State of South Dakota
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EIGHTY-EIGHTH SESSION
LEGISLATIVE ASSEMBLY, 2013
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400U0391
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HOUSE BILL NO. 1049
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Introduced by: The Committee on Agriculture and Natural Resources at the request of the
Department of Agriculture
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FOR AN ACT ENTITLED, An Act to transfer the value added agriculture subfund from the
Governor's Office of Economic Development to the Department of Agriculture.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 1-16G-24 be repealed.
1-16G-24. Earnings on the revolving economic development and initiative fund and the
value added agriculture subfund may be used for the administrative costs of the Division of
Finance of the Governor's Office of Economic Development. Such earnings shall be expended
in accordance with the provisions of Title 4 on warrants drawn by the state auditor on vouchers
approved by the commissioner of the Governor's Office of Economic Development. Eligible
expenses may not exceed total interest earnings during the previous fiscal year prior to the
deduction of loan losses for the same fiscal year.
Section 2. Earnings on the value added agriculture subfund may be used by the South
Dakota Department of Agriculture for the administrative costs of this program. Such earnings
shall be expended in accordance with the provisions of Title 4 on warrants drawn by the state
auditor on vouchers approved by the secretary of agriculture. Eligible expenses may not exceed
total interest earnings during the previous fiscal year prior to the deduction of loan losses for the
same fiscal year.
Section 3. That § 1-16G-25 be repealed.
1-16G-25. There is created within the revolving economic development and initiative fund
created in § 1-16G-3 the value added agriculture subfund. The purpose of the subfund created
by this section is to make grants or loans for agricultural development, feasibility studies, or
marketing.
Section 4. There is created within the rural rehabilitation fund created in § 38-6-1, the value
added agriculture subfund. The purpose of the subfund created by this section is to make grants
or loans for agricultural development, feasibility studies, or marketing.
Section 5. That § 1-16G-26 be repealed.
1-16G-26. The Board of Economic Development shall designate three million dollars of the
money in the revolving economic development and initiative fund for the purposes of the value
added agriculture subfund.
Section 6. That § 1-16G-27 be repealed.
1-16G-27. The Board of Economic Development shall administer the value added
agriculture subfund, and make grants or loans from the value added agriculture subfund. The
value added agriculture subfund shall be used to develop and promote value added agriculture
in South Dakota including the initial or subsequent production, use, or processing of any form
of agricultural commodity, product, or by-product in this state. For projects which involve a
separate agricultural research component, the Board of Economic Development shall consult
with the research services of South Dakota State University.
Section 7. The Value Added Finance Authority shall administer the value added agriculture
subfund, and make grants or loans from the value added agriculture subfund. The value added
agriculture subfund shall be used to develop and promote value added agriculture in South
Dakota including the initial or subsequent production, use, or processing of any form of
agricultural commodity, product, or by-product in this state.
Section 8. That § 1-16G-28 be repealed.
1-16G-28. In connection with the administration of the value added agriculture subfund, the
Board of Economic Development may, pursuant to chapter 1-26, adopt such rules as it deems
necessary to implement the purposes of §§ 1-16G-24 to 1-16G-28, inclusive, including:
(1) Setting the application procedures for those who apply for loans or grants from the
value added agriculture subfund;
(2) Establishing criteria to determine which applicants will receive such loans or grants;
(3) Governing the use of proceeds of such loans or grants;
(4) Establishing criteria for the terms and conditions upon which such loans or grants
shall be made, including the terms of security given, if any, to secure such loans; and
(5) Governing the use of proceeds by lenders of funds advanced to the lenders by the
board including the terms and conditions upon which the proceeds shall be loaned
to borrowers for the purposes described in §§ 1-16G-24 to 1-16G-28, inclusive.
Section 9. In connection with the administration of the value added agriculture subfund, the
Value Added Finance Authority may, pursuant to chapter 1-26, promulgate such rules as it
deems necessary to implement the purposes of this Act, including:
(1) Setting the application procedures for those who apply for loans or grants from the
value added agriculture subfund;
(2) Establishing criteria to determine which applicants will receive such loans or grants;
(3) Governing the use of proceeds of such loans or grants;
(4) Establishing criteria for the terms and conditions upon which such loans or grants
shall be made, including the terms of security given, if any, to secure such loans; and
(5) Governing the use of proceeds by lenders of funds advanced to the lenders by the
Value Added Finance Authority including the terms and conditions upon which the
proceeds shall be loaned to borrowers for the purposes described in this Act.
Section 10. That § 10-47B-149 be amended to read as follows:
10-47B-149. At the beginning of each month, the secretary shall make adjustments to the
motor fuel tax fund balance in the following manner:
(1) Each July transfer an amount to the snowmobile trails' fund equal to the product of
multiplying the number of licensed snowmobiles as of July first, times one hundred
twenty-five gallons, times the rate of tax provided for motor fuel under this chapter;
(2) Each July transfer from the amount of motor fuel tax collected from the motor fuel
used for nonhighway purposes to the value added agriculture subfund created in § 1-16G-25 section 4 of this Act one hundred thirty-five thousand dollars;
(3) Each July transfer from the amount of motor fuel tax collected from the motor fuel
used for nonhighway purposes to the Department of Agriculture seventy-five
thousand dollars to be used for a grant to the Northern Crops Institute;
(4) Transfer to the motor fuel tax administration account two percent of the deposits
made to the motor fuel tax fund during the preceding month to cover the expenses
incurred in administering all motor fuel and special fuel tax laws of this state. On or
about August first of each year, the preceding year's remaining motor fuel tax
administration account balance, less an amount to provide cash flow within the
account, shall be transferred to the state highway fund. The remaining balance is to
be calculated by subtracting from the total of monthly deposits, the amount of
corresponding expenses. The expense of administering the chapters relating to motor
and special fuel taxation shall be paid out of appropriations made by the Legislature;
(5) Each July transfer from the amount of motor fuel tax collected from the motor fuel
used for nonhighway purposes to the coordinated natural resources conservation fund
five hundred thousand dollars;
(6) Each July transfer to the parks and recreation fund an amount equal to the product of
multiplying the number of licensed motorized boats as of the previous December
thirty-first, times one hundred forty gallons, times the rate of tax provided for motor
fuels under this chapter;
(7) Each July distribute to counties and townships as provided in § 10-47B-149.1 seven
hundred thousand dollars;
(8) Transfer to the member jurisdictions taxes collected under the provisions of the
international fuel tax agreement; and
(9) Transfer the remaining cash balance to the state highway fund.