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Modify the annual fee for concentrated animal feeding operations and to establish an application fee.
HB1021 creates new annual fees for concentrated animal feeding operations based on the type and number of animals they raise, with fees per animal ranging from $0.0011 per chicken to $0.343 per dairy cow starting July 1, 2025. The bill also establishes a separate application fee for operations that need water pollution control permits with nutrient management plans. These fees will help fund the state's oversight of large-scale livestock operations and their environmental compliance.
Revise the disposition of revenues from the precious metals severance tax.
This bill changes how South Dakota distributes tax revenue from precious metals mining operations. For newer mining operations (those permitted after January 1, 1981), it increases the threshold from $1 million to $3 million in county revenue before all future tax money goes to the state's general fund instead of being split 80-20 with the county. The bill also clarifies that all precious metals taxes from state-owned lands must go to the common school permanent fund.
Prohibit the award or use of state moneys for the research, production, promotion, sale, or distribution of cell-cultured protein.
South Dakota would be prohibited from spending state money to research, produce, promote, or sell cell-cultured protein (lab-grown meat made from animal cells grown outside a live animal). The law includes an exception allowing the Board of Regents institutions to still receive state funding for this work.
Require that the director of equalization adjust certain agricultural land values.
This bill removes the requirement that certain officers in third-class municipalities—the clerk, director of equalization, treasurer, and marshal—take an oath of office and provide a financial undertaking (a guarantee) to the Board of Trustees. The bill streamlines municipal procedures by eliminating these formal requirements that were previously mandated within ten days of an officer taking their position.
Provide a means by which an agricultural producer may request an automatic refund of an assessment on crops.
Farmers in South Dakota can now opt out of paying promotional assessments (fees) on crops like wheat by submitting a refusal form to the state commissions. The bill creates a new process across multiple agricultural commodity programs that allows producers to reject these automatic fees at the time of sale, rather than having to request a refund after paying. This applies to wheat, corn, soybeans, and other commodity assessments currently collected by state agricultural commissions.
Require the director of equalization to adjust certain agricultural land values.
This bill strengthens the Director of Equalization's authority to adjust agricultural land values by changing permissive language ("may") to mandatory language ("shall") when making adjustments to parcels. The bill also clarifies that agricultural land must be categorized as cropland or noncropland based on soil classification standards, with specific rules about how Class IV soil types can be reclassified between these categories each year.
Exempt any food grown, raised, or otherwise produced in this state from state sales tax.
This bill removes state sales tax from food products that are grown, raised, or produced in South Dakota, as long as they're clearly labeled as such. The exemption applies to all in-state food production, meaning South Dakota farmers and food producers could sell their products tax-free compared to out-of-state competitors. This creates a tax advantage for locally-produced food sold within the state.
Extend the area in which a director for an irrigation district may reside.
This bill expands where irrigation district directors can live by increasing the allowed distance from the district boundary from 15 miles to 25 miles. Directors must still be qualified voters in their division (or the whole district if elected at-large), but now have more flexibility in their residency location as long as bylaws allow it.
Require that manufacturers of agricultural equipment allow an independent repair provider or an owner to make certain repairs to agricultural equipment.
South Dakota farmers and independent repair shops will gain the right to repair agricultural equipment without manufacturer interference under this new law. Manufacturers of farm equipment must allow owners and independent repair providers to access the parts, tools, and information needed to make repairs, rather than forcing customers to use only authorized dealer networks. This aims to reduce repair costs and give farmers more control over maintaining their own equipment.
Authorize the sale of home-processed poultry and pork by producers who verify compliance with food safety training requirements.
Home producers can now sell poultry and pork they process themselves, as long as they complete food safety training and follow federal and state exemption rules. This expands South Dakota's existing "home food operation" law, which previously only allowed sales of certain fermented foods, baked goods, and frozen produce, by adding poultry and pork to the list of products allowed under the same food safety training requirement.
Prohibit the misbranding of any cell-cultured protein product.
South Dakota is clarifying its food labeling rules to prohibit misleading labels on cell-cultured protein products (lab-grown meat alternatives). The bill updates the existing definition of "misbranded" food to ensure these products are labeled truthfully and not marketed under false or deceptive names. This protects consumers by requiring clear identification of what they're actually buying.