4.1-11 Soybean Council
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<![CDATA[CHAPTER 4.1-11SOYBEAN COUNCIL4.1-11-01. Definitions. As used in this chapter:1."Council" means the North Dakota soybean council.2."Designated handler" means any person that initially places soybeans into the<br>channels of trade and commerce or any person that processes soybeans into food<br>for human consumption.3.a."Producer" means any person that:(1)Plants or causes to be planted a soybean crop in which the person has<br>an ownership interest, with the intent that upon maturity the crop will be<br>harvested;(2)Will have met the requirements of paragraph 1 during the next available<br>growing season; or(3)Has met the requirements of paragraph 1 during the immediately<br>preceding growing season.b.The term does not include an organic producer that has been exempted from<br>the payment of assessments, in accordance with federal law.4.1-11-02. Soybean districts - Establishment. The state consists of the following eightsoybean districts:1.Richland County;2.Dickey, LaMoure, Ransom, and Sargent Counties;3.Cass County;4.Barnes, Griggs, and Steele Counties;5.Traill County;6.Grand Forks County;7.Pembina, Nelson, and Walsh Counties; and8.All other North Dakota counties in which soybeans are grown.4.1-11-03. North Dakota soybean council - Membership - Terms.1.The council consists of one producer elected from each of the eight districts<br>established in section 4.1-11-02.2.Each member of the council must be a resident of and a producer in the district that<br>the member represents.3.The term of each elected member is three years and begins on April first following<br>the member's election. The terms must be staggered so that no more than three<br>expire each year.Page No. 14.If at any time during a member's term the member ceases to possess any of the<br>qualifications provided for in this section, the member's office is deemed vacant and<br>the council, by majority vote, shall appoint another qualified producer to serve for the<br>remainder of the term.5.An elected member of the council may not serve more than two consecutive terms.6.If an individual is appointed to complete a vacancy, that service is not counted as a<br>term for purposes of this section unless the duration of that service exceeds one<br>year.4.1-11-04. Election of county representative.1.a.No later than March first of the year in which the term of a council member is to<br>expire, the extension agent for each county in that member's district shall hold<br>a meeting of soybean producers for the purpose of electing a county<br>representative.b.The county extension agent shall publish notice of the meeting in the official<br>newspaper of the county for two consecutive weeks. The last notice must be<br>published no fewer than five nor more than ten days before the meeting.c.The meeting must be held within the county.d.During the meeting, the county extension agent shall conduct the election.e.Any producer who resides in the county may vote in the election.f.The county extension agent shall canvass the votes, notify the director of the<br>North Dakota state university extension service and the council that the election<br>has taken place, and provide to the director and the council the name and<br>address of the newly elected county representative.2.Subsection 1 does not apply if the county extension agent, in consultation with the<br>executive director of the county farm service agency office, determines and notifies<br>the council that no soybean producers willing to serve as county representatives<br>reside within the county.4.1-11-05. Election of council member - District representative.1.Upon receiving the notice required by subdivision f of subsection 1 of section<br>4.1-11-04, the director of the North Dakota state university extension service shall<br>call a meeting of all county representatives in the district represented by the member<br>whose term is to expire.2.The director shall notify each county representative in the district of the meeting by<br>registered mail at least five days before the meeting.3.The meeting must be held within the district.4.At the meeting, the county representatives shall elect one from among themselves<br>to serve as the council member from that district.5.The director shall notify the governor and the council that the election has taken<br>place and shall provide to the governor and the council the name and address of the<br>newly elected council member.4.1-11-06.Election costs - Responsibility. All costs of holding county and districtelections are the responsibility of the council.Page No. 24.1-11-07. Election of chairman - Meetings.1.Annually, the council shall elect one member to serve as the chairman.2.The chairman shall call all meetings of the council and shall call a special meeting of<br>the council within seven days when petitioned to do so by three council members.4.1-11-08. Council members - Compensation. Each member of the council is entitledto receive compensation in the amount established by the council but not exceeding one hundred<br>thirty-five dollars per day plus reimbursement for expenses as provided by law for state officers if<br>the member is attending meetings or performing duties directed by the council.4.1-11-09. Council powers. The council may:1.Expend moneys collected pursuant to this chapter for its administration;2.Employ, bond, and compensate necessary personnel;3.Accept gifts, grants, and donations of money, property, and services to carry out this<br>chapter;4.Contract with any person for any purpose permitted under this chapter;5.Sue and be sued; and6.Do all things necessary and proper to enforce and administer this chapter.4.1-11-10. Council duties.1.The council shall develop policies and initiate programs to promote the development<br>of markets for and increase the utilization of soybeans grown in this state.2.The council shall develop and disseminate information regarding the purpose of the<br>soybean assessment and ways in which the assessment benefits soybean<br>producers.3.The council shall determine the uses for which any moneys raised under this chapter<br>may be expended.The uses may include the funding of research, educationprograms, and market development efforts, as well as participation in programs<br>under the auspices of national soybean promotion organizations.4.1-11-11. Assessment. An assessment equaling one-half of one percent of the valueof the sale must be imposed upon all soybeans sold to a designated handler.4.1-11-12. Collection of assessment by designated handler - Records.1.Each designated handler shall collect the assessment from the seller by deducting<br>the assessment from the purchase price of all soybeans subject to the assessment.2.Each designated handler shall keep all records regarding the quantity of soybeans<br>received and assessed for a period of three years.3.All records required by this section may be examined by the council upon request.4.1-11-13. Quarterly report - Submission to council. At the time and in the mannerprescribed by the council, each designated handler shall file with the council a quarterly report<br>stating the quantity of all soybeans that the handler purchased and assessed.Page No. 34.1-11-14. Submission of assessments - Civil penalty. Each designated handler shallforward to the council all assessments collected by the handler within thirty days after the end of<br>each calendar quarter. If a designated handler fails to submit the assessments as required by<br>this section, the council shall increase the amount owed by two percent each month, beginning<br>with the day following that on which the assessments came due.4.1-11-15. Continuing appropriation. The council shall forward all moneys receivedunder this chapter to the state treasurer for deposit in the soybean fund. All moneys in the<br>soybean fund are appropriated on a continuing basis to the council to be used exclusively to<br>carry out this chapter.4.1-11-16.Penalty.Any person willfully violating this chapter is guilty of a class Bmisdemeanor.Page No. 4Document Outlinechapter 4.1-11 soybean council]]>