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South Dakota House Bill HB1165

South Dakota 2025 Regular Session

South Dakota House Bill HB1165 Compare Versions

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1-25.672.14 100th Legislative Session 1165
1+25.672.13 100th Legislative Session 1165
22
33
44 2025 South Dakota Legislature
55 House Bill 1165
6-HOUSE ENGROSSED
6+HOUSE AGRICULTURE AND NATURAL RESOURCES ENGROSSED
77
8-This bill has been extensively amended (hoghoused) and may no longer be
9-consistent with the original intention of the sponsor.
8+
9+
1010
1111
1212 Introduced by: Representative Gosch
1313
1414 Underscores indicate new language.
1515 Overstrikes indicate deleted language.
16-An Act to provide a means by which an agricultural producer may request an 1
17-automatic refund of an assessment on crops. 2
16+An Act to provide a means by which an agricultural producer can reject the 1
17+imposition of an assessment on crops. 2
1818 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3
19-Section 1. That § 38-10-34 be AMENDED: 4
20-38-10-34. Any Except as otherwise provided in section 2 of this Act, any person, 5
21-firm, or corporation subject to the fee provided in this chapter that objects to the collection 6
22-of the fee may, within sixty days following the collection, apply to the wheat commission 7
23-for a refund of the fee. Upon the return of the refund application, accompanied by a true, 8
24-legible record of the invoices delivered by the purchaser to the grower, the commission 9
25-shall, within thirty days, refund the net amount of the fee collected to the grower. If no 10
26-request for refund has been made within sixty days after the collection of the fee, the 11
27-grower shall be conclusively presumed to have agreed to the deduction. 12
28-The commission shall make the refund application available online and provide for 13
29-the electronic submission of the application and all required documentation. 14
30-Section 2. That a NEW SECTION be added to chapter 38-10: 15
31-The wheat commission shall promulgate rules, in accordance with chapter 1-26, to 16
32-develop and implement an alternative refund process by which a grower may, before 17
33-December thirty-first, file with the commission a single electronic request for an automatic 18
34-refund of all assessments imposed upon and paid by the grower in accordance with this 19
35-chapter during the ensuing calendar year. The rules must provide for the electronic 20
36-submission of all documentation necessary to obtain the refund. 21
37-Section 3. That § 38-27-16 be AMENDED: 22 25.672.14 2 1165
19+Section 1. That § 38-10-20 be AMENDED: 4
20+38-10-20. In connection with and in furtherance of the policy and purpose 5
21+declared in § 38-10-1, the wheat commission may promulgate rules pursuant to chapter 6
22+1-26 concerning: 7
23+(1) The procedures for obtaining a declaratory ruling; 8
24+(2) The procedures for fee collection for wheat sold either in-state or out-of-state; 9
25+(3) The procedures for obtaining a refund of the fee; and 10
26+(4) The procedures for collecting delinquent fees and assessing penalties; and 11
27+(5) The creation, distribution, and utilization of a form by which a grower may refuse 12
28+the assessment and imposition of a promotional fee, as set forth in § 38-10-22. 13
29+Section 2. That § 38-10-22 be AMENDED: 14
30+38-10-22. There is hereby assessed a promotional fee of four -tenths of one 15
31+percent of the value of the net market price per bushel upon all wheat sold through 16
32+commercial channels in the State of South Dakota. The fee shall this state. Except as 17
33+otherwise provided for in section 3 of this Act, the fee must be assessed and imposed on 18
34+the grower at the time of sale or delivery, and shall must be collected and remitted by the 19
35+first purchaser in the manner described by the commission pursuant to administrative , in 20
36+rules promulgated pursuant to chapter 1-26. No wheat is subject to the fee more than 21
