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:
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.