38-10-14. Powers of commission.

In the administration of this chapter, the wheat commission may:

(1)    Expend the funds collected pursuant to this chapter;

(2)    Appoint, discharge, fix compensation for and prescribe the duties of such personnel as it may deem necessary subject to Bureau of Human Resources and Administration guidelines;

(3)    Lease, purchase, own, equip, maintain, operate, and dispose of equipment in the commission office;

(4)    Accept donations of funds, property, services, and other assistance from public, private, and other sources for the purpose of aiding and promoting the work and objectives of the commission;

(5)    Appoint an attorney who shall act for the commission when needed;

(6)    Establish an administrative office for the wheat commission in the State of South Dakota at a place suitable for the furtherance of this chapter.

Source: SL 1961, ch 11, § 10; SL 1993, ch 302, § 10; SL 2012, ch 23, § 99; SL 2013, ch 193, § 3; SL 2024, ch 1 (Ex. Ord. 24-1), § 35, eff. Apr. 8, 2024.

38-10-15. Formulation of general policies and programs for wheat promotion.

In connection with and in furtherance of the policy and purpose declared in § 38-10-1, the wheat commission shall have the power to formulate the general policies and programs of the State of South Dakota respecting the discovery, promotion, and development of markets and industries for the utilization of wheat grown within the State of South Dakota.

Source: SL 1961, ch 11, § 9 (1).

38-10-16. Wheat research and market development.

In connection with and in furtherance of the policy and purpose declared in § 38-10-1, the wheat commission may conduct, in addition to the things enumerated, any other program for the utilization, research, and market development of wheat grown in the State of South Dakota.

Source: SL 1961, ch 11, § 9 (5); SL 1993, ch 302, § 11.

38-10-17. Research restricted to cooperation with other agencies.

The wheat commission shall not be authorized to set up research or development units or agencies of its own, but shall limit its activity to cooperation and contracts with proper local, state, or national organizations, public or private, in carrying out the purposes of this chapter.

Source: SL 1961, ch 11, § 19.

38-10-18. Education and publicity program.

In connection with and in furtherance of the policy and purpose declared in § 38-10-1, the wheat commission shall have the power to adopt and devise a program of education and publicity.

Source: SL 1961, ch 11, § 9 (2).

38-10-19. Cooperation with public and private organizations--Contracts.

In connection with and in furtherance of the policy and purpose declared in § 38-10-1, the wheat commission may cooperate with local, state, or national organizations, whether public or private, in carrying out the purposes of this chapter, and may enter into such contracts as may be necessary.

Source: SL 1961, ch 11, § 9 (3); SL 1993, ch 302, § 12.

38-10-20. Rules and regulations adopted by commission.

In connection with and in furtherance of the policy and purpose declared in § 38-10-1, the wheat commission may promulgate rules pursuant to chapter 1-26 concerning:

(1)    The procedures for obtaining a declaratory ruling;

(2)    The procedures for fee collection for wheat sold either in-state or out-of-state;

(3)    The procedures for obtaining a refund of the fee; and

(4)    The procedures for collecting delinquent fees and assessing penalties.

Source: SL 1961, ch 11, § 9(4); SL 1986, ch 326, § 14.

38-10-21. Commission records kept.

All records of the wheat commission shall be kept at least three years.

Source: SL 1961, ch 11, § 16 (3).

38-10-22. Promotional fee on wheat sold through commercial channels--Collection from first purchaser.

There is hereby assessed a promotional fee of four-tenths of one percent of the value of the net market price per bushel upon all wheat sold through commercial channels in the State of South Dakota. The fee shall be assessed and imposed on the grower at the time of sale or delivery, and shall be collected and remitted by the first purchaser in the manner described by the commission pursuant to administrative rules promulgated pursuant to chapter 1-26. No wheat is subject to the fee more than once.

Source: SL 1961, ch 11, § 11; SL 1979, ch 264, § 1; SL 1985, ch 309, § 1; SL 1988, ch 311; SL 1990, ch 318, § 1; SL 2005, ch 210, § 1; SL 2014, ch 193, § 2.

38-10-23. Sales to federal government exempt from fee.

The fee, herein levied and imposed by the provisions of § 38-10-22, shall not apply to the sale of wheat to the federal government for ultimate use or consumption by the people of the United States, where the State of South Dakota is prohibited from imposing such fee by the Constitution of the United States and laws enacted pursuant thereto.

Source: SL 1961, ch 11, § 14.

38-10-24. Fee applicable to wheat stored or sold outside state--Collection from grower.

The fee established pursuant to § 38-10-22, shall be deducted, as provided by this chapter, whether such wheat is stored or sold in this or any other state. However, if agreements have not been made with dealers outside of the state for collecting the fee, the grower shall remit the fee to the wheat commission, as provided in administrative rules promulgated pursuant to chapter 1-26 on all wheat so sold by him outside the state.

Source: SL 1961, ch 11, § 13; SL 1993, ch 302, § 13.

38-10-25. Proof of purchase delivered by purchaser to grower--Contents.

The purchaser, at the time of settlement of the purchase, shall make and deliver a proof of purchase to the grower. This proof of purchase document may be a settlement sheet, a check stub, or other legible document showing:

(1)    The name of the grower and seller;

(2)    The name and address of the purchaser;

(3)    The number of bushels of wheat sold;

(4)    The date of the purchase; and

(5)    The net market price.

Source: SL 1961, ch 11, § 15 (1); SL 1990, ch 318, § 2; SL 2014, ch 193, § 3.

