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HB 1050 revise the definition of a grain dealer.

State of South Dakota  
SEVENTY-SEVENTH SESSION
LEGISLATIVE ASSEMBLY,  2002
 

400H0339  
HOUSE BILL   NO.     1050  

        Introduced by: The Committee on State Affairs at the request of the Public Utilities Commission  


         FOR AN ACT ENTITLED, An Act to  revise the definition of a grain dealer.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
     Section  1.  That § 49-45-1.1 be amended to read as follows:
     49-45-1.1.   Terms used in this chapter mean:
             (1)      "Commission," the Public Utilities Commission of this state ;
             (2)      "Grain," grain, grain sorghums, beans, and oil seeds. However, the term does not include grain that has been cleaned, processed and specifically identified for an intended use of planting for reproduction and for which a grain warehouse receipt has not been issued;
             (3)      "Grain dealer," any person who buys grain for the purpose of resale. However, nothing in this chapter applies to a South Dakota resident or anyone whose residence is within twenty-five miles of the South Dakota border purchasing or engaging in the purchase of the isolated or occasional resale of grain by a person who does not hold himself or herself out as engaging in the business of reselling grain or to a person who purchases grain for the person's own use or consumption ; but the . The word " , use " ,

or the word " , consumption, " as used in this subdivision, does not mean the sale of the grain at retail or wholesale;

             (4)      "Person," any natural person, firm, corporation, company, limited liability company, partnership, association, joint stock company or the lessee, trustee or receiver appointed by any court for any one of the foregoing;
             (5)      "Voluntary credit sale," a sale of grain or seeds pursuant to which the sale price is to be paid more than thirty days after the delivery or release of the grain for sale, including those contracts commonly referred to as deferred-payment contracts, deferred-pricing contracts and price-later contracts.