North Dakota Senate Bill SB2161

North Dakota 2025-2026 Regular Session

• Introduced: 1/10/25
• Refer: 1/10/25
• Report Pass: 1/27/25
• Engrossed: 1/29/25
• Refer: 2/18/25
• Report Pass: 3/7/25
• Enrolled: 3/14/25
• Passed: 3/18/25

Caption

AN ACT to amend and reenact sections 4.1-02-03, 4.1-02-12, and 4.1-13-15 of the North Dakota Century Code, relating to member districts and the assessments levied by the barley council and wheat commission.

Summary

SB 2161 makes three related changes to North Dakota law governing the state’s barley and wheat producer organizations. First, it updates the membership rules for the barley council, including how district seats are filled, term limits, and a new process for appointing an at-large producer from another district when a district cannot elect a representative because no participating producer is available. Second, it increases the barley assessment from 20 mills to 30 mills per bushel on barley grown, delivered, or sold in the state, while continuing the exemption for barley grown by a producer and used as livestock feed. Third, the bill increases the wheat assessment from 15 mills to 20 mills per bushel by weight on wheat grown in North Dakota, wheat delivered into the state, and wheat sold through commercial channels to a first purchaser in the state. These assessments are the funding mechanism for the barley council and wheat commission, so the bill effectively raises producer-funded revenue for those commodity groups and adjusts their governing structure at the same time.

Impact

The bill amends sections 4.1-02-03, 4.1-02-12, and 4.1-13-15 of the North Dakota Century Code. Its practical effect is to raise mandatory commodity checkoff-style assessments on barley and wheat producers and handlers, which will increase funding available to the barley council and wheat commission for promotion, research, and related activities authorized under state law. It also changes the governance rules for the barley council by clarifying district representation and creating an at-large appointment mechanism when a district lacks an eligible participating producer.

Sentiment

The bill appears to have broad legislative support. It passed the Senate 45-2 and the House 79-11, indicating strong bipartisan approval with only limited opposition. The vote pattern suggests that most lawmakers accepted the need to adjust commodity assessments and council membership rules, though a minority remained skeptical of increasing producer assessments.

Contention

The main point of contention is the increase in mandatory assessments on barley and wheat, which directly raises costs for producers and first purchasers. Opponents likely objected to the higher per-bushel charges or to expanding the financial burden on the agricultural sector. The membership changes for the barley council appear less controversial, but the at-large appointment provision could raise concerns among some producers about district representation and local control if a district cannot field its own eligible representative.