4.1-03 Beef Commission
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<![CDATA[CHAPTER 4.1-03BEEF COMMISSION4.1-03-01. Definitions. As used in this chapter:1."Beef producer" means any person that has an ownership interest in cattle.2."Cattle" means live domesticated bovine animals.3."Cattle feeder" means a person in the business of feeding cattle for the purpose of<br>adding weight to the cattle prior to slaughter.4."Commission" means the North Dakota beef commission.5."Dairy producer" means any person in the business of producing and selling milk<br>from cows.6."Livestock auction market" means a public market or private buying station in which<br>livestock is offered for sale or sold.7."Livestock dealer" means a person that purchases cattle and is required to be<br>licensed under chapter 36-04.8."Participating producer" means a producer that has not obtained a refund of any<br>assessment paid on the sale of cattle under this chapter for the preceding three<br>years.4.1-03-02. North Dakota beef commission - Membership - Qualifications.1.The North Dakota beef commission consists of:a.Three beef producers;b.One cattle feeder;c.One dairy producer;d.One representative of a public livestock market; ande.Three at-large representatives.2.The governor shall appoint:a.Each beef producer from a list of at least two names submitted by the North<br>Dakota stockmen's association;b.The cattle feeder from a list of at least two names submitted by the North<br>Dakota stockmen's association feeder council;c.The dairy producer from a list of at least two names submitted by the milk<br>producers association of North Dakota;d.The representative of a public livestock market from a list of at least two names<br>submitted by the North Dakota livestock marketing association; ande.The three at-large representatives.3.a.Each member of the commission must:Page No. 1(1)Be a United States citizen and a resident of this state;(2)Be actively engaged in that phase of the cattle industry the member<br>represents; and(3)Have been actively engaged in that phase of the cattle industry for a<br>period of five years.b.Each member of the commission, except the representative of a public<br>livestock market, must be a participating producer.c.For purposes of this subsection, "actively engaged" means that the individual:(1)Has an ownership interest in an operation that is of sufficient scope and<br>significance as to constitute a distinct activity; and(2)Has and regularly exercises direct control of the operation.4.1-03-03. Term of office.1.The term of office for each member is three years and begins on July first. The<br>terms must be staggered so that no more than three terms expire each year.2.A member of the commission may not serve more than two consecutive terms. If an<br>individual is appointed after August 1, 2009, to complete a vacancy, that service is<br>not counted as a term, for purposes of this section, unless the duration of that<br>service exceeds one year.4.1-03-04. Vacancy. If a member's office is vacant, the position must be filled, for theremainder of the term, in the same manner as the original appointment. A member's office is<br>vacant if:1.At any time during a member's term the member ceases to possess any of the<br>qualifications provided for in this chapter;2.Any event enumerated in section 44-02-01 occurs; or3.The commission determines that a member has failed to attend three consecutive<br>meetings of the commission without justification.4.1-03-05. Nonvoting members - Appointment. The commission may appoint up tofour nonvoting members. The term of office for a member appointed under this section is one<br>year. The number of terms that may be served by a member under this section is not limited.<br>The commission shall adopt policies governing the appointments and qualifications of nonvoting<br>members.4.1-03-06.Quorum.A majority of the commission's voting members constitutes aquorum for the transaction of business.4.1-03-07. Chairman - Meetings.1.Annually, the commission shall elect one member to serve as the chairman.2.The chairman shall call all meetings of the commission and shall call a special<br>meeting within seven days when petitioned to do so by three voting members of the<br>commission.3.The commission shall hold at least three regular meetings each year.Page No. 24.1-03-08. Commission members - Compensation. Each member of the commissionis entitled to receive compensation in the amount established by the commission, but not<br>exceeding one hundred thirty-five dollars per day plus reimbursement for expenses as provided<br>by law for state officers if the member is attending meetings or performing duties as directed by<br>the commission.4.1-03-09. Commission - Powers. The commission may:1.Expend moneys collected pursuant to this chapter for its administration;2.Employ, bond, and compensate necessary personnel;3.Accept gifts, grants, and donations of money, property, and services to carry out this<br>chapter;4.Contract with any person for any purpose related to this chapter;5.Borrow money, provided the total of all the commission's debt may not exceed its<br>estimate of the current year's revenues;6.Sue and be sued; and7.Do all things necessary and proper to enforce and administer this chapter.4.1-03-10. Commission - Duties. The commission shall:1.Establish and maintain an office centrally located within this state;2.Keep accurate records of all assessments and other financial transactions under this<br>chapter; and3.Determine the uses to which any moneys raised under this chapter may be<br>expended. The uses may include the funding of research, education programs, and<br>market development efforts, as well as participation in programs under the auspices<br>of state, regional, national, and international organizations.4.1-03-11. Assessment - Penalty.1.Any person who sells cattle in this state or from this state must pay an assessment<br>equal to the greater of:a.Fifty cents for each animal sold; orb.The amount set forth in federal law.2.The assessment provided for in subsection 1 does not apply to cattle owned by a<br>person who certifies to the commission, on forms provided by the commission, that:a.The person's only share in the proceeds of a sale is a sales commission,<br>handling fee, or other service fee; orb.