reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:07 - Agriculture enterprise programs › Chapter 12:07:16 - Agriculture finance counseling › Section 12:07:16:03 - Contracting of agriculture finance counselors

Current through Register Vol. 51, page 10, July 15, 2024
The office shall contract with persons to counsel clients in
	 agricultural finance.
General Authority:
SDCL
		38-6-8.1.
Law Implemented:
SDCL
		38-6-3,
		38-6-8.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:07 - Agriculture enterprise programs › Chapter 12:07:16 - Agriculture finance counseling › Section 12:07:16:04 - Eligibility for services

Current through Register Vol. 51, page 10, July 15, 2024
A farmer or rancher who is a resident of this state is eligible for
	 agriculture finance counseling services.
General Authority:
SDCL
		38-6-8.1.
Law Implemented:
SDCL
		38-6-3,
		38-6-8.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:07 - Agriculture enterprise programs › Chapter 12:07:16 - Agriculture finance counseling › Section 12:07:16:05 - Counseling fees

Current through Register Vol. 51, page 10, July 15, 2024
Agriculture finance counseling services are free to the
	 client.
General Authority:
SDCL
		38-6-8.1.
Law Implemented:
SDCL
		38-6-3,
		38-6-8.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:07 - Agriculture enterprise programs › Chapter 12:07:16 - Agriculture finance counseling › Section 12:07:16:06 - Provision of service

Current through Register Vol. 51, page 10, July 15, 2024
A farmer or rancher may call or write the office to request agriculture
	 finance counseling services. The office shall assign an agriculture finance
	 counselor to a farmer who requests services.
General Authority:
SDCL
		38-6-8.1.
Law Implemented:
SDCL
		38-6-3,
		38-6-8.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:07 - Agriculture enterprise programs › Chapter 12:07:17 › Section 12:07:17:01

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		38-6-8.1.
Law Implemented:
SDCL
		38-6-3,
		38-6-8.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:07 - Agriculture enterprise programs › Chapter 12:07:17 › Section 12:07:17:02

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		38-6-8.1.
Law Implemented:
SDCL
		38-6-3,
		38-6-8.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:07 - Agriculture enterprise programs › Chapter 12:07:17 › Section 12:07:17:03

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		38-6-8.1.
Law Implemented:
SDCL
		38-6-3,
		38-6-8.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:07 - Agriculture enterprise programs › Chapter 12:07:17 › Section 12:07:17:04

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		38-6-8.1.
Law Implemented:
SDCL
		38-6-3,
		38-6-8.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:07 - Agriculture enterprise programs › Chapter 12:07:17 › Section 12:07:17:05

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		38-6-8.1.
Law Implemented:
SDCL
		38-6-3,
		38-6-8.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:07 - Agriculture enterprise programs › Chapter 12:07:17 › Section 12:07:17:06

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		38-6-8.1.
Law Implemented:
SDCL
		38-6-3,
		38-6-8.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:07 - Agriculture enterprise programs › Chapter 12:07:17 › Section 12:07:17:07

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		38-6-8.1.
Law Implemented:
SDCL
		38-6-3,
		38-6-8.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:07 - Agriculture enterprise programs › Chapter 12:07:17 › Section 12:07:17:08

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		38-6-8.1.
Law Implemented:
SDCL
		38-6-3,
		38-6-8.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:07 - Agriculture enterprise programs › Chapter 12:07:17 › Section 12:07:17:09

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		38-6-8.1.
Law Implemented:
SDCL
		38-6-3,
		38-6-8.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:07 - Agriculture enterprise programs › Chapter 12:07:17 › Section 12:07:17:10

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		38-6-8.1.
Law Implemented:
SDCL
		38-6-3,
		38-6-8.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:07 - Agriculture enterprise programs › Chapter 12:07:17 › Section 12:07:17:11

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		38-6-8.1.
Law Implemented:
SDCL
		38-6-3,
		38-6-8.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:07 - Agriculture enterprise programs › Chapter 12:07:17 › Section 12:07:17:12

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		38-6-8.1.
Law Implemented:
SDCL
		38-6-3,
		38-6-8.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:07 - Agriculture enterprise programs › Chapter 12:07:17 › Section 12:07:17:13

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		38-6-8.1.
Law Implemented:
SDCL
		38-6-3,
		38-6-8.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:07 - Agriculture enterprise programs › Chapter 12:07:17 › Section 12:07:17:14

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		38-6-8.1.
Law Implemented:
SDCL
		38-6-3,
		38-6-8.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:07 - Agriculture enterprise programs › Chapter 12:07:17 › Section 12:07:17:15

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		38-6-8.1.
Law Implemented:
SDCL
		38-6-3,
		38-6-8.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:07 - Agriculture enterprise programs › Chapter 12:07:17 › Section 12:07:17:16

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		38-6-8.1.
Law Implemented:
SDCL
		38-6-3,
		38-6-8.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:07 - Agriculture enterprise programs › Chapter 12:07:17 › Section 12:07:17:17

