South Dakota 2026 Regular Session Status: Enacted

SB 38 — modify the annual fee imposed on certain concentrated animal feeding operations.

Last action — Signed by the Governor on 2026-02-12 S.J. 256

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 13, 2026. Enacted.

Signed by Governor Larry Rhoden (Republican) on February 12, 2026.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

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A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 70% · moderate confidence

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 4 recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Bill Text

What changed in the latest version

52 added · 27 removed

52 line(s) added, 27 removed.

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26.384.9 101st Legislative Session 38 South Dakota Legislature Senate Bill 38 Introduced by:
26.384.10 101st Legislative Session 38 South Dakota Legislature Senate Bill 38 ENROLLED A N A CT ENTITLED An Act to modify the annual fee imposed on certain concentrated animal feeding operations.
The Chair of the Senate Committee on Appropriations at the request of the Department of Agriculture and Natural Resources An Act to modify the annual fee imposed on certain concentrated animal feeding operations.
B E IT ENACTED BY THE LEGISLATURE OF THE STATE OF S OUTH D AKOTA :
B E IT ENACTED BY THE LEGISLATURE OF THE S TATE OF S OUTH D AKOTA :
(1) $0.172$0.43 per mature dairy cow, milked or dry;
(1) $0.43 per mature dairy cow, milked or dry;
(2) $0.12$0.30 per other cattle or bison;
(2) $0.30 per other cattle or bison;
(3) $0.24$0.60 per horse;
(3) $0.60 per horse;
(4) $0.012$0.03 per weaned swine less than fifty-five pounds;
(4) $0.03 per weaned swine less than fifty-five pounds;
(5) $0.048$0.12 per swine equal to or greater than fifty-five pounds;
(5) $0.12 per swine equal to or greater than fifty-five pounds;
(6) $0.012$0.03 per sheep or weaned lamb;
(6) $0.03 per sheep or weaned lamb;
(7) $0.0022$0.0055 per turkey;
(7) $0.0055 per turkey;
(8) $0.0011$0.0027 per chicken;
(8) $0.0027 per chicken;
and (9) $0.004$0.01 per duck or goose.
and (9) $0.01 per duck or goose.
Overstrikes indicate deleted language.
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:
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
⬇ Download PDF
View plain text versions (2)
  • Enrolled View text Current pdf February 03, 2026
  • Introduced View text pdf January 06, 2026

Action History

  1. Signed by the Governor on 2026-02-12 S.J. 256

  2. Delivered to the Governor on 2026-02-05 S.J. 197

  3. Signed by the Speaker H.J. 229

  4. Signed by the President S.J. 171

  5. House of Representatives Do Pass , Passed, YEAS 50, NAYS 15 H.J. 198

  6. Agriculture and Natural Resources Do Pass , Passed, YEAS 13, NAYS 0 H.J. 11

  7. Scheduled for hearing H.J. 1

  8. Referred to House Agriculture and Natural Resources H.J. 137

  9. First Reading House H.J. 114

  10. Senate Do Pass , Passed, YEAS 28, NAYS 4 S.J. 77

  11. Referred to , Passed, Senate S.J. 59

  12. Referred to , Passed, Senate Committee on Appropriations YEAS 7, NAYS 0 S.J. 1

  13. Scheduled for hearing

  14. First read in Senate and referred to Senate Agriculture and Natural Resources S.J. 10

Sponsors

  • Senate Committee on Appropriations · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 104 not signed on · 19 voted No

Sponsors (1)

  • Senate Committee on Appropriations

Co-sponsors (0)

None.

Not signed on (104)

104 members have not signed on to this bill.

