CHAPTER 4.1-06DRY BEAN COUNCIL4.1-06-01. Definitions. As used in this chapter:1."Commissioner" means the agriculture commissioner or the commissioner's<br>designee.2."Council" means the North Dakota dry bean council.3."Designated handler" means any person that initially places dry beans into the<br>channels of trade and commerce or any person that is engaged in the processing of<br>beans into food for human consumption. The term does not include a producer<br>selling the producer's unharvested dry beans or delivering the producer's dry beans<br>from the farm on which they are produced to storage facilities, packing sheds, or<br>processing plants within the state.4."Dry beans" mean all varieties of dry beans harvested in this state. The term does<br>not include soybeans.5."Participating producer" means a producer that has not applied for a refund under<br>section 4.1-06-15 during the preceding twelve months.6."Producer" means any person that:a.Plants or causes to be planted a dry bean crop in which the person has an<br>ownership interest, with the intent that upon maturity the crop will be harvested;b.Will have met the requirements of subdivision a during the next available<br>growing season; orc.Has met the requirements of subdivision a during the immediately preceding<br>growing season.4.1-06-02. Dry bean districts - Establishment. The state consists of the following sixdry bean districts:1.Cavalier, Pembina, and Towner Counties.2.Ramsey and Walsh Counties.3.Grand Forks and Nelson Counties.4.Griggs, Steele, and Traill Counties.5.Barnes, Cass, Dickey, Kidder, LaMoure, Logan, McIntosh, Ransom, Richland,<br>Sargent, and Stutsman Counties.6.Adams, Benson, Billings, Bottineau, Bowman, Burke, Burleigh, Divide, Dunn, Eddy,<br>Emmons, Foster, Golden Valley, Grant, Hettinger, McHenry, McKenzie, McLean,<br>Mercer, Morton, Mountrail, Oliver, Pierce, Renville, Rolette, Sheridan, Sioux, Slope,<br>Stark, Ward, Wells, and Williams Counties.4.1-06-03. North Dakota dry bean council - Membership - Term.1.The council consists of one participating producer elected from each of the districts<br>established in section 4.1-06-02.Page No. 12.Each member of the council must be a United States citizen.3.Each member of the council must be a resident of and participating producer in the<br>district that the member represents.4.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 two<br>expire each year.5.If at any time during a member's term the member ceases to possess any of the<br>qualifications provided for in this chapter, the member's office is deemed vacant and<br>the council, by majority vote, shall appoint another qualified producer for the<br>remainder of the term.6.An elected member of the council may not serve more than three consecutive terms.<br>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.4.1-06-04. Election of council member.1.Each year during the month of February the commissioner shall identify the districts<br>represented by council members whose terms are about to expire.2.a.The commissioner shall forward to each producer residing in the district a letter<br>inviting the producer to place the producer's own name or the name of another<br>producer into nomination for election to the council.b.The commissioner shall include a statement of eligibility to be completed by the<br>producer seeking election and a nomination petition to be signed by ten other<br>producers.3.For a name to be placed on the ballot, the statement of eligibility and the nomination<br>petition must be received by the council on the date specified by the commissioner<br>which may not be later than March tenth.4.The commissioner shall prepare election ballots and mail the ballots to the<br>producers in the district together with a statement indicating:a.The last date by which the ballots must be postmarked or filed with the council;b.The date, time, and location at which the council will open and tabulate the<br>ballots; andc.That any participating producer may be present at the time the ballots are<br>opened and tabulated.5.The date selected for the opening and tabulation of ballots must be at least five days<br>after the date by which ballots must be postmarked or filed with the council.6.After the election, the council shall notify the governor that the election has taken<br>place and shall provide to the governor the name and address of the newly elected<br>council member.4.1-06-05.Election costs - Responsibility. All costs of holding county and districtelections are the responsibility of the council.4.1-06-06. Quorum. A majority of the council's voting members constitutes a quorum forthe transaction of business.Page No. 24.1-06-07. 