SB 38

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
An Act to modify the annual fee imposed on certain concentrated animal feeding operations.
                                                     Received at this Executive Office
 I certify that the attached Act originated in       this _____ day of _____________,
 the:
                                                     2026 at ____________M.
 Senate as Bill No. 38
                                                     By
                      Secretary of the Senate  for the Governor
                                                                      The attached Act is hereby
                                                                  approved this ________ day of
                      President of the Senate  ______________, A.D., 2026
 Attest:
                                                                                        Governor
                      Secretary of the Senate
                                                     STATE OF SOUTH DAKOTA,
                                                                                               ss.
                                                     Office of the Secretary of State
                         Speaker of the House
                                                                    Filed ____________, 2026
 Attest:  at _________ o'clock __M.
                     Chief Clerk of the House  Secretary of State
 Senate Bill No. 38  By
 File No. ____  Asst. Secretary of State
 Chapter No. ______
SB38 ENROLLED