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		38-6-8.1.
Law Implemented:
SDCL
		38-6-3,
		38-6-8.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:07 - Agriculture enterprise programs › Chapter 12:07:17 › Section 12:07:17:18

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		38-6-8.1.
Law Implemented:
SDCL
		38-6-3,
		38-6-8.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:07 - Agriculture enterprise programs › Chapter 12:07:17 › Section 12:07:17:19

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		38-6-8.1.
Law Implemented:
SDCL
		38-6-3,
		38-6-8.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:07 - Agriculture enterprise programs › Chapter 12:07:17 › Section 12:07:17:20

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		38-6-8.1.
Law Implemented:
SDCL
		38-6-3,
		38-6-8.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:07 - Agriculture enterprise programs › Chapter 12:07:18 - Farm link program › Section 12:07:18:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this chapter mean:
(1) "Administrator," the administrator of the
  agriculture enterprise program;
(2)
  "Directory," the directory of the farm link participants;
(3) "Office," the agricultural enterprise
  program, South Dakota Department of Agriculture; and
(4) "Participant," a farmer or rancher who
  participates in the farm link program.
General Authority:
SDCL
		38-1-43.
Law Implemented:
SDCL
		38-1-42,
		38-1-43.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:07 - Agriculture enterprise programs › Chapter 12:07:18 - Farm link program › Section 12:07:18:02 - Eligibility requirements

Current through Register Vol. 51, page 10, July 15, 2024
To be eligible for the farm link program, an applicant must meet the
	 following requirements:
(1) Seller: Be
  a current owner of a farm or ranch and be willing to sell an existing
  operation;
(2) Beginning farmer: Be
  a prospective beginning farmer or rancher who is willing to purchase a farm or
  ranch and who will materially and substantially participate in the operation of
  the farm or ranch and will become the primary owner and operator of a farm or
  ranch as a means of livelihood.
General Authority:
SDCL
		38-1-43.
Law Implemented:
SDCL
		38-1-42,
		38-1-43.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:07 - Agriculture enterprise programs › Chapter 12:07:18 - Farm link program › Section 12:07:18:03 - Program administration

Current through Register Vol. 51, page 10, July 15, 2024
The Department of Agriculture is responsible for computer input of
	 questionnaires and for dissemination of program information to farm
	 families.
General Authority:
SDCL
		38-1-43.
Law Implemented:
SDCL
		38-1-42,
		38-1-43.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:07 - Agriculture enterprise programs › Chapter 12:07:18 - Farm link program › Section 12:07:18:04 - Farm questionnaire

Current through Register Vol. 51, page 10, July 15, 2024
A prospective participant must complete a farm questionnaire and return
	 it to the office.
General Authority:
SDCL
		38-1-43.
Law Implemented:
SDCL
		38-1-42,
		38-1-43.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:07 - Agriculture enterprise programs › Chapter 12:07:18 - Farm link program › Section 12:07:18:05 - Farmlink directory

Current through Register Vol. 51, page 10, July 15, 2024
The administrator shall input farm questionnaires into a data base and
	 send the required information. Access to the farmlink directory by participants
	 may be made at the Department of Agriculture.
General Authority:
SDCL
		38-1-43.
Law Implemented:
SDCL
		38-1-42,
		38-1-43.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:07 - Agriculture enterprise programs › Chapter 12:07:20 - Stock purchase guaranty program › Section 12:07:20:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this chapter mean:
(1) "Lender," a federal or state-chartered
  bank, federal farm credit system, savings and loan association, building and
  loan association, mortgage company that is a part of a bank holding company,
  credit union, or an insurance company that is regulated by the National
  Association of Insurance Commissioners;
(2) "Guaranty," an agreement between the
  South Dakota Department of Agriculture and the lender by which the department
  agrees to be responsible for a percentage of the borrower's default;
  and
(3) "Producer-involved
  cooperative," a member owned and operated cooperative formed for the benefit of
  it's members and used or operated primarily for the purchasing, processing, or
  marketing of products from agricultural commodities or agricultural energy
  resources, including waste and residues from agricultural commodities. For
  purposes of this definition, "owned and operated" includes a contractual
  arrangement with another entity to provide management and operations services
  for a facility owned by the cooperative.
General Authority:
SDCL
		38-6-8.1.
Law Implemented:
SDCL
		38-6-3,
		38-6-8.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:07 - Agriculture enterprise programs › Chapter 12:07:20 - Stock purchase guaranty program › Section 12:07:20:02 - Purpose

Current through Register Vol. 51, page 10, July 15, 2024
The stock purchase guaranty program is designed to enable farmers and
	 ranchers the opportunity to invest in producer-involved cooperatives in South
	 Dakota.
General Authority:
SDCL
		38-6-8.1.
Law Implemented:
SDCL
		38-6-3,
		38-6-8.
Note:
This chapter also implements the Use Agreement
		entered into between the South Dakota Department of Agriculture and the United
		States Department of Agriculture, as amended to June 18,
		1997.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:07 - Agriculture enterprise programs › Chapter 12:07:20 - Stock purchase guaranty program › Section 12:07:20:03 - Eligibility requirements for producer-involved cooperative

