reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 08 - Conservation Districts › Section 38-8-96 - Determination of administrative practicability and feasibility of continued operation of district--Majority vote requiring discontinuance.

38-8-96. Determination of administrative practicability and feasibility of continued operation of district--Majority vote requiring discontinuance.
The State Conservation Commission shall determine after a referendum pursuant to §38-8-92 whether continued operation of the district is administratively practicable and feasible and shall certify such determination to the supervisors of the district. The commission may determine that the continued operation of the district is administratively practicable and feasible unless at least a majority of the votes cast in the referendum are cast in favor of the discontinuance of the district. The referendum is void if less than a majority of the registered voters in the district have cast their vote.
Source:
SL 1937, ch 19, §14; SDC 1939, §4.1516; SL 1959, ch 3, §6; SL 1994, ch 316, §31.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 08 - Conservation Districts › Section 38-8-97 - Termination of district affairs on determination by state commission--Disposition of district property.

38-8-97. Termination of district affairs on determination by state commission--Disposition of district property.
Upon receipt from the State Conservation Commission of a certification that the commission has determined that the continued operation of the district is not administratively practicable and feasible, pursuant to the provisions of this chapter, the supervisors shall terminate the affairs of the district. The supervisors shall dispose of all property belonging to the district at public auction and after all debts and obligations have been satisfied shall pay over the proceeds of such sale to the state conservation commission grant fund.
Source:
SL 1937, ch 19, §14; SDC 1939, §4.1516; SL 1959, ch 3, §6; SL 1994, ch 316, §32.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 08 - Conservation Districts › Section 38-8-98 - Application to secretary of state for certificate of dissolution--Recitals in application--Issuance of certificate.

38-8-98. Application to secretary of state for certificate of dissolution--Recitals in application--Issuance of certificate.
Upon compliance with §38-8-97, the supervisors shall file an application, duly verified, with the secretary of state for the discontinuance of the conservation district, and shall transmit with such application the certificate of the State Conservation Commission setting forth the determination of the commission that the continued operation of such district is not administratively practicable and feasible. The application shall recite that the property of the district has been disposed of and the proceeds paid over as in this chapter provided, and shall set forth a full accounting of such properties and proceeds of the sale. The secretary of state shall issue to the supervisors a certificate of dissolution and shall record such certificate in an appropriate book of record in his office. The secretary of state shall make no charge for the services herein required.
Source:
SL 1937, ch 19, §14; SDC 1939, §4.1516; SL 1959, ch 3, §6.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 08 - Conservation Districts › Section 38-8-99 - Ordinances and regulations terminated on dissolution of district--Division substituted as party to contracts--Liens and pending actions.

38-8-99. Ordinances and regulations terminated on dissolution of district--Division substituted as party to contracts--Liens and pending actions.
Upon issuance of a certificate of dissolution under the provisions of this chapter, all ordinances and regulations theretofore adopted and in force within the conservation district shall be of no further force and effect. All contracts theretofore entered into, to which the district or supervisors are parties, shall remain in force and effect for the period provided in such contracts. The Division of Resource Conservation and Forestry shall be substituted for the district or supervisors as party to such contracts. The division shall be entitled to all benefits and subject to all liabilities under such contracts and shall have the same right and liability to perform, to require performance, to sue and to be sued thereon, and to modify or terminate such contracts by mutual consent or otherwise, as the supervisors of the district would have had. Such dissolution shall not affect the lien of any judgment entered under the provisions of this chapter, nor the pendency of any action instituted under the provisions of such chapter, and the division shall succeed to all the rights and obligations of the district or supervisors as to such liens and actions.
Source:
SL 1937, ch 19, §14; SDC 1939, §4.1516; SL 1959, ch 3, §6.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 08A - Soil Erosion And Sediment Damage Control › Section 38-8A-1 - Definition of terms.

