CHAPTER 205

(HB 1071)

State Seed Certification Board membership changed.


         ENTITLED, An Act to  amend the composition, supervision, and functioning of the State Seed Certification Board.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

     Section  1.  That § 38-11-2 be amended to read as follows:

     38-11-2.   All members of the State Seed Certification Board shall be electors of the state; one two shall be a person persons recommended for appointment by the South Dakota Crop Improvement Association; one shall be a person recommended for appointment by the South Dakota Horticultural Society; one shall be a representative of the State Department of Agriculture; one two member shall be a person persons recommended by the dean of agriculture at South Dakota State University ; one shall be a person recommended for appointment by the South Dakota Potato Growers' Association; the . The members of the board shall be appointed so as to represent all areas of the state. The secretary of agriculture shall make these appointments from a list lists of two or more names submitted for each position on the board.

     Section  2.  That § 38-11-1.1 be amended to read as follows:

     38-11-1.1.   The Seed Certification Board shall be administered under the direction and supervision of the Department of Agriculture and the secretary thereof College of Agriculture and Biological Sciences at South Dakota State University and the dean of the college , but shall retain the quasi-judicial, quasi-legislative, advisory, other nonadministrative and special budgetary functions ( , as defined in § 1-32-1 ) , otherwise vested in it and shall exercise those functions independently of the secretary of agriculture dean and the college .

     Section  3.  That § 38-11-4 be amended to read as follows:

     38-11-4.   The State Seed Certification Board shall hold its meetings at the seat of government at such times and places as it designates , but there shall not be . The board shall hold at least one, but not more than four regular meetings each year, including the annual meeting which shall be held on the last Tuesday of January of each year, at which . At the annual meeting the president, vice-president, and secretary shall be elected for the ensuing year ; provided that the . The president of the board shall have power to may call special meetings whenever in his judgment he finds the president judges it necessary.

     Section  4.  That § 38-11-6 be amended to read as follows:

     38-11-6.   The State Seed Certification Board is secretary of agriculture and the dean of the College of Agriculture and Biological Sciences at South Dakota State University shall designate the official seed certifying agency for the state. The board State Seed Certification Board may designate one or more public or private entities to perform necessary seed certification activities under the supervision of the board. The board may designate separate official certification agencies for various types or classifications of seed or propagating materials. The board shall notify the secretary and the dean of any designations made pursuant to this section.

     Signed February 17, 2006
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