Current through Register Vol. 51, page 10, July 15, 2024
To be eligible to purchase stock in a producer-involved cooperative,
	 the cooperative must meet the following requirements:
(1) Provide a business plan detailing
  business purpose, management experience, marketing plan, financial projections,
  and financial history if applicable;
(2) Have reasonable ability to succeed;
  and
(3) Be approved by the
  secretary.
General Authority:
SDCL
		38-6-8.1.
Law Implemented:
SDCL
		38-6-3,
		38-6-8.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:07 - Agriculture enterprise programs › Chapter 12:07:20 - Stock purchase guaranty program › Section 12:07:20:04 - Eligibility requirements for applicants

Current through Register Vol. 51, page 10, July 15, 2024
To be eligible for a stock purchase guaranty loan, an applicant must
	 meet the following requirements:
(1)
  If the applicant is an individual, the applicant must meet the following
  requirements:
(a) Be age 18 or
  older;
(b) Have principal residence
  and the majority of the farm or ranch operation located in South
  Dakota;
(c) Be a resident of this
  state at the time of loan closing;
(d) Have derived at least 60 percent of all
  gross income in the last tax year from farming or ranching. Applications not
  meeting this qualification may be accepted only if a waiver is obtained from
  the secretary. The secretary may issue a waiver for extraordinary circumstances
  such as illness or enrollment in a higher education institution or
  postsecondary technical institute or vocational school; and
(e) Be creditworthy according to the
  standards of the lender.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:07 - Agriculture enterprise programs › Chapter 12:07:20 - Stock purchase guaranty program › Section 12:07:20:05 - Eligibility requirements for lenders

Current through Register Vol. 51, page 10, July 15, 2024
To be eligible to participate in the stock purchase guaranty program, a
	 lender must meet the following minimum requirements:
(1) Make loans in or near the region or
  community where the applicant will be located, including those lenders in
  states contiguous to South Dakota, or maintains an office near enough to the
  location of the applicant to discharge its loan making and loan servicing
  responsibilities;
(2) Have
  experience in making agricultural loans and currently have an agricultural loan
  portfolio; and
(3) Be subject to
  credit examination and supervision either by an agency of the United States or
  this state.
General Authority:
SDCL
		38-6-8.1.
Law Implemented:
SDCL
		38-6-3,
		38-6-8.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:07 - Agriculture enterprise programs › Chapter 12:07:20 - Stock purchase guaranty program › Section 12:07:20:06 - Contents of application

Current through Register Vol. 51, page 10, July 15, 2024
The stock purchase guaranty application form shall include the
	 following:
(1) The requested amount of
  the loan;
(2) The
  purpose;
(3) Additional
  documentation, including the following information:
(a) A signed financial statement completed no
  more than 30 days prior to application;
(b) A repayment plan;
(c) Tax forms 1040 and 1040F for the two most
  recent tax years;
(d) A collateral
  summary;
(e) Other documents and
  information as requested by the South Dakota Department of
  Agriculture;
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:07 - Agriculture enterprise programs › Chapter 12:07:20 - Stock purchase guaranty program › Section 12:07:20:07 - Application process

Current through Register Vol. 51, page 10, July 15, 2024
The stock purchase guaranty application process is as follows:
(1) The applicant shall apply to an eligible
  lender;
(2) The applicant must use
  the application form provided by the South Dakota Department of
  Agriculture;
(3) The applicant
  shall provide the necessary loan documentation as mutually agreed to and
  requested by the lender and the administrator;
(4) The lender shall submit the application
  and loan documentation to the department.
General Authority:
SDCL
		38-6-8.1.
Law Implemented:
SDCL
		38-6-3,
		38-6-8.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:07 - Agriculture enterprise programs › Chapter 12:07:20 - Stock purchase guaranty program › Section 12:07:20:08 - Guaranty decision process

Current through Register Vol. 51, page 10, July 15, 2024
Upon receipt of the application and loan documentation, the
	 administrator shall take the following action:
(1) Review the application and application
  documentation for completeness and for project feasibility;
(2) Base actions on the following criteria:
(a) The producer-involved cooperative meets
  the requirements contained in §
										12:07:20:03;
(b) The application meets the requirements
  contained in §
										12:07:20:06;
(c) The applicant meets the requirements
  contained in §
										12:07:20:04;
(d) The lender meets the requirements
  contained in §
										12:07:20:05; and
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:07 - Agriculture enterprise programs › Chapter 12:07:20 - Stock purchase guaranty program › Section 12:07:20:09 - Guaranty decision