38-8A-1. Definition of terms.
Terms as used in this chapter mean:
(1)"Commission," the State Conservation Commission established by §38-7-3;
(2)"Conservation standards" or "standards," soil loss tolerance limits as developed pursuant to this chapter;
(3)"Districts," conservation districts established pursuant to chapter 38-8;
(4)"Person," a person as that term is defined by §2-14-2 and also any public agency or political subdivision of this state, any interstate body, or any other legal entity;
(5)"Guidelines," recommendations of the commission to the conservation districts not possessing the force or effect of rules or statute;
(6)"Permit-issuing authority," a municipality or other political subdivision normally responsible for granting or issuing zoning, subdivision, building, or drainage permits;
(7)"Silviculture," the science and art of managing forest resources for the timber, protection, recreation, wildlife, water, and aesthetic purposes.
Source:
SL 1976, ch 242, §1; SL 1997, ch 226, §1.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 08A - Soil Erosion And Sediment Damage Control › Section 38-8A-2 - "Land-disturbing activity" defined.

38-8A-2."Land-disturbing activity" defined.
The term, land-disturbing activity, as used in this chapter, means any clearing, tilling, grazing, grading, excavating, transporting, and filling of land, and the implementation of silviculture activities resulting in soil erosion from water or wind and the movement of sediments into any and all waters, public or private, on the surface of the ground, which are contained within, flow through or border lands in the state; or onto lands in the state. Land disturbing activities specifically regulated by other state agencies and that are subject to regulation under chapter 45-6B, chapter 34A-6, or chapter 34A-13, or which otherwise require plans for soil erosion and sediment damage control are exempt from the provisions of this chapter.
Source:
SL 1976, ch 242, §1 (4); SL 1997, ch 226, §2.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 08A - Soil Erosion And Sediment Damage Control › Section 38-8A-3 - Guidelines to be developed by commission--Citizen participation.

38-8A-3. Guidelines to be developed by commission--Citizen participation.
The State Conservation Commission shall develop comprehensive state erosion and sediment control guidelines before July 1, 1977. These guidelines are to be developed with full opportunity for citizen participation in accordance with chapter 1-26.
Source:
SL 1976, ch 242, §2.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 08A - Soil Erosion And Sediment Damage Control › Section 38-8A-4 - Content of guidelines.

38-8A-4. Content of guidelines.
The guidelines developed by the State Conservation Commission shall consist of recommended soil loss limits and suggested conservation practices.
Source:
SL 1976, ch 242, §4.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 08A - Soil Erosion And Sediment Damage Control › Section 38-8A-5 - Information and standards used as basis of guidelines.

38-8A-5. Information and standards used as basis of guidelines.
The guidelines for carrying out the program shall be based upon the following:
(1)Relevant physical and developmental information concerning the watersheds and drainage basins of the state, including, but not limited to, data relating to land use, soils, hydrology, geology, size of land area being disturbed, proximate water bodies and their characteristics, transportation, and public facilities and services;
(2)Existing surveys of lands and waters as may be deemed appropriate by the State Conservation Commission or required by any applicable law to identify areas, including multijurisdictional and watershed areas, with critical erosion and sediment problems; and
(3)Conservation standards for various types of soils and land uses, which standards shall include criteria, techniques, and methods for the control of erosion and sediment resulting from land-disturbing activities.
Source:
SL 1976, ch 242, §3.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 08A - Soil Erosion And Sediment Damage Control › Section 38-8A-6 - Districts to develop proposed standards in cooperation with local units--Time--Designation of fragile land.

38-8A-6. Districts to develop proposed standards in cooperation with local units--Time--Designation of fragile land.
The conservation district supervisors of each district in the state in cooperation and consultation with counties, municipalities and other affected units of local government shall, within twelve months after the adoption of the state guidelines, develop proposed district conservation standards. These standards may designate as "fragile land" any area of the district which is Class IVe, VI, VII, or VIII according to the United States Department of Agriculture classification system, as described in "Land Capability Classification", Agricultural Handbook 210, Soil Conservation Service, United States Department of Agriculture, issued September, 1961, and in effect on January 1, 1984; and is so erosive as to cause a public hazard when converted to cropland use.
Source:
SL 1976, ch 242, §5; SL 1984, ch 263, §8.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 08A - Soil Erosion And Sediment Damage Control › Section 38-8A-8 - Hearing on proposed standards or revisions--Publication of notice.