37+once. 22
38+Section 3. That a NEW SECTION be added to chapter 38-10: 23 25.672.13 2 1165
3839 Underscores indicate new language.
3940 Overstrikes indicate deleted language.
40-38-27-16. Any Except as otherwise provided in section 4 of this Act, any grower 1
41-subject to the assessment provided in this chapter, within sixty days following the 2
42-assessment, may make application to the oilseeds council for a refund of the assessment. 3
43-Upon return of the refund application accompanied by a record of the assessment by the 4
44-first purchaser, the grower shall, within sixty days, be refunded the net amount of the 5
45-assessment collected. However, a grower, for any reason, having paid the assessment 6
46-more than once on the same sunflowers, safflowers, canola, or flax, upon furnishing proof 7
47-of this to the council, is entitled to a refund of the overpayment. 8
48-The council shall make the refund application available online and provide for the 9
49-electronic submission of the application and all required documentation. 10
50-Section 4. That a NEW SECTION be added to chapter 38-27: 11
51-The council shall promulgate rules, in accordance with chapter 1-26, to develop 12
52-and implement an alternative refund process by which a grower may, before December 13
53-thirty-first, file with the council a single electronic request for an automatic refund of all 14
54-assessments imposed upon and paid by the grower in accordance with this chapter during 15
55-the ensuing calendar year. The rules must provide for the electronic submission of all 16
56-documentation necessary to obtain the refund. 17
57-Section 5. That § 38-32-20 be AMENDED: 18
58-38-32-20. Any Except as otherwise provided in section 6 of this Act, any grower 19
59-subject to the assessment provided in this chapter may, within sixty days following such 20
60-assessment, make application to the council for a refund of the assessment. Upon the 21
61-return of the refund application, accompanied by a record of the assessment by the first 22
62-purchaser, the grower shall, within sixty days, be refunded the net amount of the 23
63-assessment collected. However, a grower who has paid the assessment more than once 24
64-on the same corn is entitled to a refund of the overpayment. 25
65-The council shall make the refund application available online and provide for the 26
66-electronic submission of the application and all required documentation. 27
67-Section 6. That a NEW SECTION be added to chapter 38-32: 28
68-The council shall promulgate rules, in accordance with chapter 1-26, to develop 29
69-and implement an alternative refund process by which a grower may, before December 30
70-thirty-first, file with the council a single electronic request for an automatic refund of all 31 25.672.14 3 1165
41+A grower may refuse the assessment and imposition of the promotional fee as set 1
42+forth in § 38-10-22, by completing a refusal form at the time of settlement. The form 2
43+must contain the grower's name, mailing address, date, and signature. The commission 3
44+shall provide the form to each purchaser of wheat and make the form available on its 4
45+website. 5
46+Section 4. That § 38-10-24 be AMENDED: 6
47+38-10-24. TheUnless otherwise refused by the grower in accordance with section 7
48+3 of this Act, the fee established pursuant to § 38-10-22, shall must be deducted, as 8
49+provided by this chapter, whether such wheat is stored or sold in this or any other state. 9
50+However, if agreements have not been made with dealers If collected, a dealer outside of 10
51+the state for collecting shall remit the fee to the wheat commission, or the grower shall 11
52+remit the fee to the wheat commission, as provided in administrative rules promulgated 12
53+pursuant to chapter 1-26 on all wheat so sold by him outside the state. 13
54+Section 5. That § 38-10-28 be AMENDED: 14
55+38-10-28. In the case of a pledge or mortgage of wheat as security for a loan 15
56+under the federal price support program, unless otherwise refused by the grower in 16
57+accordance with section 3 of this Act, the fee assessed by established pursuant to § 38-17
58+10-22 shall must be deducted from the proceeds of such the loans at the time the loans 18
59+are made, or be deducted thereafter by agencies of the federal government , and. A 19
60+producer's note and loan agreement (commodity loan Form B) or, a producer's note and 20
61+supplemental loan agreement (commodity loan Form A) , or delivery instructions 21
62+(commodity purchaser Form 3) issued by the federal agency to the grower are hereby 22
63+approved as fulfilling the requirements for invoices, and the approved forms herein 23
64+approved shall be are deemed to constitute proof of payment of such the promotional fee 24
65+on the wheat listed thereon. 25
66+Section 6. That § 38-10-33 be AMENDED: 26
67+38-10-33. If any person, business or entity, public or private, has not refused the 27
68+assessment and imposition of the promotional fee and is thereby subject to the payment 28
69+of the fee under § 38-10-22, and if the person fails to make a report and remittance when 29
70+and as required in this chapter, the executive director of the wheat commission shall 30
71+determine the amount of such the fee according to his the director's best judgment and 31 25.672.13 3 1165
