DRY BEAN COUNCIL
[Authorized: NDCC Chapter 4 and 4.1]
In 1977 (S. L. 1977, Ch. 53) the Legislature passed the Edible Bean Industry Promotion Act establishing the Edible Bean Council. In 1997 (S. L. 1997, Ch. 63) the name was changed to the Dry Bean Council. Edible beans include black, cranberry, dark red kidney, great northern, light red kidney, navy, pinto, and small red. The Council was created to promote, advertise, research, and develop the edible bean industry in the state.
The state has six dry bean-producing districts (S. L. 2009, Ch. 80), a change from five when the Council was created (S. L. 1977, Ch. 53), with one member of the Council elected from each of the districts. The Commissioner of Agriculture served as an ex-officio member of the Council. Council members must be a U.S. citizen and a resident of and participating producer in the district the member represents. The term of membership is three years. Should a member cease to meet any of the qualifications the office is considered vacant, and the remaining Council members elect a qualified member from the district. The County Agriculture Extension Agent or Agriculture Commissioner may aid in the selection. An elected Council member may not serve more than three consecutive terms. The chairman, who is elected from within the Council membership, calls the meetings. Three members may petition for a special meeting and the meeting is to be held within seven days of the petition.
The Council retains and manages an office in the state and determines the use of the profits raised through the assessment and other methods. Funding is generated by a per-hundred-weight check-off fee. Initially in 1977 the check off fee was five cents per-hundred-weight but increased in 1997 to ten cents. Use of profits may include research, educational programs, market development, and participation in programs under the auspices of other state, regional, national, and international commodity councils. The North Dakota and Minnesota Councils subcontract with Northarvest Bean Growers Association to handle lobbying and promotional efforts.
The North Dakota Dry Bean 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 Pea and Lentil Council, Oilseed Council, Potato Council, and the Soybean Council (S. L. 2009, Ch. 70, Ch. 80).
CHRONOLOGY
1977 Edible Bean Industry Act is established and the Edible Bean Council is created.
Commissioner of Agriculture is ex-officio member (S. L. 1977, Ch. 53).
1979 County Agricultural Extension Agent may be designated to conduct Council elections in the dry bean districts (S. L. 1979, Ch. 96).
1991 Definition of designated edible bean handler changed along with new regulations relating to assessment and penalties (S. L. 1991, Ch. 62).
1997 Assessments changed from five cents to ten cents per-hundred-weight (S. L. 1997, Ch. 63).
1997 Name changed to Dry Bean Council. Council must report progress to Legislature within first ten days of the session.
2009 Districts increased to six and changes made in duties and powers of the board. Dry Bean Council becomes a part of the Agricultural Commodity Council. North Dakota Century Code chapter amended to include other commodity groups. (S. L. 2009, Ch. 70 and Ch. 80).
2011 The Century Code was amended [NDCC 4-24-09] relating to investments of the agricultural commodity funds as established by the State Treasurer [NDCC 21-10-07]. The Dry Bean Council was included in this legislation (S.L. 2011, Ch. 61). According to the Century Code the Dry Bean Council has responsibility to determine the uses for which any moneys are raised including the funding of research education programs and market development efforts, and participation in programs under the auspices of other state, regional, national, and international commodity councils. Additionally, the Council may develop and disseminate information regarding the purpose of the dry bean assessment and show ways in which the assessment benefits dry bean producers [NDCC 4.1-06-10].
2013 According to the Century Code [NDCC 4.1-52.03] one individual who is a member of the Dry Bean Council serves on the Seed Commission (S.L. 2013, Ch. 71).
2017 Legislation made changes to the Century Code [NDCC 4.1- 01 – 12] concerning all commodity groups including the Dry Bean 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 established by the State Treasurer. A credit of twenty percent of the investment income derived from the Dry Bean Council Fund went into the general fund for accounting, printing, data processing, legal, and other services [NDCC 21 - 10 – 07]. The remaining eighty percent allotted to the Council. (S.L. 2017, Ch. 61). Reports submitted to the Standing Agriculture Committee of each House of the Legislative Assembly from the Dry Bean Council contained a summary of the activities from the current biennium and a statement of revenues and expenditures for the next biennium. A copy of the report was submitted to the State Auditor providing a statement of revenues and expenditures for the previous two fiscal years. (S.L. 2017, Ch. 61).
SERIES
20604 Red River Edible Bean Growers Association. Records.
SOURCES
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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