38-8A-8. Hearing on proposed standards or revisions--Publication of notice.
Before adopting or revising conservation standards, a district shall conduct a public hearing on the proposed standards or revisions. Notice of such hearing shall be published once a week for at least two successive weeks in a newspaper of general circulation in the area affected, giving the time and place, when and where such hearing shall be held, and inviting all interested persons to appear and be heard.
Source:
SL 1976, ch 242, §10.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 08A - Soil Erosion And Sediment Damage Control › Section 38-8A-9 - Transmittal of proposed standards to commission for review.

38-8A-9. Transmittal of proposed standards to commission for review.
Upon the development of proposed standards as provided by §38-8A-6, such standards shall be forwarded to the State Conservation Commission for review and comment.
Source:
SL 1937, ch 19, §7; SDC 1939, §4.1509; SL 1947, ch 12; SL 1953, ch 7, §2; SDC Supp 1960, §4.1509 (2); SDCL, §38-8-88; SL 1968, ch 1, §7; SL 1976, ch 242, §6.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 08A - Soil Erosion And Sediment Damage Control › Section 38-8A-10 - Review of standards by commission--Recommendations as to changes.

38-8A-10. Review of standards by commission--Recommendations as to changes.
The State Conservation Commission shall, within six months of receipt of a district's proposed standards, review and recommend any changes the commission deems necessary to the success of the district program.
Source:
SL 1976, ch 242, §7.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 08A - Soil Erosion And Sediment Damage Control › Section 38-8A-11 - Adoption of conservation standards by districts--Cooperation with other local units.

38-8A-11. Adoption of conservation standards by districts--Cooperation with other local units.
To carry out its program, each district, in cooperation with other local units of government, shall, within three months after the guidelines have been reviewed by the commission, adopt conservation standards consistent with the control of erosion and sediment resulting from land-disturbing activities.
Source:
SL 1976, ch 242, §8.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 08A - Soil Erosion And Sediment Damage Control › Section 38-8A-12 - Governing board resolution or voter petition for revision of conservation standards.

38-8A-12. Governing board resolution or voter petition for revision of conservation standards.
Revision of the conservation standards, in whole or in part, may be proposed by the conservation district governing board or by a petition signed by the number of voters equal to ten percent of the qualified voters in a district.
Source:
SL 1976, ch 242, §9; SL 1980, ch 269, §1; SL 1981, ch 283; SL 2019, ch 179, §3.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 08A - Soil Erosion And Sediment Damage Control › Section 38-8A-12.1 - Filing of petition--Submission of standards to election unless supervisors approve revision.

38-8A-12.1. Filing of petition--Submission of standards to election unless supervisors approve revision.
A petition pursuant to §38-8A-12 shall be filed with the conservation district supervisors. The filing of a petition shall require the submission of the named conservation district standards to an election of the qualified voters of the district. However, if the supervisors approve the proposed revision before the election, the election shall not proceed.
Source:
SL 1980, ch 269, §2.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 08A - Soil Erosion And Sediment Damage Control › Section 38-8A-12.2 - Election procedures.

38-8A-12.2. Election procedures.
An election under the provisions of §§38-8A-12 and 38-8A-12.1 shall be conducted at the next general election within the counties comprising the territory of the conservation district. Unless otherwise provided for in this chapter, the conduct of any election held under §§38-8A-12 and 38-8A-12.1 shall be governed by the general election laws of South Dakota. The results of the election shall be certified to the conservation district by the county commission of each county in which the election is conducted.
Source:
SL 1980, ch 269, §3; SL 1997, ch 226, §4.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 08A - Soil Erosion And Sediment Damage Control › Section 38-8A-13 - District standards to be met by activities on publicly owned lands.

38-8A-13. District standards to be met by activities on publicly owned lands.
If proposed land-disturbing activities are to be performed on state lands or by or on behalf of a state or local unit of government, plans for erosion and sediment control shall be in accordance with standards for erosion and sediment control established pursuant to this chapter.
Source:
SL 1937, ch 19, §13; SDC 1939, §4.1515; SDCL, §38-8-89; SL 1976, ch 242, §13.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 08A - Soil Erosion And Sediment Damage Control › Section 38-8A-14 - Enforcement of standards under contract with public agency.