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.4.1-06-08. Council members - Compensation. Each member of the council is entitledto receive compensation in the amount established by the council, but not exceeding one<br>hundred thirty-five dollars per day plus reimbursement for expenses as provided by law for state<br>officers if the member is attending meetings or performing duties directed by the council.4.1-06-09. Council - Powers.1.The council may:a.Expend moneys collected pursuant to this chapter for its administration;b.Employ, bond, and compensate necessary personnel;c.Accept gifts, grants, and donations of money, property, and services, to carry<br>out this chapter;d.Contract with any person for any purpose permitted under this chapter;e.Sue and be sued; andf.Do all things necessary and proper to enforce and administer this chapter.2.The council may not engage in a commercial business enterprise.4.1-06-10. Council - Duties.1.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 other state, regional, national, and international commodity<br>councils.2.The council shall develop and disseminate information regarding the purpose of the<br>dry bean assessment and ways in which the assessment benefits dry bean<br>producers.4.1-06-11. Designated handler - Certificate.1.Before a designated handler may sell, process, or ship dry beans, the designated<br>handler shall obtain a certificate from the council.2.The certificate is available upon submission to the council of an application<br>containing the name under which the designated handler is transacting business<br>within this state, the designated handler's place of business, and the location of<br>loading and shipping places of the designated handler's agents.a.If the designated handler is a corporation, the application must include the<br>corporate name and the names and addresses of the principal officers and<br>agents within this state.b.If the designated handler is a partnership, the application must include the<br>names and addresses of the persons constituting the partnership.Page No. 3c.If the designated handler is a limited liability company, the application must<br>include the name of the limited liability company and the names and addresses<br>of its principal managers and agents within this state.3.The designated handler shall notify the council whenever there is a change of<br>information required by this section.4.1-06-12. Assessment.1.An assessment at the rate of ten cents per hundredweight [45.36 kilograms] must be<br>imposed upon all dry beans grown in this state, delivered into this state, or sold to a<br>designated handler.2.The assessment imposed by this section does not apply to dry bean seeds nor to<br>dry beans used for purposes other than human consumption.4.1-06-13. Collection of assessment - Records.1.The designated handler shall collect the assessment from the seller by deducting the<br>assessment from the total price of the dry beans being purchased by the designated<br>handler.2.Each designated handler shall keep documents regarding all purchases, sales, and<br>shipments of raw dry beans for a period of three years.The records may beexamined by the council upon request.3.At the time and in the manner prescribed by the council, each designated handler<br>shall file a report stating, in individual and total amounts, the quantity of all dry beans<br>that the handler received, sold, or shipped, and the source of all dry beans that the<br>handler received, sold, or shipped.4.1-06-14. Submission of assessments - Civil penalty.1.Each designated handler shall forward to the council all assessments collected by<br>the handler no later than the thirtieth day after the end of each calendar quarter.2.If a designated handler fails to submit the assessments as required by this section,<br>the council may impose a penalty equal to ten percent of the amount due, plus<br>interest at the rate of six percent per annum from the due date.4.1-06-15. Refund of assessment.1.To receive a refund of any assessment paid in accordance with this chapter, a<br>producer shall submit to the council a written request for a refund application within<br>sixty days after the date of the assessment or final settlement.2.The producer shall complete the refund application and return the application to the<br>council, together with a record of the assessment collected, within ninety days after<br>the date of the assessment or final settlement. The council shall then refund to the<br>producer the net amount of the assessment that had been collected.3.If a request for a refund is not submitted to the council within the prescribed time<br>period, the producer is presumed to have agreed to the assessment.4.A producer is not entitled to a refund under this section unless the refundable<br>amount meets or exceeds five dollars.Page No. 44.1-06-16. Reimbursement for double payment. Notwithstanding section 4.1-06-15, ifa producer documents to the council that the producer has paid the assessment more than once<br>on the same dry beans, the council shall reimburse the producer for the double payment.4.1-06-17.Expenditure of funds. The council shall approve all expenditures madepursuant to this chapter and shall submit an itemized voucher to the office of management and<br>budget for payment.4.1-06-18. Continuing appropriation. The council shall forward all moneys receivedunder this chapter to the state treasurer for deposit in the dry bean fund. All moneys