reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 27 - Oilseeds Council And Assessments › Section 38-27-3 - Necessity, purposes, and objectives for council.

38-27-3. Necessity, purposes, and objectives for council.
The production, development, marketing, and promotion of sunflowers, safflowers, canola, and flax in South Dakota is important to the general welfare of the people of South Dakota. It is in the public interest that better methods of production, processing, and marketing of sunflowers, safflowers, canola, and flax be developed and that advertising and promoting of sunflowers, safflowers, canola, and flax grown in South Dakota be fostered, encouraged, developed, and improved so the sunflower, safflower, canola, and flax industries within the state, the people directly or indirectly employed by these industries and the people of South Dakota should be benefited thereby, the accomplishment of which requires and demands the establishment of a South Dakota Oilseeds Council for the purposes and with the objectives of contributing to the stabilization and improvement of the agricultural economy of this state.
Source:
SL 1980, ch 273, §1; SL 1989, ch 346, §3.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 27 - Oilseeds Council And Assessments › Section 38-27-4 - Terms of members--Vacancies.

38-27-4. Terms of members--Vacancies.
The term of the members shall be for a period of four years, provided that the initial appointments shall be for staggered terms. If a member ceases to be a participating grower, the secretary of agriculture and natural resources 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 1980, ch 273, §4; SL 2010, ch 201, §3; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 27 - Oilseeds Council And Assessments › Section 38-27-5 - Officers--Quorum--Meetings.

38-27-5. Officers--Quorum--Meetings.
The oilseeds council shall annually elect a chairman and vice-chairman. A majority of voting members constitutes a quorum. All meetings of the council shall be called by the chairman except special meetings may be called by five members of the council. The council shall adopt procedures for the calling of special meetings.
Source:
SL 1980, ch 273, §5; SL 1989, ch 346, §4.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 27 - Oilseeds Council And Assessments › Section 38-27-6 - Compensation of members.

38-27-6. Compensation of members.
Compensation for the oilseeds council shall be paid pursuant to §4-7-10.4. The compensation of the secretary shall be paid by funds of the Department of Agriculture and Natural Resources.
Source: SL 1980, ch 273, §6; SL 1982, ch 17, §31; SL 1989, ch 346, §5; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 27 - Oilseeds Council And Assessments › Section 38-27-7 - Oilseeds fund--Expenditures.

38-27-7. Oilseeds fund--Expenditures.
Funds collected pursuant to this chapter shall be deposited with the state treasurer in a special fund known as the "oilseeds fund." Any funds remaining in the "sunflower fund" shall be transferred to the "oilseeds fund" upon implementation of the new fund. Expenditures of these funds shall be made in accordance with the provisions of chapter 4-7.
Source:
SL 1980, ch 273, §7; SL 1989, ch 346, §6.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 27 - Oilseeds Council And Assessments › Section 38-27-8 - Powers of council.

38-27-8. Powers of council.
In the administration of this chapter, the oilseeds council may:
(1)Contract and cooperate with any person or with any governmental department or agency for research, education, 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 1980, ch 273, §8; SL 1989, ch 346, §7.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 27 - Oilseeds Council And Assessments › Section 38-27-8.1 - Promulgation of rules.

38-27-8.1. Promulgation of rules.
The council may promulgate rules pursuant to chapter 1-26 concerning:
(1)The procedures for obtaining a declaratory ruling;
(2)The procedures for assessments collected for sunflowers, safflowers, canola, or flax 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 1986, ch 326, §58; SL 1989, ch 346, §8.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 27 - Oilseeds Council And Assessments › Section 38-27-9 - Supplementary nature of chapter--Agriculture and natural resources department and other agency functions not limited.

38-27-9. Supplementary nature of chapter--Agriculture and natural resources department and other agency functions not limited.
This chapter does not abrogate or limit in any way the rights, powers, duties, and functions of the Department of Agriculture and Natural Resources or any other agency of the state, but is supplementary to and in aid and cooperation with such rights, powers, duties, and functions.
Source: SL 1980, ch 273, §1; SL 2010, ch 201, §4; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 27 - Oilseeds Council And Assessments › Section 38-27-11 - Assessment on sunflowers, safflowers, canola, and flax grown or sold--Rate.