Current through Register Vol. 51, page 10, July 15, 2024
After review the secretary or the secretary's designee may approve the
	 application for the loan guaranty, approve the application subject to certain
	 terms and conditions, or disapprove the application. The secretary or the
	 secretary's designee shall notify the applicant of the decision in writing
	 within 30 days after the date of receipt of the application. If the decision is
	 to disapprove the application for guaranty, the reasons for the decision shall
	 be included in the notification. The secretary's or the secretary's designee's
	 decision is final.
General Authority:
SDCL
		38-6-8.1.
Law Implemented:
SDCL
		38-6-3,
		38-6-8.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:07 - Agriculture enterprise programs › Chapter 12:07:20 - Stock purchase guaranty program › Section 12:07:20:10 - Guaranty amount

Current through Register Vol. 51, page 10, July 15, 2024
The guaranty amount may not exceed 50 percent of the original principal
	 amount of the executed note or $10,000, whichever is less, and shall be reduced
	 on a pro rata basis as the remaining principal balance is reduced. Accordingly,
	 the maximum amount that may be paid is 50 percent of the outstanding principal
	 amount at the time of default.
General Authority:
SDCL
		38-6-8.1.
Law Implemented:
SDCL
		38-6-3,
		38-6-8.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:07 - Agriculture enterprise programs › Chapter 12:07:20 - Stock purchase guaranty program › Section 12:07:20:11 - Conditional approval of the guaranty

Current through Register Vol. 51, page 10, July 15, 2024
If the secretary or the secretary's designee approves the application
	 for guaranty, wholly or subject to conditions, the department shall issue a
	 conditional approval of guaranty. The conditional approval shall stipulate any
	 conditions that must be met before a final guaranty is put into place,
	 including the maximum amount of the guaranty.
General Authority:
SDCL
		38-6-8.1.
Law Implemented:
SDCL
		38-6-3,
		38-6-8.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:07 - Agriculture enterprise programs › Chapter 12:07:20 - Stock purchase guaranty program › Section 12:07:20:12 - Loan proceeds

Current through Register Vol. 51, page 10, July 15, 2024
The loan proceeds to be guaranteed may be used only for the purchase of
	 stock in a producer-involved cooperative to enable producers to carry on
	 successful operations.
General Authority:
SDCL
		38-6-8.1.
Law Implemented:
SDCL
		38-6-3,
		38-6-8.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:07 - Agriculture enterprise programs › Chapter 12:07:20 - Stock purchase guaranty program › Section 12:07:20:13 - Maximum term of the guaranty

Current through Register Vol. 51, page 10, July 15, 2024
The lender and borrower shall agree upon loan maturity and repayment
	 schedules with a maximum maturity of five years.
General Authority:
SDCL
		38-6-8.1.
Law Implemented:
SDCL
		38-6-3,
		38-6-8.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:07 - Agriculture enterprise programs › Chapter 12:07:20 - Stock purchase guaranty program › Section 12:07:20:14 - Certificate of guaranty

Current through Register Vol. 51, page 10, July 15, 2024
Within 30 days of receiving the loan documentation, the department
	 shall issue the guaranty for an amount not to exceed 50 percent of the original
	 principal amount of the executed note or $10,000, whichever is
	 less.
General Authority:
SDCL
		38-6-8.1.
Law Implemented:
SDCL
		38-6-3,
		38-6-8.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:07 - Agriculture enterprise programs › Chapter 12:07:20 - Stock purchase guaranty program › Section 12:07:20:15 - Interest rates

Current through Register Vol. 51, page 10, July 15, 2024
The loan interest rate may not exceed the lender's lowest interest rate
	 made for this type of loan.
General Authority:
SDCL
		38-6-8.1.
Law Implemented:
SDCL
		38-6-3,
		38-6-8.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:07 - Agriculture enterprise programs › Chapter 12:07:20 - Stock purchase guaranty program › Section 12:07:20:16 - Number of guaranties allowed

Current through Register Vol. 51, page 10, July 15, 2024
A borrower may have more than one outstanding stock purchase guaranty
	 at any one time, but a borrower may not have more than one guaranty per
	 cooperative. If a borrower is an entity as described in subdivision
	 12:07:20:03(2), individual members of the entity who meet the requirements of
	 subdivision 12:07:20:03(1) and other provisions of this chapter may apply for a
	 separate stock purchase guaranty.
General Authority:
SDCL
		38-6-8.1.
Law Implemented:
SDCL
		38-6-3,
		38-6-8.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:07 - Agriculture enterprise programs › Chapter 12:07:20 - Stock purchase guaranty program › Section 12:07:20:17 - Lender's responsibilities

Current through Register Vol. 51, page 10, July 15, 2024
During the application process, the lender shall ensure that the loan
	 proposal receives the same degree of analysis as any other loan proposal. Upon
	 approval of the guaranty, the lender shall do the following:
(1) Execute the initial loan and disburse the
  proceeds;
(2) Execute and retain
  the loan documentation and furnish a copy of the loan documentation to the
  South Dakota Department of Agriculture;
(3) Obtain and maintain documentation
  necessary for the perfection of a security interest and furnish copies to the
  department;
(4) Serve as the point
  of contact for the administration of the loan and apprise the department of the
  loan status; and
(5) Service and
  manage the loan in accordance with generally accepted banking practices and
  exercise the same degree of care as with other agricultural loans not
  guaranteed by this chapter.
General Authority:
SDCL
		38-6-8.1.
Law Implemented:
SDCL
		38-6-3,
		38-6-8.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:07 - Agriculture enterprise programs › Chapter 12:07:20 - Stock purchase guaranty program › Section 12:07:20:18 - Borrower's responsibilities