(1)The person acquired ownership of the cattle to facilitate the transfer of<br>ownership to a third party;(2)The person resold the cattle within ten days from the date on which the<br>person acquired ownership; and(3)Any assessment that was levied upon the prior owner has been collected<br>and remitted or will be remitted in a timely fashion.Page No. 33.Any person willfully providing false or misleading information to the commission<br>under this section is guilty of a class B misdemeanor.4.1-03-12. Collection of assessment.1.Each livestock auction market and livestock dealer shall:a.Collect the assessments due under this chapter by deducting the assessments<br>from any credit given or payment made to the seller of the cattle, at the time of<br>the transaction; andb.Forward the assessments to the commission in accordance with section<br>4.1-03-13.2.a.If a person sells North Dakota cattle outside this state or if a person sells North<br>Dakota cattle to an out-of-state buyer, the person shall forward any<br>assessments due under this chapter to the commission in accordance with<br>section 4.1-03-13.b.This subsection does not apply if the assessment has been paid to a brand<br>inspector in another state or to another qualified state beef council.3.Any other person selling cattle in this state shall forward any assessments due under<br>this chapter to the commission in accordance with section 4.1-03-13.4.1-03-13. Submission of assessments - Penalty.1.Any person required to forward assessments to the commission in accordance with<br>section 4.1-03-12 shall do so no later than the fifteenth day of the month following<br>that in which the cattle were sold.2.Any unpaid assessments due pursuant to this chapter must be increased by two<br>percent on the sixteenth day of each month.3.Any person who fails to forward assessments as required by this chapter within thirty<br>days following the month in which the cattle were sold is guilty of a class B<br>misdemeanor.4.For purposes of this section, an assessment is deemed to have been forwarded to<br>the commission:a.On the date of its postmark if mailed;b.On the date of its verified shipment if sent by courier; orc.On the date of its receipt by the commission if delivered personally or<br>electronically.4.1-03-14. Transaction records - Inspection by commission.1.Any person required to collect or submit an assessment under this chapter shall<br>keep a record of:a.The number of cattle:(1)Purchased;(2)Initially transferred; andPage No. 4(3)Otherwise subject to assessment under this chapter;b.The date of any transaction involving cattle referenced in subdivision a;c.The name of the person who sold the cattle;d.The number of cattle imported or the equivalent of beef or beef products;e.The amount of any assessment forwarded;f.The reason for any discrepancy between the amount forwarded and the dollar<br>amount obtained when multiplying the number of cattle referenced in<br>subdivision a by the per head assessment; andg.The date on which any assessment was paid.2.All records required by this section and any records required to verify other<br>information provided to the commission in accordance with this chapter must be:a.Maintained for a period of at least three years; andb.Made available for inspection by the commission upon request.4.1-03-15. Authorization to request records - Penalty.1.The commission may require the purchaser of cattle subject to assessment under<br>this chapter to furnish the commission with a list of persons from whom cattle were<br>purchased.2.Any person knowingly refusing to furnish the commission with required information is<br>guilty of a class B misdemeanor.4.1-03-16.Continuing appropriation.The commission shall forward all moneysreceived under this chapter to the state treasurer for deposit in the North Dakota beef<br>commission fund. All moneys in the North Dakota beef commission fund are appropriated on a<br>continuing basis to the commission to be used exclusively to carry out this chapter.4.1-03-17. Refund of assessment - Required certification by attorney general.1.When the attorney general certifies to the commission that refunds of assessments<br>paid in accordance with this chapter are no longer precluded by federal law, the<br>commission may provide refunds to producers.2.a.To receive a refund of any assessment paid in accordance with this chapter, a<br>producer shall submit to the commission a written request for a refund<br>application within sixty days after the date of the sale.b.The producer must complete the refund application and return the application to<br>the commission, together with a record of the assessment paid, within ninety<br>days after the date of the sale.The commission shall then refund the netamount of the assessment that had been collected.c.If a request for a refund is not submitted to the commission within the<br>prescribed time period, the producer is presumed to have agreed to the<br>assessment.4.1-03-18. Open records exceptions.Page No. 51.The following are not public records subject to section 44-04-18 and section 6 of<br>article XI of the Constitution of North Dakota:a.Records furnished to the commission pursuant to section 4.1-03-14;b.Records furnished to the commission pursuant to section 4.1-03-15; andc.The identity of a person that applied for a refund under section 4.1-03-17 and<br>the amount of the refund requested.2.This section does not preclude the commission from:a.Issuing general statements based upon the reports of persons subject to this<br>chapter; orb.Publishing the name of any person found guilty of violating this chapter and<br>describing the offense committed.Page No. 6Document Outlinechapter 4.1-03 beef commission]]>