38-27-11. Assessment on sunflowers, safflowers, canola, and flax grown or sold--Rate.
An assessment at the rate of four cents per hundredweight shall be levied and imposed upon all sunflowers, safflowers, and canola grown in the state or sold to a first purchaser, and an assessment at the rate of one cent per bushel shall be levied and imposed upon all flax grown in the state or sold to a first purchaser. The assessment is due upon any identifiable lot or quantity of sunflowers, safflowers, canola, or flax.
Source:
SL 1980, ch 273, §9; SL 1983, ch 284; SL 1985, ch 314, §2; SL 1989, ch 346, §10; SL 1998, ch 249, §1; SL 2010, ch 201, §5.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 27 - Oilseeds Council And Assessments › Section 38-27-12 - Collection of assessment by deduction from purchase price.

38-27-12. Collection of assessment by deduction from purchase price.
Any first purchaser of sunflowers, safflowers, canola, or flax 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 all sunflowers, safflowers, canola, or flax subject to the assessment and purchased by the first purchaser.
Source:
SL 1980, ch 273, §10; SL 1985, ch 314, §3; SL 1989, ch 346, §11.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 27 - Oilseeds Council And Assessments › Section 38-27-13 - Filing by first purchaser required.

38-27-13. Filing by first purchaser required.
Any first purchaser of sunflowers, safflowers, canola, or flax shall file an application or affidavit with the oilseeds council on forms prescribed and furnished by the council. The application or affidavit shall contain the name under which the first purchaser is transacting business within the state, the first purchaser's place of business, and the location of loading places of the first purchaser.
Source:
SL 1980, ch 273, §11; SL 1985, ch 314, §4; SL 1989, ch 346, §12; SL 2010, ch 201, §6.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 27 - Oilseeds Council And Assessments › Section 38-27-14 - Records and reports--Remittance of assessment.

38-27-14. Records and reports--Remittance of assessment.
Any first purchaser shall keep a permanent record of all purchases by the first purchaser of raw sunflowers, safflowers, canola, or flax, which may be examined by the oilseeds council at any reasonable time. The first purchaser shall report to the council stating the quantity of sunflowers, safflowers, canola, or flax 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 rules promulgated pursuant to chapter 1-26.
Source:
SL 1980, ch 273, §12; SL 1985, ch 314, §5; SL 1989, ch 346, §13; SL 2010, ch 201, §7.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 27 - Oilseeds Council And Assessments › Section 38-27-15 - Enforcing collection of assessment.

38-27-15. Enforcing collection of assessment.
If any first purchaser fails to pay the assessment provided in this chapter the oilseeds council may enforce collection in any appropriate court within this state.
Source:
SL 1980, ch 273, §16; SL 1985, ch 314, §6; SL 1989, ch 346, §14.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 27 - Oilseeds Council And Assessments › Section 38-27-16 - Refunds--Applications.

38-27-16. Refunds--Applications.
Any grower subject to the assessment provided in this chapter, within sixty days following the assessment, may make application to the oilseeds 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. However, a grower, for any reason, having paid the assessment more than once on the same sunflowers, safflowers, canola, or flax, upon furnishing proof of this to the council, is entitled to a refund of the overpayment.
Source:
SL 1980, ch 273, §13; SL 1985, ch 314, §7; SL 1986, ch 336; SL 1989, ch 346, §15; SL 1990, ch 322.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 27 - Oilseeds Council And Assessments › Section 38-27-17 - Council to provide refund information.

38-27-17. Council to provide refund information.
The oilseeds council, to inform the grower, shall develop and disseminate information and instructions relating to the purpose of the oilseeds assessment and 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 sunflowers, safflowers, canola, or flax.
Source:
SL 1980, ch 273, §14; SL 1989, ch 346, §16.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 27 - Oilseeds Council And Assessments › Section 38-27-19 - Council may contract with Public Utilities Commission to inspect assessment and checkoff records.

38-27-19. 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, §2; SL 2009, ch 196, §2.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 29 - Soybean Research And Promotion Council › Section 38-29-1 - Definitions.