Current through Register Vol. 51, page 10, July 15, 2024
Borrowers are responsible for the following:
(1) Identifying collateral;
(2) Maintaining accounting records and
  management reports; and
(3)
  Submitting accounting records and management reports to the lender and
  administrator upon request.
General Authority:
SDCL
		38-6-8.1.
Law Implemented:
SDCL
		38-6-3,
		38-6-8.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:07 - Agriculture enterprise programs › Chapter 12:07:20 - Stock purchase guaranty program › Section 12:07:20:19 - Department's responsibilities

Current through Register Vol. 51, page 10, July 15, 2024
The responsibilities of the South Dakota Department of Agriculture upon
	 receipt of the application are to record the date of receipt, to have the
	 administrator review the application within the prescribed time, and to send
	 the proper notification of the decision and forms to the lender. If the
	 guaranty is approved, upon receipt and review of the loan documentation, a
	 signed certificate of guaranty is sent to the lender indicating that the
	 guaranty is in place for the established dollar amount.
General Authority:
SDCL
		38-6-8.1.
Law Implemented:
SDCL
		38-6-3,
		38-6-8.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:07 - Agriculture enterprise programs › Chapter 12:07:20 - Stock purchase guaranty program › Section 12:07:20:20 - Reserve fund

Current through Register Vol. 51, page 10, July 15, 2024
The department shall establish a pooled reserve fund for guarantee
	 programs administered by the department. Twenty-five percent of each Stock
	 Purchase Guaranty made will be deposited into the pooled reserve fund. Interest
	 income will be maintained in the pooled fund. At a minimum, an amount equal to
	 this deposit (combined with the deposits required by each guarantee program
	 administered by the department) will be maintained in the reserve fund at all
	 times. If the total maintained in this pooled reserve fund exceeds the minimum
	 required and such additional amounts would not be required for payment on
	 pending defaults, funds may be transferred to other funds or accounts. The
	 Stock Purchase Guaranty constitutes a limited obligation of the South Dakota
	 Department of Agriculture, and is payable only from the pooled reserve fund and
	 shall not be payable out of other revenues or property of the department or any
	 other funds of the State of South Dakota.
General Authority:
SDCL
		38-6-8.1.
Law Implemented:
SDCL
		38-6-3,
		38-6-8.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:09 - Soybean research and promotion council › Chapter 12:09:01 - Administration › Section 12:09:01:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms defined in SDCL 1-26 and 38-29-1 have the same meaning when used
	 in this article. In addition, as used in this article, "checkoff fee" means the
	 assessment imposed by SDCL
	 38-29-8 which a first purchaser
	 must collect on all soybeans marketed to the first purchaser in the
	 state.
General Authority:
SDCL
		38-29-11.
Law Implemented:
SDCL
		38-29-8,
		38-29-9,
		38-29-12.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:09 - Soybean research and promotion council › Chapter 12:09:01 - Administration › Section 12:09:01:02 - Obtaining a declaratory ruling

Current through Register Vol. 51, page 10, July 15, 2024
A person may request the council to issue a decision on the
	 applicability of any statutory provision, rule, or order pertaining to a stated
	 factual situation by submitting a written petition to the council containing
	 the following information:
(1) The
  state statute or council rule or order in question;
(2) The name and address of the person,
  agency, or group submitting the petition;
(3) The facts and circumstances which give
  rise to the issue to be answered by the council's declaratory ruling;
(4) A description of the action requested of
  the council and a statement of the reasons why the action should be
  taken;
(5) The signature of the
  person filing the petition or the authorization of the group or agency making
  the petition; and
(6) The
  notarization of the signature or authorization.
General Authority:
SDCL
		1-26-15,
		38-29-11.
Law Implemented:
SDCL
		1-26-15.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:09 - Soybean research and promotion council › Chapter 12:09:01 - Administration › Section 12:09:01:03 - Council action on petition

Current through Register Vol. 51, page 10, July 15, 2024
Upon receipt of the petition, the council may request from the
	 petitioner any additional information it may require for the issuance of its
	 ruling. Within 30 days following receipt of the additional information
	 requested, the council shall issue its declaratory ruling and serve a copy by
	 mail upon the petitioner.
General Authority:
SDCL
		1-26-15,
		38-29-11.
Law Implemented:
SDCL
		1-26-15.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:09 - Soybean research and promotion council › Chapter 12:09:01 - Administration › Section 12:09:01:04 - Petition for contested case hearing

