Changes to Existing Law

In addition to the fee imposed by § 38-19-10, each licensed distributor of4 commercial fertilizer shall pay to the secretary of agriculture for all commercial fertilizer5 distributed in this state an inspection fee of twenty-five cents per ton in accordance with the6 provisions of § 38-19-12. However, if the distributed fertilizer is made up entirely of composted or manipulated animal manure, the fee shall only be one-fifth of the fee collected and deposited for commercial fertilizer, pursuant to this section. Notwithstanding the provisions of § 38-19-14, the fee imposed by this section shall be deposited in the precision agriculture fund created10 pursuant to § 13-49-38. (This section is repealed pursuant to SL 2018, ch 123, § 11 on the first11 day of the fiscal year following a determination by the Board of Regents that the bonds12 authorized pursuant to SL 2018, ch 123, § 4 are satisfied and paid in full.)

100 copies were printed on recycled paper by the South DakotaLegislative Research Council at a cost of $.167 per page.v Insertions into existing statutes are indicated by underscores.Deletions from existing statutes are indicated by overstrikes. - 2 -HB 1188 38-19-49. From each fee collected pursuant to § 38-19-10, fifty cents shall be deposited into1 the nutrient research and education fund created in § 38-19-48. However, if the distributed fertilizer is made up entirely of composted or manipulated animal manure, the fee shall only be one-fifth of the fee collected and deposited for commercial fertilizer, pursuant to this section. The nutrient research and education fund shall be disbursed as follows: (1)The Agriculture Experiment Station may use an amount not to exceed five percent6 of the revenue deposited in the fund for administrative expenses necessary to carry7 out the functions of §§ 38-19-48 to 38-19-51, inclusive; (2)The balance of the fund shall be used for fertilizer-related, nutrient-related, and water9 quality-related research and education purposes in conjunction with the Nutrient10 Research and Education Council; and11 (3)Beginning in fiscal year 2020, a minimum of ten percent of the fund shall be used to12 support water quality projects.13