38-8A-14. Enforcement of standards under contract with public agency.
Land-disturbing activities, carried out under contract with an agency of the state or with any of its local political subdivisions, shall be subject to the enforcement action of such agency or subdivision.
Source:
SL 1976, ch 242, §16.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 08A - Soil Erosion And Sediment Damage Control › Section 38-8A-15 - Issuance of permits by commission or districts prohibited.

38-8A-15. Issuance of permits by commission or districts prohibited.
Neither the State Conservation Commission nor the conservation districts may issue permits under the provisions of this chapter.
Source:
SL 1976, ch 242, §12.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 08A - Soil Erosion And Sediment Damage Control › Section 38-8A-16 - Permit-issuing authorities to require compliance with district conservation standards.

38-8A-16. Permit-issuing authorities to require compliance with district conservation standards.
After formal adoption of district conservation standards, each permit-issuing authority lying within the territorial limits of the conservation district, shall include provisions in its permit procedure to ensure that any proposed action relating to a permit is in compliance with the district conservation standards.
Source:
SL 1976, ch 242, §11.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 08A - Soil Erosion And Sediment Damage Control › Section 38-8A-17 - Land-disturbing activity plans, applications, and reports not required if standards not violated--Plan required for conversion of fragile land.

38-8A-17. Land-disturbing activity plans, applications, and reports not required if standards not violated--Plan required for conversion of fragile land.
No person engaging in land-disturbing activities is required to prepare a plan, file an application or otherwise report these activities to the conservation district, except as provided for in §38-8A-18. The district may require a conservation plan preceding the conversion to cropland of any land which has been designated fragile land as provided by §38-8A-6.
Source:
SL 1976, ch 242, §14; SL 1984, ch 263, §9; SL 1997, ch 226, §5.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 08A - Soil Erosion And Sediment Damage Control › Section 38-8A-18 - Violation of adopted standards by land-disturbing activities--Control plan required--District approval--Implementation of plan.

38-8A-18. Violation of adopted standards by land-disturbing activities--Control plan required--District approval--Implementation of plan.
Upon the determination by the conservation district, pursuant to §38-8A-20, that a land-disturbing activity is violating adopted standards, the land disturber shall be required to prepare an erosion and sediment control plan within six months, and have the plan approved by the local conservation district. Upon approval of the plan by the conservation district, the land disturber shall be allowed six months to implement the plan.
Source:
SL 1976, ch 242, §15; SL 1997, ch 226, §6.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 08A - Soil Erosion And Sediment Damage Control › Section 38-8A-18.1 - Noncompliance--Penalties.

38-8A-18.1. Noncompliance--Penalties.
Any person found to have engaged in land disturbing activities pursuant to §38-8A-20 who intentionally refuses or fails to comply with the action directed by the petitioned agency, may lose eligibility for financial assistance from any state agency or political subdivision of the state involved in natural resources. If a state agency denies financial assistance to any person pursuant to this section, such denial is appealable pursuant to chapter 1-26.
Source:
SL 1997, ch 227, §1.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 08A - Soil Erosion And Sediment Damage Control › Section 38-8A-19 - Variances to allow additional time for compliance.

38-8A-19. Variances to allow additional time for compliance.
The conservation districts or permit-issuing authority may, in carrying out their responsibilities under this chapter, grant a variance to any land disturber to allow additional time in meeting the requirements of this chapter.
Source:
SL 1976, ch 242, §19.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 08A - Soil Erosion And Sediment Damage Control › Section 38-8A-20 - Petition to allege violation of chapter--Investigation and action by petitioned agency.

38-8A-20. Petition to allege violation of chapter--Investigation and action by petitioned agency.
Any person who is adversely affected by land-disturbing activities may file a petition with the conservation districts or with the permit-issuing authority having jurisdiction thereof, alleging a violation of this chapter. The petitioned agency shall investigate and determine the validity of the petition. The petitioned agency shall, within two months after receipt of the petition, take appropriate action and advise the petitioner of its disposition of his petition.
Source:
SL 1976, ch 242, §17.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 08A - Soil Erosion And Sediment Damage Control › Section 38-8A-21 - Injunctive or other relief to enforce chapter.