38-29-1. Definitions.
Terms used in this chapter, unless the context plainly otherwise requires, mean:
(1)"Council," the South Dakota Soybean Research and Promotion Council;
(2)"First purchaser," any person who initially places soybeans, whether as an owner or agent, into the channels of trade and commerce, or who is engaged in the processing of soybeans into any form. However, a grower who sells unharvested soybeans, or delivers soybeans from the farm on which they are produced to storage facilities, packing shed, or processing plant, within the state, is not a first purchaser;
(3)"Grower," any person who plants, raises, and harvests soybeans from more than ten acres;
(4)"Participating grower," a grower who has not requested a refund from the payment of assessments on soybean production under this chapter for a particular year and any person who owns or operates an agricultural producing or growing facility for soybeans and shares in the profits and risks of loss from such operation, and who produces soybeans in South Dakota during the current or preceding marketing year;
(5)"Secretary," the secretary of the South Dakota Department of Agriculture and Natural Resources;
(6)"Soybean," all varieties of soybeans marketed or harvested within the state;
(7)"Net market price," the sale price received by a producer for soybeans after adjustments for any premium or discount based on grading or quality factors.
Source: SL 1984, ch 267, §1; SL 1985, ch 314, §8; SL 2007, ch 229, §1; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 29 - Soybean Research And Promotion Council › Section 38-29-2 - Soybean Research and Promotion Council--Establishment--Members--Terms.

38-29-2. Soybean Research and Promotion Council--Establishment--Members--Terms.
There is hereby established a South Dakota Soybean Research and Promotion Council. The council shall be composed of at least five but no more than nine members who shall be participating growers. The initial members shall be appointed by the secretary of agriculture and natural resources. Any additional members authorized pursuant to this section shall be appointed by the secretary of agriculture and natural resources. The terms of members shall be three years; the initial appointments shall be for staggered terms. However, the secretary shall be an ex officio, nonvoting member of the council.
Source: SL 1984, ch 267, §2; SL 1992, ch 285, §1; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 29 - Soybean Research And Promotion Council › Section 38-29-3 - Election of members.

38-29-3. Election of members.
Successors to the initial members and to any additional members appointed pursuant to §38-29-2 shall be elected by the participating growers under rules promulgated pursuant to chapter 1-26 by the secretary of agriculture and natural resources.
Source: SL 1984, ch 267, §3; SL 1992, ch 285, §2; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 29 - Soybean Research And Promotion Council › Section 38-29-4 - Vacancies--Appointments to fill.

38-29-4. Vacancies--Appointments to fill.
If a member of the council ceases to be a participating grower, dies or resigns from office prior to the expiration of his term, the secretary of agriculture and natural resources shall appoint a successor for the balance of the term of office vacated.
Source: SL 1984, ch 267, §4; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 29 - Soybean Research And Promotion Council › Section 38-29-5 - Officers--Quorum--Meetings.

38-29-5. Officers--Quorum--Meetings.
The soybean research and promotion council shall annually elect a chairman and vice-chairman. A majority of voting members shall constitute a quorum. All meetings of the council shall be called by the chairman except special meetings may be called by three members of the council. The council shall adopt procedures for the calling of special meetings.
Source:
SL 1984, ch 267, §5.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 29 - Soybean Research And Promotion Council › Section 38-29-6 - Checkoff fees deposited into special fund--Appropriation--Expenditures.

38-29-6. Checkoff fees deposited into special fund--Appropriation--Expenditures.
Moneys collected from checkoff fees shall be deposited in a special revolving fund created in the state treasury and shall be continuously appropriated to the soybean research and promotion council. Expenditures of these funds shall be made in accordance with the provisions of Title 4.
Source:
SL 1984, ch 267, §6.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 29 - Soybean Research And Promotion Council › Section 38-29-7 - Powers of council.

38-29-7. Powers of council.
The Soybean Research and Promotion Council may:
(1)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, education, and transportation;
(2)Expend the funds collected pursuant to this chapter and appropriated for its administration;
(3)Appoint, bond, 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 council;
(5)Lease, purchase, own, maintain, operate, and dispose of equipment and supplies necessary to carry out the provisions of this chapter;
(6)Formulate policies and programs regarding the discovery, promotion, and development of markets and industries for the use of soybeans grown within the state.
Source:
SL 1984, ch 267, §7; SL 1995, ch 233, §1; SL 2007, ch 229, §2.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 29 - Soybean Research And Promotion Council › Section 38-29-7.1 - Promulgation of rules.

