Summary — North Dakota SB 2161 (2025)
Bill purpose: Amend membership rules for the barley council and increase per‑bushel assessments for barley and wheat to raise program funding.
Key provisions
- Statutes amended: NDCC §§ 4.1‑02‑03, 4.1‑02‑12, and 4.1‑13‑15.
- Council membership and governance (NDCC § 4.1‑02‑03)
- Confirms the council is composed of one individual elected from each district established in § 4.1‑02‑02.
- Requires each council member to be a resident and a participating producer in the district represented.
- Sets elected member terms at four years beginning April 1 and requires staggered terms so no more than two terms expire each year.
- Provides that if a member loses required qualifications during the term, the council must appoint a qualified producer to finish the term.
- Imposes a three‑term consecutive limit for elected members. Service by appointment to fill a vacancy does not count as a term unless the appointment lasts more than one year.
- If a district cannot elect a representative because no participating producer is available, the council may appoint, by majority vote, a participating producer from another district to represent that district “at large” until the next election; that appointee may later seek election in their home district.
- Barley assessment (NDCC § 4.1‑02‑12)
- Increases the assessment on barley from 20 mills per bushel to 30 mills per bushel.
- Retains the exemption for barley grown and used by the producer as livestock feed.
- Note: 1 mill = $0.001, so this raises the assessment from $0.020/bushel to $0.030/bushel (an increase of $0.01/bu).
- Wheat assessment (NDCC § 4.1‑13‑15)
- Increases the assessment on wheat from 15 mills per bushel to 20 mills per bushel.
- Applies to wheat grown in the state at time of sale, delivered into the state at time of sale, or sold to a first purchaser through commercial channels.
- Equivalent change: from $0.015/bushel to $0.020/bushel (an increase of $0.005/bu).
Who is affected
- Barley and wheat producers in North Dakota (higher per‑bushel assessments).
- First purchasers and handlers required to collect/remit assessments under current law.
- The barley council and wheat commission (increased assessment revenue to fund their activities).
- Council governance: participating producers eligible to serve; districts lacking producers may be represented by an at‑large appointee.
Procedural status (as provided)
- Introduced March 10, 2025.
- Passed both chambers (Senate vote 45–2; House vote 79–11).
- Filed with the Secretary of State on March 18, 2025 (record indicates final steps completed).
Potential impacts
- Revenue: modest per‑bushel increases that scale with production volumes — likely to generate additional funding for barley and wheat council/commission programs (marketing, research, inspection, etc.).
- Producers: small increase in per‑bushel cost burden; exemption preserved for barley fed on‑farm.
- Governance: clarifies member qualifications, term limits, vacancy procedures, and a mechanism to ensure district representation when no local producer is available.
If you want, I can estimate annual revenue change using North Dakota production figures or extract the existing statutory language for comparison.