7172 Underscores indicate new language.
7273 Overstrikes indicate deleted language.
73-assessments imposed upon and paid by the grower in accordance with this chapter during 1
74-the ensuing calendar year. The rules must provide for the electronic submission of all 2
75-documentation necessary to obtain the refund. 3
76-Section 7. That § 38-34-18 be AMENDED: 4
77-38-34-18. Any Except as otherwise provided in section 8 of this Act, any grower 5
78-subject to the assessment provided in this chapter, within sixty days following the 6
79-assessment, may apply to the council for a refund of the assessment. Upon return of the 7
80-refund application accompanied by a record of the assessment by the first purchaser, the 8
81-grower shall, within sixty days, be refunded the net amount of the assessment collected. 9
82-Additionally, a grower, who for any reason, pays the assessment more than once on the 10
83-same pulse crops, upon furnishing proof of this to the council, is entitled to a refund of 11
84-the overpayment. 12
85-The council shall make the refund application available online and provide for the 13
86-electronic submission of the application and all required documentation. 14
87-Section 8. That a NEW SECTION be added to chapter 38-34: 15
88-The council shall promulgate rules, in accordance with chapter 1-26, to develop 16
89-and implement an alternative refund process by which a grower may, before December 17
90-thirty-first, file with the council a single electronic request for an automatic refund of all 18
91-assessments imposed upon and paid by the grower in accordance with this chapter during 19
92-the ensuing calendar year. The rules must provide for the electronic submission of all 20
93-documentation necessary to obtain the refund. 21
74+information, which amount so fixed shall must be prima facie correct, and such the person 1
75+so having who failed to make such the report shall, within ten days after notice of the 2
76+amount of the fee so fixed and computed by the director is mailed to such the person, pay 3
77+said the fee, together with a penalty of five percent on the amount of the fee or he may. 4
78+The person may dispute the fee as fixed by the director and request the commission to 5
79+hold a hearing to determine the amount of the fee and penalty to be imposed. No payment 6
80+may be made until the commission enters its order determining the amount of such the 7
81+payment, but such shall be paid once determined, payment must be made within ten days 8
82+of notice of such decision. 9
83+Section 7. That § 38-10-34 be AMENDED: 10
84+38-10-34. Any person, firm, or corporation subject toIf any person who has paid 11
85+the fee provided in this chapter that objects to the collection of the fee payment, the 12
86+person may, within sixty days following the collection payment, apply to the wheat 13
87+commission for a refund of the fee. Upon the return of the refund application, accompanied 14
88+by a true, legible record of the invoices delivered by the purchaser to the grower, the 15
89+commission shall, within thirty days, refund the net amount of the fee collected paid to 16
90+the grower. If no request for refund has been made within sixty days after the collection 17
91+payment of the fee, the grower shall be is conclusively presumed to have agreed to the 18
92+deduction fee. 19
93+Section 8. That § 38-27-8.1 be AMENDED: 20
94+38-27-8.1. The council may promulgate rules pursuant to chapter 1-26 21
95+concerning: 22
96+(1) The procedures for obtaining a declaratory ruling; 23
97+(2) The procedures for assessments collected for sunflowers, safflowers, canola, or flax 24
98+grown or sold to a first purchaser; 25
99+(3) The procedures for obtaining a refund of the assessment; 26
100+(4) The procedures for collecting delinquent assessments and assessing penalties; and 27
101+(5) The record-keeping and reporting requirements of first purchasers; and 28
102+(6) The creation, distribution, and utilization of a form by which a grower may refuse 29
103+the imposition of an assessment, as set forth in § 38-27-11. 30
104+Section 9. That § 38-27-11 be AMENDED: 31 25.672.13 4 1165
105+ Underscores indicate new language.