38-29-7.1. Promulgation of rules.
The council may promulgate rules pursuant to chapter 1-26 concerning:
(1)The procedures for obtaining a declaratory ruling;
(2)The procedures for assessments collected for soybeans 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;
(5)The record-keeping and reporting requirements of first purchasers; and
(6)The requirements governing grants and loans made pursuant to §38-29-7, including eligibility requirements and requirements for application, awards, and administration.
Source:
SL 1986, ch 326, §59; SL 1995, ch 233, §2.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 29 - Soybean Research And Promotion Council › Section 38-29-8 - Assessment on soybeans grown in state or sold to first purchaser within state--Rate--Exemption for organic soybeans.

38-29-8. Assessment on soybeans grown in state or sold to first purchaser within state--Rate--Exemption for organic soybeans.
An assessment at the rate of one-half of one percent of the value of the net market price is imposed by the soybean research and promotion council upon all soybeans grown in the state or sold to a first purchaser within the state. This assessment is due upon any identifiable lot or quantity of soybeans. Any soybean producer operating under a national organic program approved by the United States Department of Agriculture who produces and markets only commodities that may be labeled, one hundred percent organic, is eligible for exemption from paying the soybean assessment.
Source:
SL 1984, ch 267, §8; SL 1985, ch 314, §9; SL 1985, ch 315; SL 2007, ch 229, §3.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 29 - Soybean Research And Promotion Council › Section 38-29-9 - Collection of assessment.

38-29-9. Collection of assessment.
Any first purchaser of soybeans shall collect the assessment imposed by this chapter by deducting the assessment from the purchase price of all soybeans subject to the assessment and purchased by the first purchaser.
Source:
SL 1984, ch 267, §9; SL 1985, ch 314, §10.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 29 - Soybean Research And Promotion Council › Section 38-29-9.1 - Assessment conditioned on repeal of National Soybean Promotion, Research, and Consumer Information Act.

38-29-9.1. Assessment conditioned on repeal of National Soybean Promotion, Research, and Consumer Information Act.
The assessment authorized pursuant to §§38-29-8 and 38-29-9 may be imposed and collected only if the National Soybean Promotion, Research, and Consumer Information Act, 7 U.S.C. §§6301-6311, as amended to January 1, 2007, is repealed.
Source:
SL 2007, ch 229, §6.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 29 - Soybean Research And Promotion Council › Section 38-29-10 - Application by first purchaser required.

38-29-10. Application by first purchaser required.
Any first purchaser of soybeans shall file an application with the Soybean Research and Promotion Council on forms prescribed and furnished by the council which shall contain the name under which the first purchaser is transacting business within the state, his place of business and the location of loading places of the first purchaser.
Source:
SL 1984, ch 267, §10; SL 1985, ch 314, §11.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 29 - Soybean Research And Promotion Council › Section 38-29-11 - Records and reports--Remittance of assessment.

38-29-11. Records and reports--Remittance of assessment.
Any first purchaser shall keep as a part of his permanent records a record of all purchases of raw soybeans, which may be examined by the soybean research and promotion council at any reasonable time. Every first purchaser shall report to the council stating the quantity of soybeans received by him. 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 1984, ch 267, §11; SL 1985, ch 314, §12.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 29 - Soybean Research And Promotion Council › Section 38-29-11.1 - Enforcement against first purchaser failing to remit assessments.

38-29-11.1. Enforcement against first purchaser failing to remit assessments.
If a first purchaser fails to remit the assessment provided in this chapter, the soybean council may enforce collection in any appropriate court within this state.
Source:
SL 1985, ch 314, §14.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 29 - Soybean Research And Promotion Council › Section 38-29-13 - Information and instructions to be disseminated by council.

38-29-13. Information and instructions to be disseminated by council.
The Soybean Research and Promotion Council, to inform the grower, shall develop and disseminate information and instructions relating to the purpose of the soybean assessment and to this extent shall cooperate with governmental agencies, state and federal, and private businesses engaged in the purchase of soybeans.
Source:
SL 1984, ch 267, §13; SL 2007, ch 229, §5.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 29 - Soybean Research And Promotion Council › Section 38-29-14 - Council may contract with Public Utilities Commission to inspect assessment and checkoff records.

