ENTITLED, An Act to increase the commercial fertilizer inspection fee for purposes of fertilizer-related research and to create the Nutrient Research Education Council to promote such research.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 38-19-10 be amended to read as follows:
38-19-10. Each licensed distributor of commercial fertilizer shall pay to the secretary of
agriculture for all commercial fertilizer distributed in this state an inspection fee in accordance with
the provisions of § 38-19-12, not to exceed forty cents per ton. The secretary of agriculture shall
promulgate rules pursuant to chapter 1-26 to establish the inspection fee.
Section 2. That ARSD 12:44:06:01 be amended to read as follows:
12:44:06:01. Commercial fertilizer tonnage inspection fee. The commercial fertilizer tonnage
inspection fee is thirty cents a ton, except the fee is twenty cents a ton on products that are made up
entirely of manipulated animal manure.
Section 3. That § 38-19-14 be amended to read as follows:
38-19-14. Fees collected pursuant to this chapter shall be deposited with the state treasurer in a
special revenue fund known as the fertilizer fund. This fund shall consist of moneys from public and
private sources including legislative appropriations, federal grants, gifts, and the fees received
pursuant to this chapter. The fund shall be maintained separately and be administered by the
department in order to defray the expenses of all activities associated with administering the fertilizer
program and to provide funding for fertilizer- and nutrient-related research at South Dakota State
University and related purposes as provided in section 4 of this Act. Expenditures from the fund shall
be appropriated through the normal budget process. Unexpended funds and interest shall remain in
the fund until appropriated by the Legislature.
Section 4. That chapter 38-19 be amended by adding thereto a NEW SECTION to read as
From each fee collected pursuant to § 38-19-10, fifteen cents shall be provided to the South
Dakota Agricultural Experiment Station to be used as provided in this Act for fertilizer- and nutrient-related research projects and activity at South Dakota State University in conjunction with the
Nutrient Research and Education Council established in section 5 of this Act.
Section 5. That chapter 38-19 be amended by adding thereto a NEW SECTION to read as
The Nutrient Research and Education Council is hereby established. The council shall consist
of nine voting members, including three representing the fertilizer industry; three representing
grower organizations, to include at least one member from the state's largest commodity
organizations, one person representing the specialty fertilizer industry, and one person representing
a certified agronomy association; two at-large positions; and the director of the South Dakota
Agricultural Experiment Station or the director's designee. The council shall also include four
nonvoting members: two persons representing environmental organizations, one person representing
the secretary of the Department of Agriculture, and one person representing the secretary of the
Department of Environment and Natural Resources. In the appointment of members to the council,
the organizations designated in this section shall nominate, and the secretary of agriculture shall
select from these nominations, representatives to the council. Members of the council may receive
no compensation, but members may be reimbursed for travel and subsistence expense in accordance
with rules promulgated by the State Board of Finance. The council shall meet at least twice each
year. The council shall be administered under the direction and supervision of the South Dakota
Agricultural Experiment Station, but retains the respective quasi-judicial, quasi-legislative, advisory,
other nonadministrative and special budgetary functions (as defined in § 1-32-1) otherwise vested
in them and shall exercise those functions independently of the South Dakota Agricultural
Section 6. That chapter 38-19 be amended by adding thereto a NEW SECTION to read as
The Nutrient Research and Education Council established in section 5 of this Act, acting in
cooperation and conjunction with the South Dakota Agricultural Experiment Station, shall:
(1) Prioritize nutrient research and education proposals and solicit research proposals to
generate findings and make recommendations to the council based on the findings;
(2) Evaluate the proposed budget for each research project and make recommendations as
(3) Arrange for peer review of all research proposals for scientific merit and methods;
(4) Disseminate the findings of all research projects to the appropriate agricultural sector in
the manner deemed most effective;
(5) Cooperate with other programs with similar goals, if practicable.
The council shall publish an annual financial and activities report, including the amount of funds
collected and expenditures for nutrient programs.
An Act to increase the commercial fertilizer inspection fee for purposes of fertilizer-related research
and to create the Nutrient Research Education Council to promote such research.
I certify that the attached Act
originated in the
SENATE as Bill No. 115
Secretary of the Senate
President of the Senate
Secretary of the Senate
Speaker of the House
Senate Bill No. 115
File No. ____
Chapter No. ______
Received at this Executive Office
this _____ day of _____________ ,
20____ at ____________ M.
for the Governor
The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
STATE OF SOUTH DAKOTA,
Office of the Secretary of State
Filed ____________ , 20___
at _________ o'clock __ M.
Secretary of State
Asst. Secretary of State