in the dry<br>bean fund are appropriated on a continuing basis to the council to be used to carry out this<br>chapter.4.1-06-19. Advisory referendum.1.a.When petitioned to do so by fifteen percent of the participating producers, the<br>council shall conduct a referendum among the participating producers of the<br>state to determine the amount by which the assessment imposed by this<br>chapter should be raised or lowered.b.To be considered a valid petition, no more than fifty percent of the participating<br>producers who signed the petition may reside in one district.2.The council shall prepare the ballots and mail the ballots to each participating<br>producer at least thirty days before the last date for filing ballots.3.Each ballot must include a statement indicating:a.The date on which the petition was filed and the number of signatures on the<br>petition;b.The date, time, and location at which the council will open and tabulate the<br>ballots;c.The last date by which the ballots must be postmarked or filed with the council;<br>andd.That any participating producer may be present at the time the ballots are<br>opened and tabulated.4.The date selected by the council for the opening and tabulation of ballots must be at<br>least five days after the date by which ballots must be postmarked or filed with the<br>council.5.If the majority of the participating producers voting upon the question are in favor of<br>the proposed change, the council shall submit a bill to the next legislative assembly<br>to amend this chapter.4.1-06-20.Penalty.Any person willfully violating this chapter is guilty of a class Bmisdemeanor.Page No. 5Document Outlinechapter 4.1-06 dry bean council
CHAPTER 4.1-06DRY BEAN COUNCIL4.1-06-01. Definitions. As used in this chapter:1."Commissioner" means the agriculture commissioner or the commissioner's<br>designee.2."Council" means the North Dakota dry bean council.3."Designated handler" means any person that initially places dry beans into the<br>channels of trade and commerce or any person that is engaged in the processing of<br>beans into food for human consumption. The term does not include a producer<br>selling the producer's unharvested dry beans or delivering the producer's dry beans<br>from the farm on which they are produced to storage facilities, packing sheds, or<br>processing plants within the state.4."Dry beans" mean all varieties of dry beans harvested in this state. The term does<br>not include soybeans.5."Participating producer" means a producer that has not applied for a refund under<br>section 4.1-06-15 during the preceding twelve months.6."Producer" means any person that:a.Plants or causes to be planted a dry bean crop in which the person has an<br>ownership interest, with the intent that upon maturity the crop will be harvested;b.Will have met the requirements of subdivision a during the next available<br>growing season; orc.Has met the requirements of subdivision a during the immediately preceding<br>growing season.4.1-06-02. Dry bean districts - Establishment. The state consists of the following sixdry bean districts:1.Cavalier, Pembina, and Towner Counties.2.Ramsey and Walsh Counties.3.Grand Forks and Nelson Counties.4.Griggs, Steele, and Traill Counties.5.Barnes, Cass, Dickey, Kidder, LaMoure, Logan, McIntosh, Ransom, Richland,<br>Sargent, and Stutsman Counties.6.Adams, Benson, Billings, Bottineau, Bowman, Burke, Burleigh, Divide, Dunn, Eddy,<br>Emmons, Foster, Golden Valley, Grant, Hettinger, McHenry, McKenzie, McLean,<br>Mercer, Morton, Mountrail, Oliver, Pierce, Renville, Rolette, Sheridan, Sioux, Slope,<br>Stark, Ward, Wells, and Williams Counties.4.1-06-03. North Dakota dry bean council - Membership - Term.1.The council consists of one participating producer elected from each of the districts<br>established in section 4.1-06-02.Page No. 12.Each member of the council must be a United States citizen.3.Each member of the council must be a resident of and participating producer in the<br>district that the member represents.4.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 two<br>expire each year.5.If at any time during a member's term the member ceases to possess any of the<br>qualifications provided for in this chapter, the member's office is deemed vacant and<br>the council, by majority vote, shall appoint another qualified producer for the<br>remainder of the term.6.An elected member of the council may not serve more than three consecutive terms.