25.0418.02000
Sixty-ninth
Legislative Assembly HOUSE BILL NO. 1207
of North Dakota
Introduced by
Representatives Hauck, Henderson, S. Olson
Senators Boehm, Schaible, Van Oosting
1 A BILL for an Act to create and enact four new sections to chapter 4.1-03 of the North Dakota
2 Century Code, relating to the creation of districts, district commission member nomination and
3 election procedures, the costs of elections of district representative commission members, and
4 the referral of cattle assessments; to amend and reenact sections 4.1-03-01, 4.1-03-02,
5 4.1-03-03, 4.1-03-04, and 4.1-03-12 of the North Dakota Century Code, relating to the definition
6 of a cattle industry representative, the election and terms of members to the North Dakota beef
7 commission, commission vacancies, and requiring livestock auction markets and livestock
8 dealers to forward names of cattle sellers; to provide a penalty; and to provide an effective date.
9 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
10 SECTION 1. AMENDMENT. Section 4.1-03-01 of the North Dakota Century Code is
11 amended and reenacted as follows:
12 4.1-03-01. Definitions.
13 As used in this chapter:
14 1. "Beef producer" means any person that has an ownership interest in cattle.
15 2. "Cattle" means live domesticated bovine animals.
16 3. "Cattle feeder" means a person in the business of feeding cattle for the purpose of
17 adding weight to the cattle prior to slaughter.
18 4. "Cattle industry representative" means an individual who is or has been a beef
19 producer, cattle feeder, dairy producer, or representative of a public livestock market in
20 the state.
21 5. "Commission" means the North Dakota beef commission.
22 5.6. "Dairy producer" means any person in the business of producing and selling milk from
23 cows.
24 6.7. "Director" means the director of the North Dakota state university extension service.
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1 8. "Eligible voter" means a beef producer who is at least eighteen years of age.
2 9. "Livestock auction market" means a public market or private buying station in which
3 livestock is offered for sale or sold.
4 7.10. "Livestock dealer" means a person that purchases cattle and is required to be licensed
5 under chapter 36-044.1-83.
6 8.11. "Participating producer" means a beef producer that has not obtained a refund of any
7 assessment paid on the sale of cattle under this chapter for the preceding three
8 yearsyear.
9 12. "Public livestock market" means a livestock auction market, public market, or private
10 buying station in which livestock is offered for sale, auctioned, or sold and is required
11 to be licensed under chapter 4.1-27 or 4.1-28.
12 SECTION 2. AMENDMENT. Section 4.1-03-02 of the North Dakota Century Code is
13 amended and reenacted as follows:
14 4.1-03-02. North Dakota beef commission - Membership - Qualifications.
15 1. The North Dakota beef commission consists of:
16 a. Three beef producers;
17 b. One cattle feeder;
18 c. One dairy producer;
19 d. One representative of a public livestock market; and
20 e. Three at-large representatives.
21 2. The governor shall appoint:
22 a. Each beef producer from a list of at least two names submitted by the North
23 Dakota stockmen's association;
24 b. The cattle feeder from a list of at least two names submitted by the North Dakota
25 stockmen's association feeder council;
26 c. The dairy producer from a list of at least two names submitted by the milk
27 producers association of North Dakota;
28 d. The representative of a public livestock market from a list of at least two names
29 submitted by the North Dakota livestock marketing association; and
30 e. The three at-large representatives.
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1 3. a.The commission consists of one cattle industry representative elected from each of
2 the districts under section 6 of this Act. The chairman, vice chairman, and secretary-
3 treasurer of the commission, serving on December 31, 2025, may continue to serve in
4 their respective positions as provided under section 4.1-03-03.
5 2. Each member of the commission must:
6 (1)a. Be a United States citizen and a resident of this state;
7 (2)b. Physically reside in the district the member represents; and
8 c. Be an actively engaged in that phase of the cattle industry the member
9 represents; and
10 (3) Have been actively engaged in that phase of the cattle industry for a period
11 of five yearsrepresentative.
12 b.3. Each member of the commission, exceptunless the member is a representative of a
13 public livestock market, must be a participating producer.
14 c.4. For purposes of this subsection, "actively engaged" means that the individual:
15 (1)a. Has an ownership interest in ana cattle operation that is qualifies the individual as
16 a cattle industry representative;
17 b. Is engaged in an activity of sufficient scope and significance as to constitute a
18 distinct activity; and
19 (2)c. Has and regularly exercisesexercised direct control of the cattle operation for the
20 preceding year.