Current through Register Vol. 51, page 10, July 15, 2024
In a contested case as defined in SDCL
	 1-26-1(2)
	 concerning a refund of checkoff fees, a person aggrieved by an action of the
	 council taken without a hearing may, within 30 days following the date of the
	 action, petition the council for a hearing. The hearing shall be held not later
	 than 60 days following receipt of the petition.
General Authority:
SDCL
		38-29-11.
Law Implemented:
SDCL
		1-26-16.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:09 - Soybean research and promotion council › Chapter 12:09:01 - Administration › Section 12:09:01:05 - Notice of hearing

Current through Register Vol. 51, page 10, July 15, 2024
At least 20 days before the date set by the council for hearing, the
	 council shall serve by mail a copy of a notice of hearing upon the petitioner
	 and other interested or affected parties.
General Authority:
SDCL
		38-29-11.
Law Implemented:
SDCL
		1-26-16.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:09 - Soybean research and promotion council › Chapter 12:09:02 - First purchasers › Section 12:09:02:01 - Quarterly reports and remittance

Current through Register Vol. 51, page 10, July 15, 2024
Every first purchaser must submit a quarterly report within 30 days
	 after the end of each calendar quarter if soybeans were purchased during the
	 quarter. Each first purchaser must make a report at least once a year. The
	 reports shall be submitted to the remittance center at the department of
	 revenue, which serves as the agent for the council. The reports must be on
	 forms provided by the council and must contain the following
	 information:
(1) The name and address
  of the first purchaser;
(2) The
  number of bushels of soybeans purchased on which the checkoff fee was
  collected;
(3) The total dollar
  amount of the checkoff fee collected;
(4) The calendar quarter for which the report
  is submitted;
(5) The date of the
  report; and
(6) The signature of
  the first purchaser or an authorized representative.
All checkoff fees collected during the calendar quarter for which the
	 report is submitted shall be remitted with the report.
General Authority:
SDCL
		38-29-7.1,
		38-29-11.
Law Implemented:
SDCL
		38-29-11.
Note:
The mailing address of the remittance center is
		South Dakota Department of Revenue, Western Bank Building, P.O. Box 5055, Sioux
		Falls, South Dakota 57117.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:09 - Soybean research and promotion council › Chapter 12:09:02 - First purchasers › Section 12:09:02:02 - Collection of checkoff fee - Record of assessment

Current through Register Vol. 51, page 10, July 15, 2024
A first purchaser shall collect the checkoff fee from growers by
	 deducting the fee from the purchase price of an identifiable lot or quantity of
	 soybeans purchased by the first purchaser. At the time the fee is collected,
	 the first purchaser shall note the amount of the fee collected on either the
	 settlement sheet or the check stub as evidence that the fee has been paid by
	 the grower. The settlement sheet or check stub constitutes the record of
	 assessment.
General Authority:
SDCL
		38-29-7.1,
		38-29-11.
Law Implemented:
SDCL
		38-29-8,
		38-29-9,
		38-29-11.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:09 - Soybean research and promotion council › Chapter 12:09:03 - Claims for refund › Section 12:09:03:01 - Checkoff fee refund application forms

Current through Register Vol. 51, page 10, July 15, 2024
Growers subject to the assessment may request a checkoff fee refund
	 application from the council. The application must be on forms provided by the
	 council and must contain the following information:
(1) The date of the application;
(2) The name, address, and signature of the
  grower;
(3) The number of bushels
  of soybeans for which a fee was paid;
(4) The total dollar amount of the fee
  paid;
(5) The date the fee was
  paid; and
(6) The name and address
  of the first purchaser who collected the fee.
The refund application must be accompanied by a copy of the record of
	 assessment.
General Authority:
SDCL
		38-29-7.1,
		38-29-11.
Law Implemented:
SDCL
		38-29-12.
Record of assessment, §
											12:09:02:02.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:09 - Soybean research and promotion council › Chapter 12:09:03 - Claims for refund › Section 12:09:03:02 - Refund of checkoff fee

Current through Register Vol. 51, page 10, July 15, 2024
The council shall refund checkoff fees within 60 days after receipt of
	 a checkoff fee refund application if the application is submitted to the
	 council within 60 days after the assessment and the application contains all of
	 the information required by §
									12:09:03:01.
General Authority:
SDCL
		38-29-7.1,
		38-29-11.
Law Implemented:
SDCL
		38-29-12.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:09 - Soybean research and promotion council › Chapter 12:09:03 - Claims for refund › Section 12:09:03:03 - Notice of rejection

Current through Register Vol. 51, page 10, July 15, 2024
If the council rejects a checkoff fee refund application because it
	 does not meet one or more of the requirements in §
									12:09:03:02, the council shall
	 return a copy of the application to the grower with a written notice of
	 rejection containing a statement of the reasons for rejection. If the
	 application can be corrected and returned to the council within 60 days after
	 the assessment or within 30 days after the receipt of the notice of rejection,
	 whichever is later, the council shall refund the checkoff fees provided the
	 corrected application meets the requirements of §
									12:09:03:02. A grower who
	 disagrees with the council's rejection of the application may request a hearing
	 pursuant to §§
									12:09:01:04 and
	 12:09:01:05.
General Authority:
SDCL
		38-29-7.1,
		38-29-11.
Law Implemented:
SDCL
		38-29-12.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:09 - Soybean research and promotion council › Chapter 12:09:04 - Election of council members › Section 12:09:04:01 - Council districts