Show all 104 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Do Pass

Passed 50 Yea · 15 Nay · 5 Other
Party YeaNayPresentNot Voting
Republican 431505
Democratic 5000
Unaffiliated 2000
Total 501505
% of votes cast 71%21%0%7%
How each member voted (70)
Member Party Vote
Kolbeck (Jack) — Yea
Van Diepen — Yea
Eric Emery Democratic Yea
Erik Muckey Democratic Yea
Erin Healy Democratic Yea
Kadyn Wittman Democratic Yea
Nicole Uhre-Balk Democratic Yea
Aaron Aylward Republican Nay
Al Novstrup Republican Yea
Amber Arlint Republican Yea
Bethany Soye Republican Not Voting
Bobbi Andera Republican Nay
Brandei Schaefbauer Republican Nay
Brian Mulder Republican Yea
Chris Kassin Republican Yea
Curt Massie Republican Yea
David Kull Republican Yea
Drew Peterson Republican Yea
Dylan Jordan Republican Nay
Greg Jamison Republican Yea
Heather Baxter Republican Nay
Jana Hunt Republican Yea
Jeff Bathke Republican Not Voting
Jessica Bahmuller Republican Yea
Jim Halverson Republican Yea
John Hughes Republican Yea
John Shubeck Republican Yea
John Sjaarda Republican Nay
Jon Hansen Republican Nay
Josephine Garcia Republican Nay
Julie Auch Republican Yea
Kaley Nolz Republican Yea
Karla Lems Republican Nay
Kathy Rice Republican Nay
Kent Roe Republican Yea
Keri Weems Republican Yea
Lana Greenfield Republican Yea
Leslie Heinemann Republican Yea
Liz May Republican Yea
Logan Manhart Republican Nay
Marty Overweg Republican Yea
Mary Fitzgerald Republican Yea
Matt Roby Republican Yea
Mellissa Heermann Republican Yea
Mike Derby Republican Yea
Mike Stevens Republican Yea
Mike Weisgram Republican Yea
Nick Fosness Republican Yea
Peri Pourier Republican Yea
Phil Jensen Republican Nay
Rebecca Reimer Republican Yea
Roger DeGroot Republican Yea
Scott Moore Republican Yea
Scott Odenbach Republican Yea
Spencer Gosch Republican Yea
Steve Duffy Republican Yea
Taylor Rehfeldt Republican Yea
Terri Jorgenson Republican Yea
Tesa Schwans Republican Nay
Tim Czmowski Republican Yea
Tim Goodwin Republican Yea
Tim Reisch Republican Yea
Tim Walburg Republican Yea
Tina Mulally Republican Nay
Tony Kayser Republican Nay
Tony Randolph Republican Not Voting
Travis Ismay Republican Yea
Trish Ladner Republican Not Voting
Will Mortenson Republican Not Voting
William Shorma Republican Yea

Official roll call →

Do Pass

Passed 13 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 12000
Democratic 1000
Total 13000
% of votes cast 100%0%0%0%
How each member voted (13)
Member Party Vote
Kadyn Wittman Democratic Yea
Drew Peterson Republican Yea
Jana Hunt Republican Yea
John Shubeck Republican Yea
Kaley Nolz Republican Yea
Kathy Rice Republican Yea
Kevin Van Diepen Republican Yea
Liz May Republican Yea
Marty Overweg Republican Yea
Spencer Gosch Republican Yea
Tim Goodwin Republican Yea
Travis Ismay Republican Yea
Trish Ladner Republican Yea

Official roll call →

Do Pass

Passed 28 Yea · 4 Nay · 3 Other
Party YeaNayPresentNot Voting
Republican 24403
Democratic 3000
Unaffiliated 1000
Total 28403
% of votes cast 80%11%0%9%
How each member voted (35)
Member Party Vote
Otten — Yea
Jamie Smith Democratic Yea
Liz Larson Democratic Yea
Red Dawn Foster Democratic Yea
Amber Hulse Republican Yea
Arch Beal Republican Not Voting
Brandon Wipf Republican Yea
Carl Perry Republican Yea
Casey Crabtree Republican Yea
Chris Karr Republican Yea
Curt Voight Republican Yea
Glen Vilhauer Republican Yea
Greg Blanc Republican Yea
Helene Duhamel Republican Yea
Jim Mehlhaff Republican Yea
John Carley Republican Nay
Joy Hohn Republican Not Voting
Kevin Jensen Republican Yea
Kyle Schoenfish Republican Yea
Larry Zikmund Republican Yea
Lauren Nelson Republican Nay
Mark Lapka Republican Not Voting
Michael Rohl Republican Yea
Mykala Voita Republican Yea
Paul Miskimins Republican Yea
Randy Deibert Republican Yea
Sam Marty Republican Yea
Stephanie Sauder Republican Yea
Steve Kolbeck Republican Yea
Sue Peterson Republican Nay
Sydney Davis Republican Yea
Taffy Howard Republican Yea
Tamara Grove Republican Nay
Tim Reed Republican Yea
Tom Pischke Republican Yea

Official roll call →

Subjects

environment agriculture
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 38?
SB 38 is sponsored by Senate Committee on Appropriations.
What is the current status of SB 38?
This bill has been enacted into law. Introduced January 13, 2026. Enacted.
Where can I track SB 38?
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