21 SECTION 3. AMENDMENT. Section 4.1-03-03 of the North Dakota Century Code is
22 amended and reenacted as follows:
23 4.1-03-03. Term of office.
24 1. TheExcept as otherwise provided in this section, the term of office for each member is
25 three years and begins on JulyJanuary first. The terms must be staggered so that no
26 more than three terms expire each year.
27 2. The terms of all commission members, except the members serving as chairman, vice
28 chairman, and secretary-treasurer of the commission on December 31, 2025, expire
29 on December 31, 2025.
30 a. The chairman of the commission, serving on December 31, 2025, shall represent
31 district six, as described under section 6 of this Act, until December 31, 2027.
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1 b. The vice chairman of the commission, serving on December 31, 2025, shall
2 represent district one, as described under section 6 of this Act, until
3 December 31, 2028.
4 c. The secretary-treasurer of the commission, serving on December 31, 2025, shall
5 represent district nine, as described under section 6 of this Act, until
6 December 31, 2026.
7 d. The chairman, vice chairman, and secretary-treasurer of the commission, serving
8 on December 31, 2025, each serving their respective term under this subsection,
9 have the same rights, duties, and privileges as elected commission members.
10 3. Between October 1, 2025, and December 31, 2025, districts two, three, four, five,
11 seven, and eight, as described under section 6 of this Act, each shall elect a
12 commission member with a term, beginning January 1, 2026. The initial terms of
13 individuals elected to begin serving as commission members on January 1, 2026, are:
14 a. One year for commission members representing districts two and five;
15 b. Two years for commission members representing districts three and seven; and
16 c. Three years for commission members representing districts four and eight.
17 4. Between October first and December thirty-first of the calendar year in which a
18 commission member's term is to expire, the respective district shall elect an individual
19 to serve as a commission member to represent that district for the succeeding term.
20 5. A member of the commission may not serve more than two consecutive terms. If an
21 individual is appointed after August 1, 2009, to complete a vacancy, thatThe service is
22 not counted as aof the initial term, for purposes of this section, unless the duration of
23 that service exceeds one year under subdivision a of subsection 3 for commission
24 members of districts two and five is not counted for purposes of this subsection.
25 SECTION 4. AMENDMENT. Section 4.1-03-04 of the North Dakota Century Code is
26 amended and reenacted as follows:
27 4.1-03-04. Vacancy.
28 If a member's office is vacant, the position must be filled, for the remainder of the term, in
29 the same manner as the original appointment. A member's office is vacant if:
30 1. At any time during a member's term the member ceases to possess any of the
31 qualifications provided for in this chapter;
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1 2. Any event enumerated in section 44-02-01 occurs; or
2 3. The commission determines that a member has failed to attend three consecutive
3 meetings of the commission without justificationa commission member fails to meet the
4 qualifications required to serve as a commission member under this chapter or a vacancy under
5 section 44-02-01 occurs, the commission, by majority vote, shall appoint a qualified cattle
6 industry representative for the remainder of the term. If an individual is appointed by the
7 commission to complete a vacancy, that service is not counted as years of service under
8 section 3 of this Act, unless the duration of that service exceeds one year. An individual
9 appointed under this section has the same rights, duties, and privileges as an elected
10 commission member.
11 SECTION 5. AMENDMENT. Section 4.1-03-12 of the North Dakota Century Code is
12 amended and reenacted as follows:
13 4.1-03-12. Collection of assessment.
14 1. Each livestock auction market and livestock dealer shall:
15 a. Collect the assessments due under this chapter by deducting the assessments
16 from any credit given or payment made to the seller of the cattle, at the time of
17 the transaction; and
18 b. Forward the assessments to the commission in accordance with section
19 4.1-03-13.
20 2. a. If a person sells North Dakota cattle outside this state or if a person sells North
21 Dakota cattle to an out-of-state buyer, the person shall forward any assessments
22 due under this chapter to the commission in accordance with section 4.1-03-13.
23 b. This subsection does not apply if the assessment has been paid to a brand
24 inspector in another state or to another qualified state beef council.
25 3. Any other person selling cattle in this state shall forward any assessments due under
26 this chapter to the commission in accordance with section 4.1-03-13.