<br>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.4.1-06-04. Election of council member.1.Each year during the month of February the commissioner shall identify the districts<br>represented by council members whose terms are about to expire.2.a.The commissioner shall forward to each producer residing in the district a letter<br>inviting the producer to place the producer's own name or the name of another<br>producer into nomination for election to the council.b.The commissioner shall include a statement of eligibility to be completed by the<br>producer seeking election and a nomination petition to be signed by ten other<br>producers.3.For a name to be placed on the ballot, the statement of eligibility and the nomination<br>petition must be received by the council on the date specified by the commissioner<br>which may not be later than March tenth.4.The commissioner shall prepare election ballots and mail the ballots to the<br>producers in the district together with a statement indicating:a.The last date by which the ballots must be postmarked or filed with the council;b.The date, time, and location at which the council will open and tabulate the<br>ballots; andc.That any participating producer may be present at the time the ballots are<br>opened and tabulated.5.The date selected for the opening and tabulation of ballots must be at least five days<br>after the date by which ballots must be postmarked or filed with the council.6.After the election, the council shall notify the governor that the election has taken<br>place and shall provide to the governor the name and address of the newly elected<br>council member.4.1-06-05.Election costs - Responsibility. All costs of holding county and districtelections are the responsibility of the council.4.1-06-06. Quorum. A majority of the council's voting members constitutes a quorum forthe transaction of business.Page No. 24.1-06-07. 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.4.1-06-08. Council members - Compensation. Each member of the council is entitledto receive compensation in the amount established by the council, but not exceeding one<br>hundred thirty-five dollars per day plus reimbursement for expenses as provided by law for state<br>officers if the member is attending meetings or performing duties directed by the council.4.1-06-09. Council - Powers.1.The council may:a.Expend moneys collected pursuant to this chapter for its administration;b.Employ, bond, and compensate necessary personnel;c.Accept gifts, grants, and donations of money, property, and services, to carry<br>out this chapter;d.Contract with any person for any purpose permitted under this chapter;e.Sue and be sued; andf.Do all things necessary and proper to enforce and administer this chapter.2.The council may not engage in a commercial business enterprise.4.1-06-10. Council - Duties.1.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 other state, regional, national, and international commodity<br>councils.2.The council shall develop and disseminate information regarding the purpose of the<br>dry bean assessment and ways in which the assessment benefits dry bean<br>producers.4.1-06-11. Designated handler - Certificate.1.Before a designated handler may sell, process, or ship dry beans, the designated<br>handler shall obtain a certificate from the council.2.The certificate is available upon submission to the council of an application<br>containing the name under which the designated handler is transacting business<br>within this state, the designated handler's place of business, and the location of<br>loading and shipping places of the designated handler's agents.a.If the designated handler is a corporation, the application must include the<br>corporate name and the names and addresses of the principal officers and<br>agents within this state.b.If the designated handler is a partnership, the application must include the<br>names and addresses of the persons constituting the partnership.Page No. 3c.If the designated handler is a limited liability company, the application must<br>include the name of the limited liability company and the names and addresses<br>of its principal managers and agents within this state.3.The designated handler shall notify the council whenever there is a change of<br>information required by this section.4.1-06-12. Assessment.1.An assessment at the rate of ten cents per hundredweight [45.36 kilograms] must be<br>imposed upon all dry beans grown in this state, delivered into this state, or sold to a<br>designated handler.2.The assessment imposed by this section does not apply to dry bean seeds nor to<br>dry beans used for purposes other than human consumption.4.1-06-13. Collection of assessment - Records.1.The designated handler shall collect the assessment from the seller by deducting the<br>assessment from the total price of the dry beans being purchased by the designated<br>handler.2.Each designated handler shall keep documents regarding all purchases, sales, and<br>shipments of raw dry beans for a period of three years.The records may beexamined by the council upon request.3.At the time and in the manner prescribed by the council, each designated handler<br>shall file a report stating, in individual and total amounts, the quantity of all dry beans<br>that the handler received, sold, or shipped, and the source of all dry beans that the<br>handler received, sold, or shipped.4.1-06-14. Submission of assessments - Civil penalty.1.Each designated handler shall forward to the council all assessments collected by<br>the handler no later than the thirtieth day after the end of each calendar quarter.2.If a designated handler fails to submit the assessments