Current through Register Vol. 51, page 10, July 15, 2024
For purposes of the election of successors to the members of the
	 council, the state is divided into nine council districts as follows:
(1) District 1, consisting of Hanson,
  Davison, Aurora, Brule, Douglas, and Hutchinson counties;
(2) District 2, consisting of Clay, Union,
  Bon Homme, Charles Mix, and Yankton counties;
(3) District 3, consisting of McCook,
  Minnehaha, Turner, and Lincoln counties;
(4) District 4, consisting of Miner, Sanborn,
  Lake, Moody, and Brookings counties;
(5) District 5, consisting of Pennington,
  Haakon, Hughes, Hyde, Hand, Beadle, Custer, Jackson, Jones, Lyman, Buffalo,
  Jerauld, Mellette, Fall River, Oglala Lakota, Bennett, Todd, Tripp, and Gregory
  counties;
(6) District 6,
  consisting of Codington, Grant, Deuel, Hamlin, and Kingsbury
  counties;
(7) District 7,
  consisting of Brown, Edmunds, McPherson, Campbell, Corson, Harding, and Perkins
  counties;
(8) District 8,
  consisting of Marshall, Roberts, Day, and Clark counties; and
(9) District 9, consisting of Butte, Meade,
  Ziebach, Dewey, Walworth, Potter, Faulk, Spink, Lawrence, Stanley, and Sully
  counties.
General Authority:
SDCL
		38-29-3.
Law Implemented:
SDCL
		38-29-2,
		38-29-3.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:09 - Soybean research and promotion council › Chapter 12:09:04 - Election of council members › Section 12:09:04:02 - Qualifications of council members

Current through Register Vol. 51, page 10, July 15, 2024
Each council member shall be a participating grower and shall reside in
	 the council district he represents.
General Authority:
SDCL
		38-29-3.
Law Implemented:
SDCL
		38-29-3.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:09 - Soybean research and promotion council › Chapter 12:09:04 - Election of council members › Section 12:09:04:03 - Notice of vacancy

Current through Register Vol. 51, page 10, July 15, 2024
The council shall publish once each week for two consecutive weeks a
	 notice setting forth vacancies that will occur by completion of the terms of
	 the council members. The last publication may not be less than 10 or more than
	 20 days before the final deadline for filing nominating petitions. The notice
	 shall state the time and place where nominating petitions may be filed for the
	 vacancies. The notice shall be published in at least one newspaper of general
	 circulation in each council district from which a council member will be
	 elected.
General Authority:
SDCL
		38-29-3.
Law Implemented:
SDCL
		38-29-3.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:09 - Soybean research and promotion council › Chapter 12:09:04 - Election of council members › Section 12:09:04:04 - Nomination of council member candidates

Current through Register Vol. 51, page 10, July 15, 2024
Candidates for council member may be nominated by a petition signed by
	 at least 15 participating growers in the council district to be represented by
	 the candidate. Nominating petitions shall be made available at the council
	 office and shall be on forms prescribed by the council. Nominating petitions
	 shall be filed with the council not later than 5:00 p.m. 60 days before the
	 date of the annual election. If a petition is mailed to the council office by
	 registered mail by 5:00 p.m. on the filing date, it is considered
	 filed.
General Authority:
SDCL
		38-29-3.
Law Implemented:
SDCL
		38-29-3.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:09 - Soybean research and promotion council › Chapter 12:09:04 - Election of council members › Section 12:09:04:05 - Certification of candidates

Current through Register Vol. 51, page 10, July 15, 2024
If more than one nominating petition is filed for a council member
	 office, the council shall certify the nomination of candidates and prepare
	 official ballots for use in the annual election. Ballot position shall be
	 determined by lot. If only one nominating petition is filed for a council
	 member office, no election for that office may be held and a certificate of
	 election shall be issued to the nominee in the same manner as to a successful
	 candidate after election.
General Authority:
SDCL
		38-29-3.
Law Implemented:
SDCL
		38-29-3.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:09 - Soybean research and promotion council › Chapter 12:09:04 - Election of council members › Section 12:09:04:06 - Mail balloting

Current through Register Vol. 51, page 10, July 15, 2024
The election shall be by official ballot. The council shall make
	 ballots for the annual election available to all participating growers in each
	 council district for which a council member will be elected at least 30 days
	 before the date for the annual election. The council shall also provide a voter
	 instruction sheet, a ballot envelope, and a return ballot envelope, all of
	 which may be requested in person, by mail, or by telephone. The council shall
	 designate the county office of the Cooperative Extension Service of South
	 Dakota State University, if available, or a place specified by the council
	 within each council district where participating growers may obtain ballots and
	 other election supplies. In order to be counted, each participating grower
	 voting at the designated polling location must enclose the ballot in the ballot
	 envelope and return it in the return ballot envelope. Ballots are due at the
	 specified polling location, as indicated on the return ballot envelope, by 5:00
	 p.m. on the election date.
General Authority:
SDCL
		38-29-3.
Law Implemented:
SDCL
		38-29-3.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:09 - Soybean research and promotion council › Chapter 12:09:04 - Election of council members › Section 12:09:04:07 - Voter eligibility