106+ Overstrikes indicate deleted language.
107+38-27-11. An assessment at the rate of four cents per hundredweight shall must 1
108+be levied and imposed upon all sunflowers, safflowers, and canola grown in the state or 2
109+sold to a first purchaser, and an assessment at the rate of one cent per bushel shall must 3
110+be levied and imposed upon all flax grown in the state or sold to a first purchaser. The 4
111+Except as otherwise provided for in section 10 of this Act, the assessment is due upon any 5
112+identifiable lot or quantity of sunflowers, safflowers, canola, or flax. 6
113+Section 10. That a NEW SECTION be added to chapter 38-27: 7
114+A grower may refuse the assessment imposed in accordance with § 38-27-11, by 8
115+completing a refusal form at the time of settlement. The form must contain the grower's 9
116+name, mailing address, date, and signature. The council shall provide the form to each 10
117+first purchaser of sunflowers, safflowers, canola, or flax and make the form available on 11
118+its website. 12
119+Section 11. That § 38-27-12 be AMENDED: 13
120+38-27-12. AnyUnless otherwise refused by the grower in accordance with section 14
121+10 of this Act, the first purchaser of sunflowers, safflowers, canola, or flax shall collect the 15
122+assessment imposed by this chapter by charging and collecting from the seller grower the 16
123+assessment at the prescribed rate, by deducting the assessment from the purchase price 17
124+of all sunflowers, safflowers, canola, or flax subject to the assessment and purchased by 18
125+the first purchaser. 19
126+Section 12. That § 38-27-16 be AMENDED: 20
127+38-27-16. Any If any grower subject to who has paid the assessment provided in 21
128+this chapter objects to the payment, the grower may , within sixty days following the 22
129+assessment, may payment, make application to the oilseeds council for a refund of the 23
130+assessment payment. Upon return of the refund application accompanied by a record of 24
131+the assessment payment by the first purchaser, the grower shall, within sixty days, be 25
132+refunded the net amount of the assessment collected payment. 26
133+However, aA grower, for any reason, having who paid the assessment more than 27
134+once on the same sunflowers, safflowers, canola, or flax, is, upon furnishing proof of this 28
135+to the council,-is entitled to a refund of the overpayment. 29
136+Section 13. That § 38-27-17 be AMENDED: 30 25.672.13 5 1165
137+ Underscores indicate new language.
138+ Overstrikes indicate deleted language.
139+38-27-17. The oilseeds council, to inform the grower, shall develop and 1
140+disseminate information and instructions relating to the purpose of the oilseeds 2
141+assessment, the manner by which payment of an assessment may be refused, and the 3
142+manner in which refunds may be claimed , and to this extent shall cooperate with 4
143+governmental agencies, state and federal, and private businesses engaged in the purchase 5
144+of sunflowers, safflowers, canola, or flax. 6
145+Section 14. That § 38-29-1 be AMENDED: 7
146+38-29-1. Terms used in this chapter, unless the context plainly otherwise requires, 8
147+mean: 9
148+(1) "Council," the South Dakota Soybean Research and Promotion Council; 10
149+(2) "First purchaser," any person who initially places soybeans, whether as an owner 11
150+or agent, into the channels of trade and commerce, or who is engaged in the 12
151+processing of soybeans into any form. However, a grower who sells unharvested 13
152+soybeans, or delivers soybeans from the farm on which they are produced to 14
153+storage facilities, packing shed, or processing plant, within the state, is not a first 15
154+purchaser; 16
155+(3) "Grower," any person who plants, raises, and harvests soybeans from more than 17
156+ten acres; 18
157+(4) "Participating grower," a grower who has not refused to pay an assessment or 19
158+requested a refund from the payment of assessments on soybean production under 20
159+this chapter for a particular year and any person who owns or operates an 21
160+agricultural producing or growing facility for soybeans and shares in the profits and 22
161+risks of loss from such operation, and who produces soybeans in South Dakota 23
162+during the current or preceding marketing year; 24
163+(5) "Secretary," the secretary of the South Dakota Department of Agriculture and 25
164+Natural Resources; 26
165+(6) "Soybean," all varieties of soybeans marketed or harvested within the state; and 27
166+(7) "Net market price," the sale price received by a producer for soybeans after 28
167+adjustments for any premium or discount based on grading or quality factors. 29
168+Section 15. That § 38-29-7.1 be AMENDED: 30
169+38-29-7.1. The council may promulgate rules pursuant to chapter 1-26 31
170+concerning: 32
171+(1) The procedures for obtaining a declaratory ruling; 33 25.672.13 6 1165
172+ Underscores indicate new language.
