38-34-1. Definitions. Terms used in this chapter mean: (1)”Council,” the South Dakota Pulse Crop Council; (2)”First purchaser,” any person, firm, corporation, association, partnership, agent, or broker buying, accepting for sale, or otherwise acquiring pulse crops after harvest from a grower. A grower selling unharvested pulse crops or delivering pulse crops from the farm on which […]
38-34-10. Assessment on pulse crop–Rate–Reciprocal agreements. An assessment at the rate of one percent of the net market price is levied and imposed on any pulse crop grown or sold in South Dakota to a first purchaser. The council may enter into reciprocal agreements with other states that also have a pulse checkoff to remit […]
38-34-11. Collection and remission of assessment. Each first purchaser of pulse crops shall collect the assessment imposed by this chapter by charging and collecting from the seller the assessment at the prescribed rate by deducting the assessment from the purchase price of the crops subject to the assessment and purchased by the first purchaser. The […]
38-34-12. First purchaser of pulse crops–Information required on application or affidavit. Each first purchaser of pulse crops shall file an application or affidavit with the council on forms prescribed and furnished by the council which contain the name under which the first purchaser is transacting business within the state, the place of business, and the […]
38-34-13. Record of purchases of pulse crops–Quantity–Rules on report and assessment. Each first purchaser shall keep a permanent record of all purchases of pulse crops, which may be examined by the council at any reasonable time. The first purchaser shall report to the council the quantity of pulse crops received by the first purchaser. The […]
38-34-14. Pledge or mortgage of pulse crops as security for loan under federal price support program–Procedures for payment of assessment. In the case of a pledge or mortgage of pulse crops as security for a loan under the federal price support program, the assessment established under §38-34-10 shall be deducted from the proceeds of the […]
38-34-15. Satisfaction of assessment liability if crops remain in storage for duration of pledge or mortgage–Exception. If pulse crops described in §38-34-14 remain in farm storage for the duration of the pledge or mortgage, the assessment paid at the time the loan was made completely satisfies the assessment liability unless upon subsequent actual delivery of […]
38-34-16. Undercollections or overcollections of one dollar or less–Commodity Credit Corporation not required to collect or refund. In connection with the collection of the pulse crop assessment on Commodity Credit Corporation pulse loans disbursed and purchase agreement settlement made, undercollections or overcollections of the pulse crop assessment amounting to one dollar or less as a […]
38-34-17. Enforcement of collection. If any first purchaser fails to pay the assessment provided in this chapter, the council may enforce collection in any appropriate court within this state. Source: SL 2005, ch 214, §17.
38-34-18. Refund of assessment–Application–Time for refund. Any grower subject to the assessment provided in this chapter, within sixty days following the assessment, may apply to the 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 […]
38-34-19. Information on purpose of assessment and claim of refund–Development and dissemination. The council shall develop and disseminate information and instructions relating to the purpose of the pulse crop assessment and manner in which refunds may be claimed. Source: SL 2005, ch 214, §19.
38-34-2. South Dakota Pulse Crops Council–Initial appointment of members. The South Dakota Pulse Crops Council is composed of five members who are participating growers of dry peas, lentils, chickpeas, or lupines. The secretary shall make the initial appointments to the council and the secretary or a designee may serve as a nonvoting ex officio member. […]
38-34-20. Referendum on raising or reducing assessment. If fifteen percent of the participating growers, as disclosed by the records of the council for the preceding year, petition the council, the council shall conduct a referendum among the participating growers of the state to determine whether they wish the Legislature to raise or reduce the assessment […]
38-34-21. 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 […]
38-34-3. Terms of members–Subsequent election of council members–Qualification–Vacancy. The term of the members of the council is three years. However, the initial appointments shall be for staggered terms. Succeeding council members shall be nominated by participating growers and appointed by the secretary of agriculture and natural resources. No council member may serve more than four […]
38-34-4. Election of officers–Quorum–Meetings. The council shall annually elect a chair and vice-chair. A majority of voting members constitutes a quorum. All meetings of the council shall be called by the chair. However, special meetings may be called by three members of the council. The council shall adopt procedures for the calling of special meetings. […]
38-34-5. Compensation of members. Compensation for the members of the council shall be paid pursuant to §4-7-10.4. Source: SL 2005, ch 214, §5.
38-34-6. Pulse crops fund–Collection and expenditure of funds. Funds collected pursuant to this chapter shall be deposited with the state treasurer in a special fund known as the pulse crops fund. Expenditures of these funds shall be made in accordance with the provisions of chapter 4-7. Source: SL 2005, ch 214, §6.
38-34-7. Powers and duties of council. The council shall promote the development, marketing, processing, and production of pulse crops in South Dakota. In the administration of this chapter, the council may: (1)Contract and cooperate with any person or with any governmental department or agency for research, education, promotion, and transportation; (2)Expend the funds collected pursuant […]
38-34-8. Promulgation of rules. The council shall promulgate rules pursuant to chapter 1-26 concerning: (1)The procedures for obtaining a declaratory ruling; (2)The procedures by which assessments are collected for pulse crops grown or sold to a first purchaser; (3)The procedures for obtaining a refund of the assessment; (4)The procedures for collecting delinquent assessments and assessing […]
