North Dakota Code 4.1-09-04 – North Dakota oilseed council – Membership – Term
1. The council consists of:
Terms Used In North Dakota Code 4.1-09-04
- following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
- Individual: means a human being. See North Dakota Code 1-01-49
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
- year: means twelve consecutive months. See North Dakota Code 1-01-33
a. One participating sunflower producer elected from each of the seven districts established in section 4.1-09-02; b. One participating canola producer elected from each of the three districts established in section 4.1-09-03; c. One participating safflower producer appointed by the governor; d. One participating flax producer appointed by the governor; e. (1) One participating producer of an oilseed other than sunflowers, canola, safflowers, or flax, appointed by the governor; or
(2) One participating producer of any oilseed, appointed by the governor, if the governor is unable to appoint a participating producer who meets the requirements of paragraph 1; and
f. One individual appointed by the director of the agricultural experiment station.
2. Each member of the council who represents a district must be a resident of and participating producer in that district.
3. a. The term of each member who represents a sunflower district is three years and begins on April first following the member’s election. The terms of members who represent sunflower districts must be staggered so that:
(1) No more than three expire in any one year; and
(2) The term of the member who represents Bottineau, Burke, Divide, Renville, McHenry, McLean, Mountrail, Ward, and Williams Counties is identical to that of the member who represents Adams, Billings, Bowman, Dunn, Golden Valley, Grant, Hettinger, McKenzie, Mercer, Morton, Oliver, Sioux, Slope, and Stark Counties.
b. The term of each member who represents a canola district is three years and begins on April first following the member’s election. The terms of members who represent canola districts must be staggered so that no more than one term expires in any one year.
c. The term of each member who is appointed is three years and begins on April first following the member’s appointment. The terms of members who are appointed must be staggered so that no more than two expire in any one year.
4. If at any time a member of the council ceases to possess any of the qualifications required by this section, the member’s office is deemed vacant.
a. If the office was held by an elected member, the remaining members of the council shall appoint another qualified producer for the remainder of the term.
b. If the office was held by a gubernatorial appointee, the governor shall appoint another qualified producer.
c. If the office was held by an appointee of the director of the agricultural experiment station, the director shall appoint another qualified individual.
5. A member of the council may not serve more than four consecutive terms.
6. If an individual is appointed to complete a vacancy, that service is not counted as a term for purposes of this section unless the duration of that service exceeds one year.