38-8A-21. Injunctive or other relief to enforce chapter.
Either a permit-issuing authority, or a district may, upon petition or its own volition, in the enforcement of its orders, commence an action in circuit court for an injunction or other appropriate relief to enforce the provisions of this chapter.
Source:
SL 1937, ch 19, §10; SDC 1939, §4.1512; SDCL, §38-8-84; SL 1976, ch 242, §18.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 08A - Soil Erosion And Sediment Damage Control › Section 38-8A-22 - Dust blowing and soil erosion--Owner or operator to prevent.

38-8A-22. Dust blowing and soil erosion--Owner or operator to prevent.
The owner or operator of real property in this state shall prevent dust blowing and soil erosion, as nearly as can be done, by practices which will prevent or minimize blowing dust and erosion of the soil. If dust blowing is evident, such practices shall include, to the extent practicable, leaving stubble residue on top of the soil.
Source:
SL 1984, ch 263, §1.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 08A - Soil Erosion And Sediment Damage Control › Section 38-8A-23 - Blowing soil--Investigation and order for prevention by conservation district board.

38-8A-23. Blowing soil--Investigation and order for prevention by conservation district board.
If the board of supervisors of any conservation district is advised, in writing, that soil is blowing from any land, or if any land in the county, roads or public property is being damaged, as the result of blowing soil, the board shall inspect the land. If the board finds soil is blowing from the land in excess of local conservation district standards to the point that it is injurious to other land, roads or public property, the board shall determine what can be done to prevent or lessen the blowing of soil from the land. If the board finds, after consulting with the State Conservation Commission, if appropriate, that the blowing can be prevented or lessened by treatment of the soil, the board shall issue an order to the owner of record, and to the operator, if known to the board, stating the treatment required, and the date the treatment is to be started and completed.
Source:
SL 1984, ch 263, §2.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 08A - Soil Erosion And Sediment Damage Control › Section 38-8A-24 - Emergency orders--Issuance--Posting.

38-8A-24. Emergency orders--Issuance--Posting.
Upon a finding by the board of supervisors that an emergency exists, the board of supervisors shall notify the county commissioners who shall issue an order to each of the persons at the address shown on the records of the county director of equalization. The order shall be issued by registered mail or as provided by the South Dakota Rules of Civil Procedure for the service of summons. The order shall also be posted in a public place in the county courthouse in the county in which the land is located.
Source:
SL 1984, ch 263, §3.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 08A - Soil Erosion And Sediment Damage Control › Section 38-8A-25 - Preventive treatment--Grounds for performance by conservation district board.

38-8A-25. Preventive treatment--Grounds for performance by conservation district board.
The board may perform the treatment ordered pursuant to §38-8A-24 if the person named in the order fails to commence treatment within three days from the date of mailing, posting, or serving of notice, or at a later time specified by the order. The board may also perform the treatment if:
(1)The treatment is not performed in the manner and to the extent specified;
(2)Prior to the expiration date fixed in the order, the person named in the order advises the board he cannot or does not intend to accomplish the work.
Source:
SL 1984, ch 263, §4.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 08A - Soil Erosion And Sediment Damage Control › Section 38-8A-26 - Assessment against land treated by board--Promulgation of rules.

38-8A-26. Assessment against land treated by board--Promulgation of rules.
Upon the completion of the treatment performed pursuant to §38-8A-25, the board of supervisors shall determine the land so benefited and notify the board of county commissioners, who shall assess against that land the cost of the treatment. The assessment may be made only against that portion of any tract of land which is the source of the wind or soil erosion.
Except as otherwise provided in this section, the assessment may not exceed the actual cost of the treatment or thirty-seven dollars per acre, whichever is less.
Beginning January 1, 2021, the commission may, by rules promulgated in accordance with chapter 1-26, annually increase the maximum assessment per acre authorized by this section by the lesser of:
(1)Three percent; or
(2)The rate of inflation for the preceding calendar year, as established by the United States Department of Labor Bureau of Labor Statistics.
The resolution of assessment shall be recorded in the minutes of the board of county commissioners, the original delivered by the clerk of the board to the county director of equalization, and a copy sent by registered mail to the landowner at the address shown on the records of the county director of equalization and to the operator.
Source:
SL 1984, ch 263, §5; SL 2020, ch 177, § 1.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 08A - Soil Erosion And Sediment Damage Control › Section 38-8A-27 - Disposition of assessment collections--Collection fee prohibited.

