South Dakota Codified Laws 49-45-9. Bond requirements–Violation as misdemeanor–Amount
Before any grain buyer license is issued by the commission, the applicant shall file with the commission a bond conditioned to secure the faithful performance of the applicant’s obligations as a grain buyer and full and unreserved compliance with the laws of this state and the rules of the commission, relating to the purchase of grain by the grain buyer. The bond is for the specific purpose of protecting persons selling grain to the grain buyer. However, the bond may not benefit any person entering into a voluntary credit sale with a grain buyer. Any person who does business as a grain buyer without a bond is guilty of a Class 1 misdemeanor. Each day a person conducts the business of a grain buyer without a bond is a separate offense.
The amount of the bond for a Class A or Class B grain buyer’s license shall be based on a rolling average of the dollar amount of grain purchased by the applicant in South Dakota during the last three calendar years. For a new grain buyer, the first year’s bond shall be based on projected purchases. For a grain buyer with less than three years experience as a grain buyer, the bond shall be based on the average actual purchases made by the grain buyer in all of its previous years as a grain buyer or projected purchases, whichever amount is higher. The bond applies to all grain purchases for all of the grain buyer’s business locations.
Attorney's Note
Under the South Dakota Laws, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class 1 misdemeanor | up to 1 year | up to $2,00 |
Terms Used In South Dakota Codified Laws 49-45-9
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
The amount of the bond for a Class A grain buyer’s license is:
|
Dollar Amount of Grain Purchased |
Bond Requirement |
|
Less than $2,000,001 |
$50,000 |
|
$2,000,001–$5,000,000 |
$100,000 |
|
$5,000,001-$10,000,000 |
$150,000 |
|
$10,000,001-$20,000,000 |
$200,000 |
|
$20,000,001-$30,000,000 |
$250,000 |
|
$30,000,001-$40,000,000 |
$300,000 |
|
$40,000,001-$55,000,000 |
$350,000 |
|
$55,000,001-$70,000,000 |
$400,000 |
|
$70,000,001-$85,000,000 |
$450,000 |
|
$85,000,001-$100,000,000 |
$500,000 |