38-10-26. Alteration of proof of purchase documents as misdemeanor.

The proof of purchase documents, referred to in § 38-10-25, shall be legibly written and have no corrections or erasures on the face thereof. Any person who alters any part of any proof of purchase documents in an attempt to defraud the wheat commission is guilty of a Class 2 misdemeanor.

Source: SL 1961, ch 11, § 15 (4); SL 1977, ch 190, § 302; SL 1993, ch 302, § 14.

38-10-27. Quarterly reports by wheat purchasers--Payment of fee.

The purchaser shall render and have on file a report with the commission by the thirtieth day following the end of each calendar quarter. The report shall be on forms provided by the commission and shall display the number of bushels of wheat purchased in the preceding quarter and the amount of fee being remitted. If no wheat was purchased, that information shall be so listed on the report.

Source: SL 1961, ch 11, § 15 (2); SL 1979, ch 264, § 2; SL 1990, ch 318, § 3.

38-10-28. Fee deducted when loan made by federal agency--Federal forms accepted in lieu of invoice.

In the case of a pledge or mortgage of wheat as security for a loan under the federal price support program, the fee assessed by § 38-10-22 shall be deducted from the proceeds of such loans at the time the loans are made, or be deducted thereafter by agencies of the federal government, and producer's note and loan agreement (commodity loan Form B) or producer's note and supplemental loan agreement (commodity loan Form A) or delivery instructions (commodity purchaser Form 3) issued by the federal agency to the grower are hereby approved as fulfilling the requirements for invoices, and the forms herein approved shall be deemed to constitute proof of payment of such promotional fee on the wheat listed thereon.

Source: SL 1961, ch 11, § 12 (1).

38-10-29. Supplemental and alternate forms used by commodity credit corporation.

Forms supplemental or alternate to those approved in § 38-10-28 which may be proposed by the Commodity Credit Corporation and contain the necessary information may be used without revision of this chapter.

Source: SL 1961, ch 11, § 12 (2).

38-10-30. Use by Commodity Credit Corporation of identification numbers--Access of state officials to records.

The Commodity Credit Corporation's use of identification numbers in lieu of the name of the grower from whom the fee was collected is hereby approved, such approval being in consideration of assurance received from the Commodity Credit Corporation that authorized officials of the State of South Dakota will have access at all reasonable times to records in the county agricultural stabilization and conservation offices showing the names of growers to whom such identification numbers have been assigned.

Source: SL 1961, ch 11, § 12 (3).

38-10-31. Fee paid at time of federal loan as complete satisfaction.

If such wheat, described in § 38-10-28, remains in farm storage for the duration of such pledge or mortgage, the promotional fee so paid at the time the loan was made shall be deemed a complete satisfaction of the promotional fee liability unless upon subsequent actual delivery of such wheat from farm storage in satisfaction of the pledge, or mortgage in the amount of one dollar or more, such underpayment being due solely for the necessity of estimating the quantity of wheat so placed in farm storage.

Source: SL 1961, ch 11, § 12 (4).

38-10-32. Minor errors in fee collection overlooked.

In connection with the collection of the wheat promotional fee on Commodity Credit Corporation wheat loans disbursed and purchase agreement settlement made, undercollections or overcollections of the wheat promotional fee amounting to one dollar or less as a result of errors, will not require collection of the underpayment or refund of the overpayment by commodity credit corporation and their responsibility in such cases shall be waived.

Source: SL 1961, ch 11, § 12 (5).

38-10-33. Assessment of fee by director on failure to file report--Penalty--Time of payment.

If any person, business or entity, public or private, subject to the fee under § 38-10-22, fails to make a report and remittance when and as required in this chapter, the executive director of the wheat commission shall determine the amount of such fee according to his best judgment and information, which amount so fixed shall be prima facie correct, and such person so having failed to make such report shall, within ten days after notice of the amount of the fee so fixed and computed by the director is mailed to such person, pay said fee, together with a penalty of five percent on the amount of the fee or he may dispute the fee as fixed by the director and request the commission to hold a hearing to determine the amount of the fee and penalty to be imposed. No payment may be made until the commission enters its order determining the amount of such payment, but such shall be paid within ten days of notice of such decision.

Source: SL 1961, ch 11, § 15 (3); SL 1993, ch 302, § 15.

38-10-34. Application for refund of fee erroneously collected--Time for refund--Waiver by failure to file claim.

Any person, firm, or corporation subject to the fee provided in this chapter that objects to the collection of the fee may, within sixty days following the collection, apply to the wheat commission for a refund of the fee. Upon the return of the refund application, accompanied by a true, legible record of the invoices delivered by the purchaser to the grower, the commission shall, within thirty days, refund the net amount of the fee collected to the grower. If no request for refund has been made within sixty days after the collection of the fee, the grower shall be conclusively presumed to have agreed to the deduction.

Source: SL 1961, ch 11, § 17; SL 1985, ch 309, § 2; SL 1990, ch 318, § 4.

38-10-35. Deposit and appropriation of fees.

All moneys received on behalf of the wheat commission from the fees assessed in § 38-10-22, shall be deposited in a special revenue fund created in the state treasury and shall be continuously appropriated to the commission. Expenditures of these funds shall be disbursed solely by order of the commission in accordance with the provisions of Title 4 and the provisions of this chapter.

Source: SL 1961, ch 11, § 18; SL 1975, ch 62, § 2; SL 1993, ch 302, § 16.