38-29-14. 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, §3; SL 2009, ch 196, §3.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 32 - Corn Utilization Council › Section 38-32-1 - Definitions.

38-32-1. Definitions.
Terms used in this chapter mean:
(1)"Bushel," fifty-six pounds of corn by weight;
(2)"Corn," all varieties of corn marketed within the state except sweet corn, popcorn, or seed corn;
(3)"Council," the South Dakota Corn Utilization Council;
(4)"First purchaser," any person who buys, accepts for shipment, or otherwise acquires corn from a grower, except any mortgagee, pledgee, lienor, or other person having a claim against a grower if actual or constructive possession of such corn is taken as partial payment or in satisfaction of such mortgage, pledge, lien, or claim. However, first purchaser does not include sales between growers not for resale;
(5)"Grower," any person who plants, raises, and harvests corn;
(6)"Participating grower," a grower who has not requested a refund from the payment of assessments on corn production under this chapter for a particular year, and any person who owns or operates an agricultural producing or growing facility for corn and shares in the profits and risks of loss from such operation, and who produces corn in South Dakota during the current or preceding marketing year;
(7)"Secretary," the secretary of the South Dakota Department of Agriculture and Natural Resources.
Source: SL 1988, ch 318, §1; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 32 - Corn Utilization Council › Section 38-32-2 - Corn utilization council established--Composition--Election--Secretary.

38-32-2. Corn utilization council established--Composition--Election--Secretary.
There is hereby established a South Dakota Corn Utilization Council. The council shall be composed of nine directors who shall be participating growers. The directors shall be elected by participating growers. The secretary shall be an ex officio, nonvoting director of the council.
Source:
SL 1988, ch 318, §2; SL 1991, ch 328, §1; SL 2010, ch 202, §1.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 32 - Corn Utilization Council › Section 38-32-3.1 - Election procedure when director's term is to expire--Polling location--No election if only one nominee.

38-32-3.1. Election procedure when director's term is to expire--Polling location--No election if only one nominee.
An election shall be held in each district in which a director's term is to expire. The election date and time shall be determined by the council but shall be between January first to February fifteenth, inclusive, closest to the pending vacancy's expiration date. The election shall be by official ballot, which shall be made available at the polling location. The council shall designate at least one polling location in each county within the district. The principal polling location in the county shall be at the county office of the Cooperative Extension Service of South Dakota State University, if available, or at a place specified by the council. If only one candidate is nominated in a district, no election is required in the district, and the council shall declare the nominee as elected and shall provide the nominee with a certificate of election pursuant to §38-32-8.
Source:
SL 1991, ch 328, §5.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 32 - Corn Utilization Council › Section 38-32-3.2 - Absentee voting.

38-32-3.2. Absentee voting.
If voting at the designated time and place would cause a hardship on any eligible voter, the council shall allow for absentee voting on forms, and in a manner, prescribed in rule by the council. Absentee ballots shall be returned either to the council office no later than five calendar days prior to the day of the election or to the polling location prior to the close of the polls. The council shall ensure that any absentee ballot it has received within the deadline specified in this section is delivered to the appropriate polling place prior to the close of the polls. No absentee ballot that is received at the polling place after the close of the polls may be counted in the election results.
Source:
SL 1991, ch 328, §6.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 32 - Corn Utilization Council › Section 38-32-3.3 - Voting eligibility of participating growers--Affidavit.

38-32-3.3. Voting eligibility of participating growers--Affidavit.
To be eligible to vote in a district election, a participating grower as defined in §38-32-1 shall sign a participating grower affidavit at the time of voting. A husband and wife, a landlord and tenant, and a landowner and purchaser under a contract for deed which is of record in the office of the register of deeds in the county where the real property is situated are each entitled to vote for director, if they meet the requirements of §38-32-1. No individual, landlord, tenant, partnership, limited liability company, corporation, cooperative, association, or fiduciary may cast more than one vote per election even if operations are carried on in more than one council district. A participating grower may vote only in the council district in which he resides. A partnership, limited liability company, corporation, cooperative, or association resides in the council district where its principal place of business is located. A partnership, limited liability company, corporation, cooperative, or association shall attach a written authorization to the participating grower affidavit which indicates that the person casting the vote has been authorized to do so.
Source:
SL 1991, ch 328, §8; SL 1994, ch 351, §91.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 32 - Corn Utilization Council › Section 38-32-6 - Notice of subsequent elections.