as required by this section,<br>the council may impose a penalty equal to ten percent of the amount due, plus<br>interest at the rate of six percent per annum from the due date.4.1-06-15. Refund of assessment.1.To receive a refund of any assessment paid in accordance with this chapter, a<br>producer shall submit to the council a written request for a refund application within<br>sixty days after the date of the assessment or final settlement.2.The producer shall complete the refund application and return the application to the<br>council, together with a record of the assessment collected, within ninety days after<br>the date of the assessment or final settlement. The council shall then refund to the<br>producer the net amount of the assessment that had been collected.3.If a request for a refund is not submitted to the council within the prescribed time<br>period, the producer is presumed to have agreed to the assessment.4.A producer is not entitled to a refund under this section unless the refundable<br>amount meets or exceeds five dollars.Page No. 44.1-06-16. Reimbursement for double payment. Notwithstanding section 4.1-06-15, ifa producer documents to the council that the producer has paid the assessment more than once<br>on the same dry beans, the council shall reimburse the producer for the double payment.4.1-06-17.Expenditure of funds. The council shall approve all expenditures madepursuant to this chapter and shall submit an itemized voucher to the office of management and<br>budget for payment.4.1-06-18. Continuing appropriation. The council shall forward all moneys receivedunder this chapter to the state treasurer for deposit in the dry bean fund. All moneys in the dry<br>bean fund are appropriated on a continuing basis to the council to be used to carry out this<br>chapter.4.1-06-19. Advisory referendum.1.a.When petitioned to do so by fifteen percent of the participating producers, the<br>council shall conduct a referendum among the participating producers of the<br>state to determine the amount by which the assessment imposed by this<br>chapter should be raised or lowered.b.To be considered a valid petition, no more than fifty percent of the participating<br>producers who signed the petition may reside in one district.2.The council shall prepare the ballots and mail the ballots to each participating<br>producer at least thirty days before the last date for filing ballots.3.Each ballot must include a statement indicating:a.The date on which the petition was filed and the number of signatures on the<br>petition;b.The date, time, and location at which the council will open and tabulate the<br>ballots;c.The last date by which the ballots must be postmarked or filed with the council;<br>andd.That any participating producer may be present at the time the ballots are<br>opened and tabulated.4.The date selected by the council for the opening and tabulation of ballots must be at<br>least five days after the date by which ballots must be postmarked or filed with the<br>council.5.If the majority of the participating producers voting upon the question are in favor of<br>the proposed change, the council shall submit a bill to the next legislative assembly<br>to amend this chapter.4.1-06-20.Penalty.Any person willfully violating this chapter is guilty of a class Bmisdemeanor.Page No. 5Document Outlinechapter 4.1-06 dry bean council
CHAPTER 4.1-06DRY BEAN COUNCIL4.1-06-01. Definitions. As used in this chapter:1."Commissioner" means the agriculture commissioner or the commissioner's<br>designee.2."Council" means the North Dakota dry bean council.3."Designated handler" means any person that initially places dry beans into the<br>channels of trade and commerce or any person that is engaged in the processing of<br>beans into food for human consumption. The term does not include a producer<br>selling the producer's unharvested dry beans or delivering the producer's dry beans<br>from the farm on which they are produced to storage facilities, packing sheds, or<br>processing plants within the state.4."Dry beans" mean all varieties of dry beans harvested in this state. The term does<br>not include soybeans.5."Participating producer" means a producer that has not applied for a refund under<br>section 4.1-06-15 during the preceding twelve months.6."Producer" means any person that:a.Plants or causes to be planted a dry bean crop in which the person has an<br>ownership interest, with the intent that upon maturity the crop will be harvested;b.Will have met the requirements of subdivision a during the next available<br>growing season; orc.Has met the requirements of subdivision a during the immediately preceding<br>growing season.4.1-06-02. Dry bean districts - Establishment. The state consists of the following sixdry bean districts:1.Cavalier, Pembina, and Towner Counties.2.Ramsey and Walsh Counties.3.Grand Forks and Nelson Counties.4.Griggs, Steele, and Traill Counties.5.Barnes, Cass, Dickey, Kidder, LaMoure, Logan, McIntosh, Ransom, Richland,<br>Sargent, and Stutsman Counties.6.Adams, Benson, Billings, Bottineau, Bowman, Burke, Burleigh, Divide, Dunn, Eddy,<br>Emmons, Foster, Golden Valley, Grant, Hettinger, McHenry, McKenzie, McLean,<br>Mercer, Morton, Mountrail, Oliver, Pierce, Renville, Rolette, Sheridan, Sioux, Slope,<br>Stark, Ward, Wells, and Williams Counties.4.1-06-03. North Dakota dry bean council - Membership - Term.1.The council consists of one participating producer elected from each of the districts<br>established in section 4.1-06-02.Page No. 12.Each member of the council must be a United States citizen.3.Each member of the council must be a resident of and participating producer in the<br>district that the member represents.4.