Changes to Existing Law

38-10-34. Any Except as otherwise provided in section of this Act, any person, firm, or corporation subject to the fee provided in this chapter that objects to the collection of the fee may, within sixty days following the collection, apply to the wheat commission for a refund of the fee. Upon the return of the refund application, accompanied by a true, legible record of the invoices delivered by the purchaser to the grower, the commission shall, within thirty days, refund the net amount of the fee collected to the grower. If no request for refund has been made within sixty days after the collection of the fee, the grower shall be is conclusively presumed to have agreed to the deduction. The commission shall make the refund application available online and provide for the electronic submission of the application and all required documentation. 14

38-27-16. Any Except as otherwise provided in section of this Act, any grower subject to the assessment provided in this chapter, within sixty days following the assessment, may make application to the oilseeds council for a refund of the assessment. Upon return of the refund application accompanied by a record of the assessment by the first purchaser, the grower shall, within sixty days, be refunded the net amount of the assessment collected. However, a grower, for any reason, having paid the assessment more than once on the same sunflowers, safflowers, canola, or flax, upon furnishing proof of this to the council, is entitled to a refund of the overpayment. The council shall make the refund application available online and provide for the electronic submission of the application and all required documentation. 8

38-32-20. Any Except as otherwise provided in section of this Act, any grower subject to the assessment provided in this chapter may, within sixty days following such assessment, make application to the council for a refund of the assessment. Upon the return of the refund application, accompanied by a record of the assessment by the first purchaser, the grower shall, within sixty days, be refunded the net amount of the assessment collected. However, a grower who has paid the assessment more than once on the same corn is entitled to a refund of the overpayment. The council shall make the refund application available online and provide for the electronic submission of the application and all required documentation. 24

Application for refund. 31 38-33-10. Within ninety days following the assessment, Except as otherwise provided in section of this Act, any seller subject to the assessment provided in §§ 38-33-1 38-2 33-1 to 38-33-12, inclusive, may may, within sixty days following the assessment, apply to the commission for a refund of the assessment. The refund application shall must be accompanied by a copy of the record of the assessment on the sale. The commission shall refund the amount of the assessment collected within sixty days of receiving a valid refund application. The commission shall make the refund application available online and provide for the electronic submission of the application and all required documentation. 9

38-34-18. Any Except as otherwise provided in section of this Act, any grower subject to the assessment provided in this chapter, within sixty days following the assessment, may apply to the council for a refund of the assessment. Upon return of the refund application accompanied by a record of the assessment by the first purchaser, the grower shall, within sixty days, be refunded the net amount of the assessment collected. Additionally, a grower, who for any reason, pays the assessment more than once on the same pulse crops, upon furnishing proof of this to the council, is entitled to a refund of the overpayment. The council shall make the refund application available online and provide for the electronic submission of the application and all required documentation. 28

40-31-17. Any producer desiring a refund of an assessment paid under this chapter must himself make written shall file an application to with the secretary of the American Dairy Association of South Dakota therefor. Such application may only be made on an annual basis and may only be made within thirty days after July first, of each year on forms provided by the association. Upon receipt of such completed refund application upon such forms, the association. The application must be filed on or before September first for the period beginning July first of the previous year through June thirtieth of the year of filing. The secretary of the association shall, within thirty sixty days of receiving the application, approve the voucher for payment of the net refund due such the producer and transmit such the voucher to the state auditor. The association shall make the application available in printed form upon request and electronically online. The association shall provide for the electronic submission of the application and all required documentation. 17