173+ Overstrikes indicate deleted language.
174+(2) The procedures for assessments collected for soybeans grown or sold to a first 1
175+purchaser; 2
176+(3) The procedures for obtaining a refund of the assessment; 3
177+(4) The procedures for collecting delinquent assessments and assessing penalties; 4
178+(5) The record-keeping and reporting requirements of first purchasers; and 5
179+(6) The requirements governing grants and loans made pursuant to § 38-29-7, 6
180+including eligibility requirements and requirements for application, awards, and 7
181+administration; and 8
182+(7) The creation, distribution, and utilization of a form by which a grower may refuse 9
183+the imposition of an assessment as set forth in § 38-29-8. 10
184+Section 16. That § 38-29-9 be AMENDED: 11
185+38-29-9. Any first purchaser of soybeans shall collect the assessment imposed by 12
186+this chapter by deducting the assessment from the purchase price of all soybeans subject 13
187+to the assessment and purchased by the first purchaser. This section does not apply if a 14
188+grower has refused imposition of the assessment by completing and providing the first 15
189+purchaser with a refusal form. The form must contain the grower's name, mailing address, 16
190+date, and signature. The council shall provide the form to each first purchaser of soybeans 17
191+and shall make the form available on its website. 18
192+Section 17. That a NEW SECTION be added: 19
193+A grower may refuse the imposition of the assessment as set forth in § 38-29-8, 20
194+by completing a refusal form at the time of settlement. The form must contain the grower's 21
195+name, mailing address, date, and signature. The commission shall provide the form to 22
196+each purchaser of soybeans and make the form available on its website. 23
197+Section 18. That § 38-32-1 be AMENDED: 24
198+38-32-1. Terms used in this chapter mean: 25
199+(1) "Bushel," fifty-six pounds of corn by weight; 26
200+(2) "Corn," all varieties of corn marketed within the state except sweet corn, popcorn, 27
201+or seed corn; 28
202+(3) "Council," the South Dakota Corn Utilization Council; 29
203+(4) "First purchaser," any person who buys, accepts for shipment, or otherwise 30
204+acquires corn from a grower, except any mortgagee, pledgee, lienor, or other 31 25.672.13 7 1165
205+ Underscores indicate new language.
206+ Overstrikes indicate deleted language.