38-8A-27. Disposition of assessment collections--Collection fee prohibited.
All amounts collected shall be transmitted to the county treasurer, who shall credit the money to the local conservation district. The county treasurer may not collect any fees for the collection of the assessments.
Source:
SL 1984, ch 263, §6.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 08A - Soil Erosion And Sediment Damage Control › Section 38-8A-28 - Cooperation with federal, state, and local agencies to prevent erosion.

38-8A-28. Cooperation with federal, state, and local agencies to prevent erosion.
The board of supervisors of any conservation district where land is being eroded may enter into any agreement with the federal government or any agency thereof, the State of South Dakota or any agency thereof, or any other conservation district, or other county or counties, for cooperation in preventing or attempting to prevent soil erosion by wind.
Source:
SL 1984, ch 263, §7.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 08A - Soil Erosion And Sediment Damage Control › Section 38-8A-29 - Annual report of violations.

38-8A-29. Annual report of violations.
The conservation districts shall file with the Conservation Commission an itemized annual report noting the number and nature of violations of this chapter. The report shall be filed within sixty days after the end of the conservation district's fiscal year.
Source:
SL 1997, ch 226, §7.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 10 - Wheat Development And Promotion › Section 38-10-1 - Policy of state.

38-10-1. Policy of state.
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 established by §38-10-3 shall be the agency of the State of South Dakota for such purpose.
Source:
SL 1961, ch 11, §9.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 10 - Wheat Development And Promotion › Section 38-10-2 - Definition of terms.

38-10-2. Definition of terms.
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 commission," the Wheat Utilization, Research and Market Development Commission;
(3)"First purchaser," any person, public or private corporation, or partnership buying, accepting for shipment (either in state or out of state), or otherwise acquiring the property in or to wheat from a grower. The term includes a mortgagee, pledgee, lienor, or other person, public or private, having a claim against the grower, if the actual or constructive possession of the wheat is taken as part payment or in satisfaction of the mortgage, pledge, lien, or claim;
(4)"Grower," anyone personally engaged in growing wheat, including both the owner and tenant jointly, a person, partnership, limited liability company, association, corporation, cooperative, trust, sharecropper, and any other business units, devices, and arrangements;
(5)"Participating grower," a grower who has not requested a refund from the payment of the promotional fee for the past three years; and
(6)"Net market price," the sale price received by a grower for wheat after adjustment for any premium or discount based on grading or quality factors.
Source:
SL 1961, ch 11, §3; SL 1993, ch 302, §1; SL 1994, ch 351, §90; SL 2014, ch 193, §1.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 10 - Wheat Development And Promotion › Section 38-10-3 - Wheat commission--Members--Terms of office.

38-10-3. Wheat commission--Members--Terms of office.
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 Governor. Nominations for appointments shall be submitted to the Governor by wheat producers of the state.
The terms of members begin on October thirty-first of the calendar year in which the Governor appoints the member, unless otherwise designated by the Governor. The appointee's term is for three years and expires on October thirtieth in the third year of appointment.
Source:
SL 1961, ch 11, §§2, 4 (4); SL 1993, ch 302, §2; SL 2012, ch 16, §23; SL 2013, ch 176, §16; SL 2015, ch 203, §12.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 10 - Wheat Development And Promotion › Section 38-10-3.1 - Independent functions retained by commission.

38-10-3.1. Independent functions retained by commission.
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.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 10 - Wheat Development And Promotion › Section 38-10-4 - Qualifications of appointive members of commission.