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 two<br>expire each year.5.If at any time during a member's term the member ceases to possess any of the<br>qualifications provided for in this chapter, the member's office is deemed vacant and<br>the council, by majority vote, shall appoint another qualified producer for the<br>remainder of the term.6.An elected member of the council may not serve more than three consecutive terms.<br>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.4.1-06-04. Election of council member.1.Each year during the month of February the commissioner shall identify the districts<br>represented by council members whose terms are about to expire.2.a.The commissioner shall forward to each producer residing in the district a letter<br>inviting the producer to place the producer's own name or the name of another<br>producer into nomination for election to the council.b.The commissioner shall include a statement of eligibility to be completed by the<br>producer seeking election and a nomination petition to be signed by ten other<br>producers.3.For a name to be placed on the ballot, the statement of eligibility and the nomination<br>petition must be received by the council on the date specified by the commissioner<br>which may not be later than March tenth.4.The commissioner shall prepare election ballots and mail the ballots to the<br>producers in the district together with a statement indicating:a.The last date by which the ballots must be postmarked or filed with the council;b.The date, time, and location at which the council will open and tabulate the<br>ballots; andc.That any participating producer may be present at the time the ballots are<br>opened and tabulated.5.The date selected for the opening and tabulation of ballots must be at least five days<br>after the date by which ballots must be postmarked or filed with the council.6.After the election, the council shall notify the governor that the election has taken<br>place and shall provide to the governor the name and address of the newly elected<br>council member.4.1-06-05.Election costs - Responsibility. All costs of holding county and districtelections are the responsibility of the council.4.1-06-06. Quorum. A majority of the council's voting members constitutes a quorum forthe transaction of business.Page No. 24.1-06-07. 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.4.1-06-08. Council members - Compensation. Each member of the council is entitledto receive compensation in the amount established by the council, but not exceeding one<br>hundred thirty-five dollars per day plus reimbursement for expenses as provided by law for state<br>officers if the member is attending meetings or performing duties directed by the council.4.1-06-09. Council - Powers.1.The council may:a.Expend moneys collected pursuant to this chapter for its administration;b.Employ, bond, and compensate necessary personnel;c.Accept gifts, grants, and donations of money, property, and services, to carry<br>out this chapter;d.Contract with any person for any purpose permitted under this chapter;e.Sue and be sued; andf.Do all things necessary and proper to enforce and administer this chapter.2.The council may not engage in a commercial business enterprise.4.1-06-10. Council - Duties.1.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 other state, regional, national, and international commodity<br>councils.2.The council shall develop and disseminate information regarding the purpose of the<br>dry bean assessment and ways in which the assessment benefits dry bean<br>producers.4.1-06-11. Designated handler - Certificate.1.Before a designated handler may sell, process, or ship dry beans, the designated<br>handler shall obtain a certificate from the council.2.The certificate is available upon submission to the council of an application<br>containing the name under which the designated handler is transacting business<br>within this state, the designated handler's place of business, and the location of<br>loading and shipping places of the designated handler's agents.a.If the designated handler is a corporation, the application must include the<br>corporate name and the names and addresses of the principal officers and<br>agents within this state.b.If the designated handler is a partnership, the application must include the<br>names and addresses of the persons constituting the partnership.Page No. 3c.If the