27 SECTION 6. A new section to chapter 4.1-03 of the North Dakota Century Code is created
28 and enacted as follows:
29 Geographical districts.
30 1. The state consists of the following districts:
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1 a. District one: Barnes, Cass, Cavalier, Eddy, Foster, Grand Forks, Griggs, Nelson,
2 Pembina, Ramsey, Steele, Towner, Traill, and Walsh Counties;
3 b. District two: Dickey, LaMoure, McIntosh, Ransom, Richland, and Sargent
4 Counties;
5 c. District three: Kidder, Logan, and Stutsman Counties;
6 d. District four: Burleigh, Emmons, Sheridan, and Wells Counties;
7 e. District five: Benson, Bottineau, McHenry, Pierce, Renville, and Rolette Counties;
8 f. District six: Burke, Divide, McKenzie, McLean, Mountrail, Ward, and Williams
9 Counties;
10 g. District seven: Billings, Dunn, Golden Valley, Oliver, and Mercer Counties;
11 h. District eight: Adams, Bowman, Hettinger, Slope, and Stark Counties; and
12 i. District nine: Grant, Morton, and Sioux Counties.
13 2. The commission shall review the nine district boundaries and tally the number of cattle
14 in each district at least once every seven years to ensure accurate producer
15 representation. If the commission determines the nine districts do not accurately
16 represent cattle industry representatives in the state, the commission may enact a
17 redistricting plan to amend district boundaries, provided each district contains at least
18 three undivided counties. If two-thirds of the elected commission members vote in
19 favor of the proposed redistricting plan, the commission shall adopt the plan. If the
20 commission adopts a redistricting plan, the commission shall submit a bill to the next
21 legislative assembly to amend subsection 1 in a manner consistent with the results of
22 the redistricting plan. The redistricting plan becomes effective on the date the
23 amended district boundaries under subsection 1 become effective.
24 SECTION 7. A new section to chapter 4.1-03 of the North Dakota Century Code is created
25 and enacted as follows:
26 Director of the North Dakota state university extension service - Nomination and
27 election of district commission candidates.
28 1. a. The director of the North Dakota state university extension service shall oversee
29 district representative commission member nominations and elections.
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1 b. Between October first and December thirty-first of each year, the director shall
2 conduct the nominating and election process to elect successors for districts with
3 terms expiring that fiscal year.
4 c. The director shall notify all known cattle industry representatives in the respective
5 district and request nominations for district representative commission candidates
6 no fewer than forty-five nor more than sixty days before the district representative
7 commission election. The notice must be published in all official county
8 newspapers within the district or by reliable electronic means.
9 d. To be eligible as a candidate in a district commission election, at least five cattle
10 industry representatives who reside in the district shall nominate the candidate in
11 writing. A cattle industry representative may not self-nominate.
12 e. Upon receiving the district commission nominations, the director shall certify that
13 nominated candidates meet the requirements of section 4.1-03-02. The director
14 shall prepare the election ballots with the names of the certified nominated district
15 commission candidates. Each ballot also must include a statement indicating:
16 (1) The date, time, and location the director will open the ballots and tabulate
17 the results;
18 (2) The last date by which the ballots must be postmarked or filed with the
19 director; and
20 (3) Any cattle industry representative in the district may be present at the time
21 the ballots are opened and tabulated.
22 f. The director shall hold the district commission election by mail paper ballot. The
23 director shall mail the ballots to each known cattle industry representative in the
24 district at least thirty days before the election.
25 g. The director shall canvass the votes. The director shall notify the commission and
26 the governor that the election has taken place, and provide to the commission
27 and the governor the name and address and term of the newly elected district
28 representative commission member.
29 2. If the cattle industry representatives in a district fail to elect an individual, as required
30 by this section, the director shall notify the commission and the governor. The
31 governor shall appoint a cattle industry representative who meets the requirements of
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1 section 4.1-03-02 to serve as the district commission member for the district. An
2 individual appointed under this subsection has the same rights, duties, and privileges
3 as an elected commission member.
4 3. Each eligible voter is entitled to one vote and must vote in the district in which the
5 voter's livestock operation headquarters is located. If an eligible voter has multiple
6 livestock operation headquarters in more than one district, the eligible voter shall cast
7 their vote in the district in which