207+person having a claim against a grower if actual or constructive possession of such 1
208+corn is taken as partial payment or in satisfaction of such mortgage, pledge, lien, 2
209+or claim. However, first purchaser does not include sales between growers not for 3
210+resale; 4
211+(5) "Grower," any person who plants, raises, and harvests corn; 5
212+(6) "Participating grower," a grower who has not refused to pay an assessment or 6
213+requested a refund from the payment of assessments on corn production under 7
214+this chapter for a particular year, and any person who owns or operates an 8
215+agricultural producing or growing facility for corn and shares in the profits and risks 9
216+of loss from such operation, and who produces corn in South Dakota during the 10
217+current or preceding marketing year; 11
218+(7) "Secretary," the secretary of the South Dakota Department of Agriculture and 12
219+Natural Resources. 13
220+Section 19. That § 38-32-14 be AMENDED: 14
221+38-32-14. The council may promulgate rules pursuant to chapter 1-26 15
222+concerning: 16
223+(1) The procedures for obtaining a declaratory ruling; 17
224+(2) The procedures for assessments collected for corn sold to a first purchaser; 18
225+(3) The procedures for obtaining a refund of the assessment; 19
226+(4) The procedures for collecting delinquent assessments and assessing penalties; 20
227+(5) The record keeping and reporting requirements of first purchasers; and 21
228+(6) Procedures, forms, public notices, and other requirements for nominating director 22
229+candidates and for conducting and certifying elections; and 23
230+(7) The creation, distribution, and utilization of a form by which a grower may refuse 24
231+the imposition of an assessment, as set forth in § 38-32-15. 25
232+Section 20. That § 38-32-16 be AMENDED: 26
233+38-32-16. Every first purchaser of corn shall collect the assessment imposed by 27
234+this chapter by deducting the assessment from the purchase price of all corn subject to 28
235+the assessment and purchased by the first purchaser. This section does not apply if a 29
236+grower has refused imposition of the assessment by completing and providing the first 30
237+purchaser with a refusal form. The form must contain the grower's name, mailing address, 31
238+date, and signature. The council shall provide the form to each first purchaser of corn and 32
239+shall make the form available on its website. 33 25.672.13 8 1165
240+ Underscores indicate new language.
241+ Overstrikes indicate deleted language.
242+Section 21. That § 38-32-20 be AMENDED: 1
243+38-32-20. AnyIf any grower subject to who has paid the assessment provided for 2
244+in this chapter objects to the payment, the grower may, within sixty days following such 3
245+the assessment, make application to the council for a refund of the assessment. Upon the 4
246+return of the refund application, accompanied by a record of the assessment by the first 5
247+purchaser, the grower shall, within sixty days, be refunded the net amount of the 6
248+assessment collected. However, aA grower who has paid the assessment more than once 7
249+on the same corn is entitled to a refund of the overpayment. 8
250+Section 22. That § 38-34-1 be AMENDED: 9
251+38-34-1. Terms used in this chapter mean: 10
252+(1) "Council," the South Dakota Pulse Crop Council; 11
253+(2) "First purchaser," any person, firm, corporation, association, partnership, agent, 12
254+or broker buying, accepting for sale, or otherwise acquiring pulse crops after 13
255+harvest from a grower. A grower selling unharvested pulse crops or delivering pulse 14
256+crops from the farm on which they are produced to storage facilities, packing shed, 15
257+or processing plant is not a first purchaser; 16
258+(3) "Grower," any person who is the legal initial owner of pulse crops harvested from 17
259+more than ten acres; 18
260+(4) "Participating grower," a grower who has not refused to pay an assessment or 19
261+requested a refund from the payment of assessments on pulse crops under this 20
262+chapter for the current or previous year; 21
263+(5) "Pulse crops," lentils, dry peas, chickpeas, and lupines; 22
264+(6) "Secretary," the secretary of the Department of Agriculture and Natural Resources. 23
265+Section 23. That § 38-34-8 be AMENDED: 24
266+38-34-8. The council shall promulgate rules pursuant to chapter 1-26 concerning: 25
267+(1) The procedures for obtaining a declaratory ruling; 26
268+(2) The procedures by which assessments are collected for pulse crops grown or sold 27
269+to a first purchaser; 28
270+(3) The procedures for obtaining a refund of the assessment; 29
271+(4) The procedures for collecting delinquent assessments and assessing penalties; and 30
272+(5) The record-keeping and reporting requirements of first purchasers; and 31 25.672.13 9 1165
273+ Underscores indicate new language.
