The amendment removes the introductory language and legislative history, then increases all annual fees on concentrated animal feeding operations across the board—roughly 2.5 times higher for most animal types (e.g., dairy cows from $0.172 to $0.43 per animal, swine from $0.048 to $0.12)—which STRENGTHENS the bill's revenue-raising purpose by significantly increasing the financial burden on these operations.
26.384.9 26.384.10 101st Legislative Session 38 2026 South Dakota Legislature Senate Bill 38 Introduced by: The Chair of the Senate Committee on Appropriations at the request of the Department of Agriculture and Natural Resources Underscores indicate new language. Overstrikes indicate deleted language. ENROLLED AN ACT ENTITLED An Act to modify the annual fee imposed on certain concentrated animal feeding 1 operations. 2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3 Section 1. That § 34A-2-125.1 be AMENDED: 4 34A-2-125.1. In addition to any other tax or fee levied by law, there is hereby 5 imposed on any concentrated animal feeding operation or any operation that processes or 6 stores manure or process wastewater and is required to operate under a water pollution 7 control permit pursuant to § 34A-2-36.2 or 34A-2-36.3 an annual fee as provided for in 8 this section and § 34A-2-125.2. 9 In the case of an operation with a water pollution control permit that includes a 10 nutrient management plan, other than a livestock auction, an operation located outside of 11 this state, or an operation located in Indian country, as defined in 40 C.F.R § 122.2 (April 12 21, 2020), the fee is based on the maximum permitted number of animals and is as 13 follows: 14 (1) $0.172$0.43 $0.43 per mature dairy cow, milked or dry; 15 (2) $0.12$0.30 $0.30 per other cattle or bison; 16 (3) $0.24$0.60 $0.60 per horse; 17 (4) $0.012$0.03 $0.03 per weaned swine less than fifty-five pounds; 18 (5) $0.048$0.12 $0.12 per swine equal to or greater than fifty-five pounds; 19 (6) $0.012$0.03 $0.03 per sheep or weaned lamb; 20 (7) $0.0022$0.0055 $0.0055 per turkey; 21 (8) $0.0011$0.0027 $0.0027 per chicken; and 22 (9) $0.004$0.01 $0.01 per duck or goose. 23 26.384.10 2 38 SB38 ENROLLED An Act to modify the annual fee imposed on certain concentrated animal feeding operations. I certify that the attached Act originated in the: Senate as Bill No. 38 Secretary of the Senate President of the Senate Attest: Secretary of the Senate Speaker of the House Attest: Chief Clerk of the House Senate Bill No. 38 File No. ____ Chapter No. ______ Received at this Executive Office this _____ day of _____________, 2026 at ____________M. By for the Governor The attached Act is hereby approved this ________ day of ______________, A.D., 2026 Governor STATE OF SOUTH DAKOTA, ss. Office of the Secretary of State Filed ____________, 2026 at _________ o'clock __M. Secretary of State By Asst. Secretary of State