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 […]
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; […]
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 […]
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.
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 […]
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 […]
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. […]
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.
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 […]
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 […]
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.
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 […]
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, […]
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 […]
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, […]
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 […]
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 […]
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 […]
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 […]
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 […]