274+ Overstrikes indicate deleted language.
275+(6) The creation, distribution, and utilization of a form by which a grower may refuse 1
276+the imposition of an assessment, as set forth in § 38-34-10. 2
277+Section 24. That a NEW SECTION be added: 3
278+A grower may refuse the imposition of an assessment as set forth in § 38-34-10 4
279+by completing a refusal form at the time of settlement. The form must contain the grower's 5
280+name, mailing address, date, and signature. The council shall provide the form to each 6
281+purchaser of pulse crops and make the form available on its website. 7
282+Section 25. That § 38-34-10 be AMENDED: 8
283+38-34-10. An Except as otherwise provided for in section 24 of this Act, an 9
284+assessment at the rate of one percent of the net market price is levied and imposed on 10
285+any pulse crop grown or sold in South Dakota this state to a first purchaser. The council 11
286+may enter into reciprocal agreements with other states that also have a pulse checkoff to 12
287+remit the assessment to the state where the crop is grown. This assessment is due on any 13
288+identifiable lot or quantity of a pulse crop. 14
289+Section 26. That § 38-34-11 be AMENDED: 15
290+38-34-11. EachUnless otherwise refused by the grower, each first purchaser of 16
291+pulse crops shall collect the assessment imposed by this chapter by charging and collecting 17
292+from the seller the assessment at the prescribed rate, by deducting the assessment from 18
293+the purchase price of the crops subject to the assessment and purchased by the first 19
294+purchaser. The assessments shall must be paid to the department within thirty days of 20
295+the end of each calendar quarter. 21
296+Section 27. That § 38-34-14 be AMENDED: 22
297+38-34-14. In the case of a pledge or mortgage of pulse crops as security for a 23
298+loan under the federal price support program, unless otherwise refused by the grower in 24
299+accordance with section 24 of this Act, the assessment established under § 38-34-10 shall 25
300+must be deducted from the proceeds of the loan at the time the loan is made, or be 26
301+deducted thereafter by agencies of the federal government. The producer's note and loan 27
302+agreement, producer's note and supplemental loan agreement, or delivery instructions 28
303+issued by the federal agency to the grower fulfill the requirements for invoices, and these 29
304+documents constitute proof of payment of the assessment on the pulse crops. Forms 30 25.672.13 10 1165
305+ Underscores indicate new language.
306+ Overstrikes indicate deleted language.
307+supplemental or alternate to those approved in this section that are provided by the 1
308+Commodity Credit Corporation of the United States Department of Agriculture and contain 2
309+the necessary information may be used for the purposes of this section. Identification 3
310+numbers created by the Commodity Credit Corporation for use in lieu of the name of the 4
311+grower from whom the assessment was collected are approved, if authorized officials of 5
312+the State of South Dakota this state have access at all reasonable times to records in the 6
313+United States Department of Agriculture Farm Service Agency county offices showing the 7
314+names of growers to whom such identification numbers have been assigned. 8
315+Section 28. That § 38-34-18 be AMENDED: 9
316+38-34-18. AnyIf any grower subject to who has paid the assessment provided in 10
317+this chapter objects to the payment, the grower , within sixty days following the 11
318+assessment, may apply to the council for a refund of the assessment. Upon return of the 12
319+refund application accompanied by a record of the assessment by the first purchaser, the 13
320+grower shall, within sixty days, be refunded the net amount of the assessment collected. 14
321+Additionally, a grower, who for any reason, pays the assessment more than once on the 15
322+same pulse crops, upon furnishing proof of this to the council, is entitled to a refund of 16
323+the overpayment. 17
324+Section 29. That § 38-34-19 be AMENDED: 18
325+38-34-19. The council shall develop and disseminate information and instructions 19
326+relating to the purpose of the pulse crop assessment, the manner by which payment of 20
327+an assessment may be refused, and the manner in which refunds may be claimed. 21