HB 1207 — A BILL for an Act to create and enact four new sections to chapter 4.1-03 of the North Dakota Century Code, relating to the creation of districts, district commission member nomination and election procedures, the costs of elections of district representative commission members, and the referral of cattle assessments; to amend and reenact sections 4.1-03-01, 4.1-03-02, 4.1-03-03, 4.1-03-04, 4.1-03-12, and 4.1-03-17 of the North Dakota Century Code, relating to the definition of a cattle industry representative, the election and terms of members to the North Dakota beef commission, commission vacancies, and requiring livestock auction markets and livestock dealers to forward names of cattle sellers, and the refund of assessments; to provide a penalty; and to provide an effective date.

25.0418.0200025.0418.04000 Sixty-ninth Legislative Assembly of North Dakota FIRST ENGROSSMENT ENGROSSED HOUSE BILL NO.

1207 of North Dakota Introduced by Representatives Hauck, Henderson, S.

to amend and reenact sections 4.1-03-01, 4.1-03-02, 4.1-03-03, 4.1-03-04, 4.1-03-12, and 4.1-03-124.1-03-17 of the North Dakota Century Code, relating to the definition of a cattle industry representative, the election and terms of members to the North Dakota beef commission, commission vacancies, and requiring livestock auction markets and livestock dealers to forward names of cattle sellers;sellers, and the refund of assessments;

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AMENDMENT.

Section 4.1-03-17 of the North Dakota Century Code is amended and reenacted as follows:

4.1-03-17.

Permitted refunds of assessment - Refunds requiring certification by attorney general.

1.

a.When the attorney general certifies to the commission that refunds of assessments paid under subdivision a of subsection 1 of section 4.1-03-11 are no longer precluded by federal law, the commission may provide to producers refunds of assessments paid under subdivision a of subsection 1 of section 4.1-03-11.

b.

Refunds of assessments paid under subdivision b of subsection 1 of section 4.1-03-11 are available, subject to the requirements of this section.

2.

a.

To receive a permitted refund of any assessment paid in accordance with this chapter, a producer shall request a refund application from the commission within sixty days after the date of the sale.

The request may be made orally, in writing, or in electronic form.

b.

The producer must complete the refund application and return the application to the commission, together with a record of the assessment paid, within ninety days after the date of the sale.

The application may be returned to the commission in person, by mail, or in electronic form.

The commission shall then refund the net amount of the assessment that had been collected.

c.

If a request for a refund is not submitted to the commission within the prescribed time period, the producer is presumed to have agreed to the assessment.

SECTION 7.