SB38 • 2026

modify the annual fee imposed on certain concentrated animal feeding operations.

Agriculture Budget

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor: The Chair of the <a rel="noopener" href="https://sdlegislature.gov/Session/Committee/1279/Detail">Senate Committee on Appropriations</a> at the request of the Department of Agriculture and Natural Resources
Last action: 2026-02-12
Official status: Signed by the Governor
Effective date: Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

modify the annual fee imposed on certain concentrated animal feeding operations.

What This Bill Does

modify the annual fee imposed on certain concentrated animal feeding operations.
Official keyword topics: Animals and Livestock Environmental Protection Executive/Judiciary Request Fees Official sponsor note: The Chair of the <a rel="noopener" href="https://sdlegislature.gov/Session/Committee/1279/Detail">Senate Committee on Appropriations</a> at the request of the Department of Agriculture and Natural Resources

Limits and Unknowns

This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

38B

None

Filed

Plain English: 38B 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.

38B 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.
AMENDMENT 38B FOR THE INTRODUCED BILL 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.

Bill History

2026-02-12 Senate
Signed by the Governor
2026-02-05 Senate
Delivered to the Governor
2026-02-04 House of Representatives
Signed by the Speaker
2026-02-03 Senate
Signed by the President
2026-02-02 House of Representatives
Do Pass
2026-01-29 House Agriculture and Natural Resources
Do Pass
2026-01-29 House Agriculture and Natural Resources
Scheduled for hearing
2026-01-26 House of Representatives
Referred to House Agriculture and Natural Resources
2026-01-22 House of Representatives
First Reading House
2026-01-21 Senate
Do Pass
2026-01-16 Senate
Referred to Senate
2026-01-15 Senate Agriculture and Natural Resources
Referred to Senate Committee on Appropriations
2026-01-15 Senate Agriculture and Natural Resources
Scheduled for hearing
2026-01-13 Senate
First read in Senate and referred to Senate Agriculture and Natural Resources

Official Summary Text

modify the annual fee imposed on certain concentrated animal feeding operations.
Official keyword topics:
Animals and Livestock
Environmental Protection
Executive/Judiciary Request
Fees
Official sponsor note: The Chair of the <a rel="noopener" href="https://sdlegislature.gov/Session/Committee/1279/Detail">Senate Committee on Appropriations</a> at the request of the Department of Agriculture and Natural Resources

Current Bill Text

Read the full stored bill text

26.384.10 101st Legislative Session 38

2026 South Dakota Legislature
Senate Bill 38
ENROLLED

AN ACT

ENTITLED An Act to modify the annual fee imposed on certain concentrated animal
feeding operations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 34A-2-125.1 be AMENDED:
34A-2-125.1. In addition to any other tax or fee levied by law, there is hereby
imposed on any concentrated animal feeding operation or any operation that processes or
stores manure or process wastewater and is required to operate under a water pollution
control permit pursuant to § 34A-2-36.2 or 34A-2-36.3 an annual fee as provided for in
this section and § 34A-2-125.2.
In the case of an operation with a water pollution control permit that includes a
nutrient management plan, other than a livestock auction, an operation located outside of
this state, or an operation located in Indian country, as defined in 40 C.F.R § 122.2 (April
21, 2020), the fee is based on the maximum permitted number of animals and is as
follows:
(1) $0.43 per mature dairy cow, milked or dry;
(2) $0.30 per other cattle or bison;
(3) $0.60 per horse;
(4) $0.03 per weaned swine less than fifty-five pounds;
(5) $0.12 per swine equal to or greater than fifty-five pounds;
(6) $0.03 per sheep or weaned lamb;
(7) $0.0055 per turkey;
(8) $0.0027 per chicken; and
(9) $0.01 per duck or goose.
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