Current through Register Vol. 51, page 10, July 15, 2024
Any person 18 years of age or older or any business entity is an
	 eligible voter if the person or entity is a participating grower as defined by
	 SDCL 38-29-1(4) and is
	 actively engaged in a South Dakota farming operation that involves the
	 production of soybeans. An individual, a husband and wife, a partnership, a
	 corporation, a cooperative, a limited liability company, or a 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 in an
	 annual election if they meet the requirements of SDCL
	 38-29-1(4), but
	 no such person or entity may cast more than one vote per election even if
	 operations are carried on in more than one council district. An eligible voter
	 may vote only in the council district of legal residence. A partnership,
	 corporation, cooperative, or limited liability company resides in the council
	 district where its principal place of business is located. A partnership,
	 corporation, cooperative, or limited liability company must enclose with its
	 ballot a written authorization which indicates that the person casting the vote
	 has been authorized by that entity to do so.
General Authority:
SDCL
		38-29-3.
Law Implemented:
SDCL
		38-29-3.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:09 - Soybean research and promotion council › Chapter 12:09:04 - Election of council members › Section 12:09:04:08 - Certification of election

Current through Register Vol. 51, page 10, July 15, 2024
The council shall declare the specified polling place as defined in
	 §
									12:09:04:06 as the designation to
	 which ballots and return ballot envelopes shall be mailed or delivered. The
	 council shall also appoint a committee of three persons to serve as election
	 judges. One of the election judges shall be the South Dakota State University
	 Cooperative Extension Agent, or acting agent, from one of the counties in that
	 district if available. The election judges shall meet at the specified
	 designated polling place after the annual election date and before July 1 each
	 year to tabulate the election results. The election judges are responsible for
	 ballot security and counting and shall enter the results on the certification
	 of election form, and sign the certification of election. The election judges
	 shall deliver the signed certification of election form, together with all
	 ballots and envelopes to the council office or a designated representative. The
	 election judges are also responsible for certifying that all who vote are
	 eligible voters according to SDCL
	 38-29-3. Ballots declared invalid
	 shall be kept separated from valid ballots and may not be counted toward the
	 outcome of the election. The council shall preserve all ballots and envelopes
	 for 90 days. Before certifying the election results to the council, the
	 election judges shall assure the following:
(1) That returned ballots have been
  postmarked by the annual election date; and
(2) That there is no more than one vote per
  grower on the completed ballot.
If any one of these criteria is not met by ballot, the election judges
	 shall declare the individual ballot invalid and may not count it toward the
	 outcome of the election. The election judges shall count the ballots
	 received.
General Authority:
SDCL
		38-29-3.
Law Implemented:
SDCL
		38-29-3.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:09 - Soybean research and promotion council › Chapter 12:09:04 - Election of council members › Section 12:09:04:09 - Canvass of election

Current through Register Vol. 51, page 10, July 15, 2024
The council shall canvass the results of the election within 15 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.
General Authority:
SDCL
		38-29-3.
Law Implemented:
SDCL
		38-29-3.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:09 - Soybean research and promotion council › Chapter 12:09:04 - Election of council members › Section 12:09:04:10 - Election contests and recounts

Current through Register Vol. 51, page 10, July 15, 2024
Recounts and election contests shall be conducted pursuant to the
	 procedures set forth in SDCL 12-21 and 12-22.
General Authority:
SDCL
		38-29-3.
Law Implemented:
SDCL
		38-29-3.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:09 - Soybean research and promotion council › Chapter 12:09:04 - Election of council members › Section 12:09:04:11 - Term of office

Current through Register Vol. 51, page 10, July 15, 2024
Council members shall take office on July 1 of the year of their
	 election and shall serve for 3 years.
General Authority:
SDCL
		38-29-3.
Law Implemented:
SDCL
		38-29-3.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:10 - Brand board › Chapter 12:10:01 - Brand registration and use › Section 12:10:01:12 - Registration fee

Current through Register Vol. 51, page 10, July 15, 2024
A brand registration fee of $ 2-5- 50 is required for each location of
	 the brand on each species of livestock.
General Authority:
SDCL
		40-18-16
Law Implemented:
SDCL
		40-19-11
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:10 - Brand board › Chapter 12:10:01 - Brand registration and use › Section 12:10:01:13 - Renewal fee

Current through Register Vol. 51, page 10, July 15, 2024
A fee of $40 18 is required for each year a brand is renewed. This
	 section applies to new brand registrations renewed to the end of the current
	 5-year renewal period and to those brands which are subject to renewal for the
	 next 5-year renewal period.
General Authority:
SDCL
		40-18-16
Law Implemented:
SDCL
		40-19-11,
		40-19-12.