38-32-6. Notice of subsequent elections.
Notice of subsequent elections for directors of the council in a district shall be given by the council by publication in a newspaper of general circulation in the district and in any other reasonable manner as may be determined by the council. More than one notice may be published, but at least one notice shall be published at least seven days, but no more than twenty-one days before the election. Any notice shall set forth the period of time for voting, voting places, provision for absentee balloting, and such other information as the council may deem necessary.
Source:
SL 1988, ch 318, §6; SL 1991, ch 328, §2.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 32 - Corn Utilization Council › Section 38-32-6.1 - Notice of pending expiration of term--Time--Required information.

38-32-6.1. Notice of pending expiration of term--Time--Required information.
The council shall publish at least once, in at least one newspaper of general circulation in each council district in which a director is to be elected, a notice of the pending expiration of the director's term. The notice shall be published at least twenty-one days, but no more than forty days, before the deadline for filing nominating petitions. The notice shall specify how nominating petition forms may be obtained, the time and place for filing nominating petitions and the time and place of the election.
Source:
SL 1991, ch 328, §3.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 32 - Corn Utilization Council › Section 38-32-7 - Receipt of highest number of votes by winning candidate--Terms of directors.

38-32-7. Receipt of highest number of votes by winning candidate--Terms of directors.
In any election held pursuant to this chapter, the candidate receiving the highest number of votes in the district shall be elected. Director terms shall be for three years and no director of the council may serve for more than two complete consecutive terms. The terms of office for the initial directors shall be determined by lot. One-third of the initial directors shall serve for one year, one-third of the initial directors shall serve for two years, and one-third of the initial directors shall serve for three years. Directors shall take office on March first of the year of the election.
Source:
SL 1988, ch 318, §7; SL 1991, ch 328, §7.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 32 - Corn Utilization Council › Section 38-32-8 - Administration of subsequent election--Election judges--Ballot security--Certification.

38-32-8. Administration of subsequent election--Election judges--Ballot security--Certification.
After election of the initial directors, the council shall administer subsequent elections for directors of the council with the assistance of the secretary. The council shall appoint in each county of the district a committee of three persons to serve as election judges. If the council is unable to appoint a full committee of election judges, the secretary shall appoint the judges. One of the election judges shall be the South Dakota State University Cooperative Extension Service agent, or acting agent, for the county, if available. The election judges shall be responsible for ballot security and count and shall deliver the ballots, the election results and a completed certification of election form to the council office or a designated representative. The election judges shall also be responsible for certifying that all who vote are eligible voters according to §38-32-3.3.
The council shall canvass the results of the election within fifteen days after certification and shall declare elected the person receiving the highest number of votes for each office. The council shall provide a certificate of election to each person declared elected.
Source:
SL 1988, ch 318, §8; SL 1991, ch 328, §9.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 32 - Corn Utilization Council › Section 38-32-9 - Districts from which directors elected.

38-32-9. Districts from which directors elected.
One director shall be elected from each of the following districts:
District Number
Counties Comprising District
I
Union, Clay, Yankton, Lincoln, Turner
II
Minnehaha, Moody, Lake, Miner
III
Brookings, Kingsbury, Hamlin, Deuel, Codington
IV
Clark, Day, Grant, Roberts, Marshall
V
Brown, McPherson, Campbell, Walworth, Corson, Perkins, Harding
VI
Spink, Faulk, Edmunds, Potter
VII
Aurora, Sanborn, Jerauld, Buffalo, Beadle, Hand, Hyde
VIII
Bon Homme, Hutchinson, Douglas, McCook, Hanson, Davison
IX
Charles Mix, Gregory, Brule, Lyman, Hughes, Sully, Dewey, Stanley, Jones, Tripp, Todd, Mellette, Ziebach, Haakon, Jackson, Bennett, Oglala Lakota, Fall River, Custer, Pennington, Meade, Lawrence, Butte
Source:
SL 1988, ch 318, §9; SL 2010, ch 202, §5; SL 2015, ch 56 (HJR 1005), eff. May 1, 2015.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 32 - Corn Utilization Council › Section 38-32-9.1 - Assignment of directors during transition.

