from the farm on which they are produced to storage facilities, packing shed, or processing plant is not a first purchaser;(3)"Grower," any person who is the legal initial owner of pulse crops harvested from more than ten acres;(4)"Participating grower," a grower who has not requested a refund from the payment of assessments on pulse crops under this chapter for the current or previous year;(5)"Pulse crops," lentils, dry peas, chickpeas, and lupines;(6)"Secretary," the secretary of the Department of Agriculture and Natural Resources. Source: SL 2005, ch 214, §1; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
SD Codified L § 38-34-2 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 34 - Pulse Crops|Section 38-34-2 - South Dakota Pulse Crops Council--Initial appointment of members.

38-34-2. South Dakota Pulse Crops Council--Initial appointment of members.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. Initial appointments to the council shall include five participating growers, including a dry pea grower, a chickpea grower, a lentil or lupine grower, and two at-large pulse producers. If no grower representing one of these crops is available or willing to serve, then another at-large grower shall be appointed. Source: SL 2005, ch 214, §2.
SD Codified L § 38-34-3 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 34 - Pulse Crops|Section 38-34-3 - Terms of members--Subsequent election of council members--Qualification--Vacancy.

38-34-3. Terms of members--Subsequent election of council members--Qualification--Vacancy.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 serve more than four consecutive terms. If a member ceases to be a participating grower, the secretary shall declare the member's office vacant, and the secretary shall appoint a successor for the balance of the term of the office vacated. Source: SL 2005, ch 214, §3; SL 2013, ch 195, §1; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
SD Codified L § 38-34-4 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 34 - Pulse Crops|Section 38-34-4 - Election of officers--Quorum--Meetings.

38-34-4. Election of officers--Quorum--Meetings.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 the calling of special meetings. Source: SL 2005, ch 214, §4.
SD Codified L § 38-34-5 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 34 - Pulse Crops|Section 38-34-5 - Compensation of members.

38-34-5. Compensation of members.Compensation for the members of the council shall be paid pursuant to §4-7-10.4. Source: SL 2005, ch 214, §5.
SD Codified L § 38-34-6 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 34 - Pulse Crops|Section 38-34-6 - Pulse crops fund--Collection and expenditure of funds.

38-34-6. Pulse crops fund--Collection and expenditure of funds.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.
SD Codified L § 38-34-7 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 34 - Pulse Crops|Section 38-34-7 - Powers and duties of council.

38-34-7. Powers and duties of council.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, education, promotion, and transportation;(2)Expend the funds collected pursuant to this chapter and appropriated for its administration;(3)Appoint, discharge, fix compensation for, and prescribe the duties of personnel as necessary, subject to approval of the secretary;(4)Accept donations of funds, property, services, or other assistance from public or private sources for the purpose of furthering the objectives of the council. Source: SL 2005, ch 214, §7.
SD Codified L § 38-34-8 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 34 - Pulse Crops|Section 38-34-8 - Promulgation of rules.

38-34-8. Promulgation of rules.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 the assessment;(4)The procedures for collecting delinquent assessments and assessing penalties; and(5)The record-keeping and reporting requirements of first purchasers. Source: SL 2005, ch 214, §8.
SD Codified L § 38-34-9 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 34 - Pulse Crops|Section 38-34-9 - Effect of chapter on Department of Agriculture and Natural Resources or other agencies.

38-34-9. Effect of chapter on Department of Agriculture and Natural Resources or other agencies.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.
SD Codified L § 38-34-10 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 34 - Pulse Crops|Section 38-34-10 - Assessment on pulse crop--Rate--Reciprocal agreements.

38-34-10. Assessment on pulse crop--Rate--Reciprocal agreements.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 to the state where the crop is grown. This assessment is due on any identifiable lot or quantity of a pulse crop. Source: SL 2005, ch 214, §10.
SD Codified L § 38-34-11 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 34 - Pulse Crops|Section 38-34-11 - Collection and remission of assessment.

38-34-11. Collection and remission of 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 the first purchaser. The assessments shall be paid to the department within thirty days of the end of each calendar quarter. Source: SL 2005, ch 214, §11.
SD Codified L § 38-34-12 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 34 - Pulse Crops|Section 38-34-12 - First purchaser of pulse crops--Information required on application or affidavit.

38-34-12. First purchaser of pulse crops--Information required on application or affidavit.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 loading places of the first purchaser. Source: SL 2005, ch 214, §12.