38-10-4. Qualifications of appointive members of commission.
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;
(4)Derive a substantial portion of their income from growing wheat; and
(5)Are participating growers.
Source:
SL 1961, ch 11, §4 (2); SL 1993, ch 302, §4.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 10 - Wheat Development And Promotion › Section 38-10-5 - Supervision of executive director.

38-10-5. Supervision of executive director.
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 Utilization, Research and Market Development Commission.
Source:
SL 1961, ch 11, §4 (1); SL 1973, ch 2, §134; SL 1993, ch 302, §5; SL 2013, ch 193, §1.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 10 - Wheat Development And Promotion › Section 38-10-6 - Areas represented by appointive members of commission.

38-10-6. Areas represented by appointive members of commission.
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 in that area of the State of South Dakota east of the Missouri River; and one member shall be selected as a member at large from the State of South Dakota. Members shall be selected with regard to representation of wheat classes and production in the state.
Source:
SL 1961, ch 11, §4 (3); SL 1993, ch 302, §6.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 10 - Wheat Development And Promotion › Section 38-10-7 - Terms of office of appointive members of commission--Vacancies.

38-10-7. Terms of office of appointive members of commission--Vacancies.
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 before the expiration of the term of a member separated from the commission for any cause, shall be appointed for the remainder of the term of the member whose office has been so vacated. No member may serve for more than four consecutive terms.
Source:
SL 1961, ch 11, §5; SL 1993, ch 302, §7.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 10 - Wheat Development And Promotion › Section 38-10-8 - Removal of wheat commission member.

38-10-8. Removal of wheat commission member.
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 deemed sufficient cause for removal from office.
Source:
SL 1961, ch 11, §7.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 10 - Wheat Development And Promotion › Section 38-10-9 - Ex officio members of wheat commission--No vote.

38-10-9. Ex officio members of wheat commission--No vote.
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 having a vote on the commission.
Source: SL 1961, ch 11, §4 (2) (e); SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 10 - Wheat Development And Promotion › Section 38-10-11 - Officers of wheat commission--Meetings.

38-10-11. Officers of wheat commission--Meetings.
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 11, §8.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 10 - Wheat Development And Promotion › Section 38-10-12 - Appointment of executive director--Compensation.

38-10-12. Appointment of executive director--Compensation.
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 §38-10-14. The executive director may not be one of the appointed commission members.
Source:
SL 1961, ch 11, §2; SL 1973, ch 2, §134; SDCL Supp, §38-10-3.1; SL 1993, ch 302, §8; SL 2013, ch 193, §2.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 10 - Wheat Development And Promotion › Section 38-10-14 - Powers of commission.

38-10-14. Powers of commission.
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 guidelines;
(3)Lease, purchase, own, equip, maintain, operate, and dispose of equipment in the commission office;
(4)Accept donations of funds, property, services, and other assistance from public, private, and other sources for the purpose of aiding and promoting the work and objectives of the commission;
(5)Appoint an attorney who shall act for the commission when needed;
(6)Establish an administrative office for the wheat commission in the State of South Dakota at a place suitable for the furtherance of this chapter.
Source:
SL 1961, ch 11, §10; SL 1993, ch 302, §10; SL 2012, ch 23, §99; SL 2013, ch 193, §3.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 10 - Wheat Development And Promotion › Section 38-10-15 - Formulation of general policies and programs for wheat promotion.

38-10-15. Formulation of general policies and programs for wheat promotion.
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 industries for the utilization of wheat grown within the State of South Dakota.
Source:
SL 1961, ch 11, §9 (1).
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 10 - Wheat Development And Promotion › Section 38-10-16 - Wheat research and market development.

38-10-16. Wheat research and market development.
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.
Source:
SL 1961, ch 11, §9 (5); SL 1993, ch 302, §11.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 10 - Wheat Development And Promotion › Section 38-10-17 - Research restricted to cooperation with other agencies.

38-10-17. Research restricted to cooperation with other agencies.
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 chapter.
Source:
SL 1961, ch 11, §19.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 10 - Wheat Development And Promotion › Section 38-10-18 - Education and publicity program.

38-10-18. Education and publicity program.
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).
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 10 - Wheat Development And Promotion › Section 38-10-19 - Cooperation with public and private organizations--Contracts.

