DRY PEA AND LENTIL COUNCIL
[Authorized: NDCC Chapter 4 and 4.1]
The North Dakota Dry Pea and Lentil Association introduced legislation during the 1997 legislative session to promote the state’s dry pea, lentil, chickpeas, lupins, and fava bean industries, and create a check off list for dry peas and lentils (S. L. 1997, Ch. 66). A Council was established from five districts with one member elected from each producing district and with the Commissioner of Agriculture serving as an ex-officio member. In 1999, (S. L. 1999, Ch. 59) a sixth district was added and a sixth person was elected to the Council. Districts are made up of counties of nearly equal dry pea and lentil producing acreage.
Qualifications for membership include being a citizen of the U.S. and a resident of and participating producer in the district they represent. Members serve a three-year term and if at any time during the term a member fails to meet any of the qualifications the office is considered vacant and an election is held. The county Agricultural Extension Agent or the Commissioner of Agriculture may help conduct elections. Members may serve no more than three consecutive terms (S. L. 2009, Ch. 70), and the chairman is elected from within the Council and calls all of the meetings. Three members may petition for a special meeting.
Duties of the Council include managing the grower’s investment and creating a check off for the sale of dry peas and lentils, to determine the how funds raised by the assessment are spent. Areas selected are research, education programs, market development, and participation in programs sponsored by the U.S. Dry Pea and Lentil Council. An assessment of one per cent of net value is levied on peas and lentils grown in North Dakota and sold to a first purchaser.
The North Dakota Dry Pea and Lentil Council is part of the Agricultural Commodity Council. At the request of the Commissioner of Agriculture, the Legislature amended the Century Code so that the Commissioner or designee became a non-voting member of the Council. Other commodity group members are the Barley Council, Beef Commission, Beekeepers Association, Corn Utilization Council, Dairy Promotion Commission, Dry Bean Council, Oilseed Council, Potato Council, and the Soybean Council (S. L. 2009, Ch. 70, Ch. 80).
CHRONOLOGY
1997 Dry Pea and Lentil Council is created by the Legislature with one elected member from
each of the five districts. Assessment of one per cent of net value for product sold (S. L.
1997, Ch. 66).
1999 A sixth district is added and an additional Council member is elected (S. L. 1999, Ch. 59).
2001 Assessments deposited in a special dry pea and lentil fund in the State Treasury (S. L.
2001, Ch. 69).
2009 Dry Pea and Lentil Council becomes part of the Agricultural Commodity Council. North
Dakota Century Code chapter amended to include other commodity groups. (S. L. 2009, Ch. 70 and 80). Legislation repealed [NDCC 4-10.7] of the Code and replaced it with [NDCC 4.1-07] regarding the Dry Pea and Lentil Council (S.L. 2009, Ch. 80).
2011 The Century Code was amended [NDCC 4-24-09] as it related to investments of the agricultural commodity funds as established by the State Treasurer [NDCC 21-10-07]. The Dry Pea and Lentil Council was included in this legislation (S.L. 2011, Ch. 61). "Dry peas and lentils" include chickpeas, lupins, and fava beans.
2017 Legislation made changes to the Century Code [NDCC 4.1- 01 – 12] concerning all commodity groups including the Dry Pea and Lentil Council and the role of the Commissioner of Agriculture. Legislation also addressed the Agricultural Commodity Assessments Funds [NDCC 4.1- 54 – 03] and the investment income allocation as established by the State Treasurer. A credit of twenty percent of the investment income derived from the Dry Pea and Lentil Council Fund was sent to the general fund for accounting, printing, data processing, legal, and other services [NDCC 21 - 10 – 07] with the remaining eighty percent going to the Council. (S.L. 2017, Ch. 61). Reports from the Dry Pea and Lentil Council were submitted to the Standing Agriculture Committee of each House of the Legislative Assembly and contained a summary of the activities of the Council during the current biennium, a statement of revenues and expenditures for the next biennium, and a copy of the report submitted to the State Auditor providing a statement of revenues and expenditures for the previous two fiscal years. (S.L. 2017, Ch. 61).
SOURCES
Dry Pea and Lentil Council Website
North Dakota Century Code, Chapter 4 and 4.1.
North Dakota Secretary of State Blue Book.
North Dakota State Legislature Session Laws.
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