25.0616.01000
Sixty-ninth
Legislative Assembly
of North Dakota
Introduced by
Senators Kessel, Wanzek, Weber
Representatives Brandenburg, Kempenich
A BILL for an Act to amend and reenact sections 4.1-02-03, 4.1-02-12, and 4.1-13-15 of the
North Dakota Century Code, relating to member districts and the assessments levied by the
barley council and wheat commission.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. AMENDMENT. Section 4.1-02-03 of the North Dakota Century Code is
amended and reenacted as follows:
4.1-02-03. Council - Membership - Election - Term - Appointment to fill vacancies .
1.The council consists of one individual elected from each district established in section
4.1-02-02.
2.Each member of the council must be a resident of and a participating producer in the
district that the member represents.
3.The term of each elected member is four years and begins on April first. The terms
must be staggered so that no more than two terms expire each year.
4.If at any time during a member's term the member ceases to possess any of the
qualifications provided for in this section, the member's office is deemed vacant and
the council, by majority vote, shall appoint another qualified producer for the remainder
of the term.
5.An elected member of the council may not serve more than three consecutive terms. If
an individual is appointed to complete a vacancy, that service is not counted as a term,
for purposes of this section, unless the duration of that service exceeds one year.
6.If a district fails to elect a district representative under section 4.1 - 02 - 05 due to the
unavailability of a participating producer within the district, the vacant office must be
filled on an at large basis. By a majority vote of the council, the council shall appoint a
participating producer from another district to represent that district until the next
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SENATE BILL NO. 2161
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24 Sixty-ninth
Legislative Assembly
election. The at large participating producer appointed to represent the district may
seek re - election as the district representative from the district in which the participating
producer was appointed under this section.
SECTION 2. AMENDMENT. Section 4.1-02-12 of the North Dakota Century Code is
amended and reenacted as follows:
4.1-02-12. Assessment.
An assessment at the rate of twentythirty mills per bushel [35.24 liters] is imposed upon all
barley grown in this state, delivered to this state, or sold to a first purchaser in this state. The
assessment does not apply to barley grown by a producer and used by the producer as
livestock feed.
SECTION 3. AMENDMENT. Section 4.1-13-15 of the North Dakota Century Code is
amended and reenacted as follows:
4.1-13-15. Assessment.
An assessment at the rate of fifteentwenty mills per bushel [35.24 liters] by weight is
imposed upon all wheat:
1.All wheat grownGrown in this state, at the time of its sale;
2.All wheat deliveredDelivered into this state, at the time of its sale; and
3.All wheat soldSold through commercial channels to a first purchaser in this state.
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