§ 11-50-106 — Dry bean commission account; assessment rate; collection and payment of assessment

(a) All monies received by the commission shall be
deposited in the state treasury. The state treasurer shall
deposit the monies to the credit of the dry bean commission
account which is hereby created. Interest earned on monies in
the account shall be deposited to the credit of the account. All
monies in the account including earned interest shall be
expended only for the purposes authorized by this act.
(b) Assessments collected by department under this
section shall be deposited with the state treasurer to the
credit of the account created by subsection (a) of this section.
Monies received by the commission under this subsection shall be
used to administer this act.
(c) The commission shall at the end of each quarter
reimburse the department for collection and administrative costs
incurred by the department in collecting the assessment under
subsection (b) of this section. The amount reimbursed shall
equal one percent (1%) of the assessments collected during the
quarter and shall be deposited with the state treasurer.
(d) The amount of the assessment collected under this
section shall be as follows:
(i) For growers, thirty-four hundredths percent
(0.34%) of the value of the settlement to the grower;
(ii) For handlers, seventeen hundredths percent
(0.17%) of the value of the settlement to the grower;
(iii) After July 1, 2017, the commission by rule may
change the assessment levied under this section provided that
the proportion shall be two-thirds (2/3) on the grower and
one-third (1/3) on the handler and the total levy shall not
exceed one percent (1%) of the value of the settlement to the
grower.
(e) The assessment rate as determined under subsection (d)
of this section shall be paid by the respective grower and
handler who are primarily liable. The first handler of beans
sold or contracted in a commercial channel shall collect the
required assessment from the grower and shall remit the
assessment from the grower and the handler to the department not
later than the fifteenth day of the month immediately following
the quarter in which the beans were sold or contracted. The
first time each year that a handler submits assessments under
this section, the handler shall also submit a list of the name
and address of all growers that the handler collected
assessments from in the immediately preceding year.
(f) If dry beans are mortgaged or pledged as security for
a loan from a governmental agency, the assessment under this
section shall be deducted from the proceeds of the loan at the
time of the disbursement of the loan. If there is an overage of
dry beans at the time of settlement of the loan, the over
payment shall be credited to the account of the grower.
(g) Dry beans stored in private or public storage within
the state shall not be liable for an assessment under this
section until a sale of the beans is made.
(h) A grower who through his activities also qualifies as
a handler under this act or a grower who ships, sells or
otherwise disposes of beans to a handler or for storage outside
of the jurisdiction of this act shall remit to the department
the full amount of the assessment due under this section. Dry
beans which originate from any other state that collects a
similar assessment and the state bases the assessment on the
location of the first sale shall be treated as if they were
grown within Wyoming if the beans are handled first by a Wyoming
handler. Not later than November 1 each year, the commission
shall determine any states that collect a similar assessment as
provided under this section and shall notify all handlers of
those states.