38-32-9.1. Assignment of directors during transition.
Within sixty days of July 1, 2010, the council shall assign or reassign one director to each of the nine districts on the basis of residency and equity. Any director not so assigned or reassigned shall serve at large until the expiration of that director's term. During the transition interval, the council may, notwithstanding the provisions of §38-32-2, exceed nine directors.
Source:
SL 2010, ch 202, §7.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 32 - Corn Utilization Council › Section 38-32-10 - Vacancies.

38-32-10. Vacancies.
If a director of the council ceases to be a participating grower, dies or resigns from office prior to the expiration of his term, the council shall appoint, subject to approval by the secretary, a participating grower from the district for the balance of the unexpired term.
Source:
SL 1988, ch 318, §10; SL 1991, ch 328, §10.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 32 - Corn Utilization Council › Section 38-32-11 - President and officers--Quorum--Calling of meetings.

38-32-11. President and officers--Quorum--Calling of meetings.
The council shall annually elect a president and such other officers as are advisable and necessary to administer this chapter. A majority of voting directors shall constitute a quorum. All meetings of the council shall be called by the president. However, special meetings may be called by three directors of the council. The council shall adopt procedures for the calling of special meetings.
Source:
SL 1988, ch 318, §11; SL 2010, ch 202, §6.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 32 - Corn Utilization Council › Section 38-32-12 - Deposit of funds--Appropriation--Expenditures.

38-32-12. Deposit of funds--Appropriation--Expenditures.
Moneys collected from checkoff fees shall be deposited in a special revolving fund created in the state treasury and shall be continuously appropriated to the council. Expenditures of these funds shall be made in accordance with the provisions of Title 4.
Source:
SL 1988, ch 318, §12.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 32 - Corn Utilization Council › Section 38-32-13 - Powers of council.

38-32-13. Powers of council.
The council may, but is not limited to:
(1)Contract and cooperate with any person, organization, or with any governmental department or agency for market maintenance and expansion, research, education, transportation, and for the prevention, modification, or elimination of trade barriers which obstruct the free flow of corn and corn products to market;
(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 such personnel as it may deem 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 council.
Source:
SL 1988, ch 318, §13.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 32 - Corn Utilization Council › Section 38-32-14 - Promulgation of rules.

38-32-14. Promulgation of rules.
The council may promulgate rules pursuant to chapter 1-26 concerning:
(1)The procedures for obtaining a declaratory ruling;
(2)The procedures for assessments collected for corn sold to a first purchaser;
(3)The procedures for obtaining a refund of the assessment;
(4)The procedures for collecting delinquent assessments and assessing penalties;
(5)The record keeping and reporting requirements of first purchasers; and
(6)Procedures, forms, public notices, and other requirements for nominating director candidates and for conducting and certifying elections.
Source:
SL 1988, ch 318, §14; SL 1991, ch 328, §11.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 32 - Corn Utilization Council › Section 38-32-15 - Assessment on corn marketed to first purchaser within state.

38-32-15. Assessment on corn marketed to first purchaser within state.
An assessment of one cent per bushel is imposed by the council upon all corn marketed to a first purchaser within the state. This assessment shall be due upon any identifiable lot or quantity of corn. No assessment may be made until July 1, 1988.
Source:
SL 1988, ch 318, §15.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 32 - Corn Utilization Council › Section 38-32-16 - Deduction of assessment from purchase price.

38-32-16. Deduction of assessment from purchase price.
Every first purchaser of corn shall collect the assessment imposed by this chapter by deducting the assessment from the purchase price of all corn subject to the assessment and purchased by the first purchaser.
Source:
SL 1988, ch 318, §16.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 32 - Corn Utilization Council › Section 38-32-17 - Application to be filed by first purchaser--Contents.

38-32-17. Application to be filed by first purchaser--Contents.
Any first purchaser of corn shall file an application with the council on forms prescribed and furnished by the council which shall contain the name under which the first purchaser is transacting business within the state, place of business, and the location of loading places of the first purchaser.
Source:
SL 1988, ch 318, §17.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.