Sixty-ninth Legislative Assembly of North Dakota
In Regular Session Commencing Tuesday, January 7, 2025
SENATE BILL NO. 2161
(Senators Kessel, Wanzek, Weber)
(Representatives Brandenburg, Kempenich)
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 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: S. B. NO. 2161 - PAGE 2
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. S. B. NO. 2161 - PAGE 3
____________________________ ____________________________
President of the Senate Speaker of the House
____________________________ ____________________________
Secretary of the Senate Chief Clerk of the House
This certifies that the within bill originated in the Senate of the Sixty-ninth Legislative Assembly of North
Dakota and is known on the records of that body as Senate Bill No. 2161.
Senate Vote:Yeas 45 Nays 2 Absent 0
House Vote: Yeas 79 Nays 11 Absent 4
____________________________
Secretary of the Senate
Received by the Governor at ________M. on _____________________________________, 2025.
Approved at ________M. on __________________________________________________, 2025.
____________________________
Governor
Filed in this office this ___________day of _______________________________________, 2025,
at ________ o’clock ________M.
____________________________
Secretary of State