designated handler is a limited liability company, the application must<br>include the name of the limited liability company and the names and addresses<br>of its principal managers and agents within this state.3.The designated handler shall notify the council whenever there is a change of<br>information required by this section.4.1-06-12. Assessment.1.An assessment at the rate of ten cents per hundredweight [45.36 kilograms] must be<br>imposed upon all dry beans grown in this state, delivered into this state, or sold to a<br>designated handler.2.The assessment imposed by this section does not apply to dry bean seeds nor to<br>dry beans used for purposes other than human consumption.4.1-06-13. Collection of assessment - Records.1.The designated handler shall collect the assessment from the seller by deducting the<br>assessment from the total price of the dry beans being purchased by the designated<br>handler.2.Each designated handler shall keep documents regarding all purchases, sales, and<br>shipments of raw dry beans for a period of three years.The records may beexamined by the council upon request.3.At the time and in the manner prescribed by the council, each designated handler<br>shall file a report stating, in individual and total amounts, the quantity of all dry beans<br>that the handler received, sold, or shipped, and the source of all dry beans that the<br>handler received, sold, or shipped.4.1-06-14. Submission of assessments - Civil penalty.1.Each designated handler shall forward to the council all assessments collected by<br>the handler no later than the thirtieth day after the end of each calendar quarter.2.If a designated handler fails to submit the assessments as required by this section,<br>the council may impose a penalty equal to ten percent of the amount due, plus<br>interest at the rate of six percent per annum from the due date.4.1-06-15. Refund of assessment.1.To receive a refund of any assessment paid in accordance with this chapter, a<br>producer shall submit to the council a written request for a refund application within<br>sixty days after the date of the assessment or final settlement.2.The producer shall complete the refund application and return the application to the<br>council, together with a record of the assessment collected, within ninety days after<br>the date of the assessment or final settlement. The council shall then refund to the<br>producer the net amount of the assessment that had been collected.3.If a request for a refund is not submitted to the council within the prescribed time<br>period, the producer is presumed to have agreed to the assessment.4.A producer is not entitled to a refund under this section unless the refundable<br>amount meets or exceeds five dollars.Page No. 44.1-06-16. Reimbursement for double payment. Notwithstanding section 4.1-06-15, ifa producer documents to the council that the producer has paid the assessment more than once<br>on the same dry beans, the council shall reimburse the producer for the double payment.4.1-06-17.Expenditure of funds. The council shall approve all expenditures madepursuant to this chapter and shall submit an itemized voucher to the office of management and<br>budget for payment.4.1-06-18. Continuing appropriation. The council shall forward all moneys receivedunder this chapter to the state treasurer for deposit in the dry bean fund. All moneys in the dry<br>bean fund are appropriated on a continuing basis to the council to be used to carry out this<br>chapter.4.1-06-19. Advisory referendum.1.a.When petitioned to do so by fifteen percent of the participating producers, the<br>council shall conduct a referendum among the participating producers of the<br>state to determine the amount by which the assessment imposed by this<br>chapter should be raised or lowered.b.To be considered a valid petition, no more than fifty percent of the participating<br>producers who signed the petition may reside in one district.2.The council shall prepare the ballots and mail the ballots to each participating<br>producer at least thirty days before the last date for filing ballots.3.Each ballot must include a statement indicating:a.The date on which the petition was filed and the number of signatures on the<br>petition;b.The date, time, and location at which the council will open and tabulate the<br>ballots;c.The last date by which the ballots must be postmarked or filed with the council;<br>andd.That any participating producer may be present at the time the ballots are<br>opened and tabulated.4.The date selected by the council for the opening and tabulation of ballots must be at<br>least five days after the date by which ballots must be postmarked or filed with the<br>council.5.If the majority of the participating producers voting upon the question are in favor of<br>the proposed change, the council shall submit a bill to the next legislative assembly<br>to amend this chapter.4.1-06-20.Penalty.Any person willfully violating this chapter is guilty of a class Bmisdemeanor.Page No. 5Document Outlinechapter 4.1-06 dry bean council