38-10-19. Cooperation with public and private organizations--Contracts.
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 may be necessary.
Source:
SL 1961, ch 11, §9 (3); SL 1993, ch 302, §12.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 10 - Wheat Development And Promotion › Section 38-10-20 - Rules and regulations adopted by commission.

38-10-20. Rules and regulations adopted by commission.
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 either in-state or out-of-state;
(3)The procedures for obtaining a refund of the fee; and
(4)The procedures for collecting delinquent fees and assessing penalties.
Source:
SL 1961, ch 11, §9(4); SL 1986, ch 326, §14.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 10 - Wheat Development And Promotion › Section 38-10-22 - Promotional fee on wheat sold through commercial channels--Collection from first purchaser.

38-10-22. Promotional fee on wheat sold through commercial channels--Collection from first purchaser.
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 delivery, and shall be collected and remitted by the first purchaser in the manner described by the commission pursuant to administrative rules promulgated pursuant to chapter 1-26. No wheat is subject to the fee more than once.
Source:
SL 1961, ch 11, §11; SL 1979, ch 264, §1; SL 1985, ch 309, §1; SL 1988, ch 311; SL 1990, ch 318, §1; SL 2005, ch 210, §1; SL 2014, ch 193, §2.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 10 - Wheat Development And Promotion › Section 38-10-23 - Sales to federal government exempt from fee.

38-10-23. Sales to federal government exempt from fee.
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 Constitution of the United States and laws enacted pursuant thereto.
Source:
SL 1961, ch 11, §14.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 10 - Wheat Development And Promotion › Section 38-10-24 - Fee applicable to wheat stored or sold outside state--Collection from grower.

38-10-24. Fee applicable to wheat stored or sold outside state--Collection from grower.
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 fee to the wheat commission, as provided in administrative rules promulgated pursuant to chapter 1-26 on all wheat so sold by him outside the state.
Source:
SL 1961, ch 11, §13; SL 1993, ch 302, §13.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 10 - Wheat Development And Promotion › Section 38-10-25 - Proof of purchase delivered by purchaser to grower--Contents.

38-10-25. Proof of purchase delivered by purchaser to grower--Contents.
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 address of the purchaser;
(3)The number of bushels of wheat sold;
(4)The date of the purchase; and
(5)The net market price.
Source:
SL 1961, ch 11, §15 (1); SL 1990, ch 318, §2; SL 2014, ch 193, §3.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 10 - Wheat Development And Promotion › Section 38-10-26 - Alteration of proof of purchase documents as misdemeanor.

38-10-26. Alteration of proof of purchase documents as misdemeanor.
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 misdemeanor.
Source:
SL 1961, ch 11, §15 (4); SL 1977, ch 190, §302; SL 1993, ch 302, §14.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 10 - Wheat Development And Promotion › Section 38-10-27 - Quarterly reports by wheat purchasers--Payment of fee.

38-10-27. Quarterly reports by wheat purchasers--Payment of fee.
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 and the amount of fee being remitted. If no wheat was purchased, that information shall be so listed on the report.
Source:
SL 1961, ch 11, §15 (2); SL 1979, ch 264, §2; SL 1990, ch 318, §3.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 10 - Wheat Development And Promotion › Section 38-10-28 - Fee deducted when loan made by federal agency--Federal forms accepted in lieu of invoice.

38-10-28. Fee deducted when loan made by federal agency--Federal forms accepted in lieu of invoice.
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 government, and producer's note and loan agreement (commodity loan Form B) or producer's note and supplemental loan agreement (commodity loan Form A) or delivery instructions (commodity purchaser Form 3) issued by the federal agency to the grower are hereby approved as fulfilling the requirements for invoices, and the forms herein approved shall be deemed to constitute proof of payment of such promotional fee on the wheat listed thereon.
Source:
SL 1961, ch 11, §12 (1).
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 10 - Wheat Development And Promotion › Section 38-10-29 - Supplemental and alternate forms used by commodity credit corporation.

38-10-29. Supplemental and alternate forms used by commodity credit corporation.
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).