25.672.14 100th Legislative Session 1165
2025 South Dakota Legislature
House Bill 1165
HOUSE ENGROSSED
This bill has been extensively amended (hoghoused) and may no longer be
consistent with the original intention of the sponsor.
Introduced by: Representative Gosch
Underscores indicate new language.
Overstrikes indicate deleted language.
An Act to provide a means by which an agricultural producer may request an 1
automatic refund of an assessment on crops. 2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3
Section 1. That § 38-10-34 be AMENDED: 4
38-10-34. Any Except as otherwise provided in section 2 of this Act, any person, 5
firm, or corporation subject to the fee provided in this chapter that objects to the collection 6
of the fee may, within sixty days following the collection, apply to the wheat commission 7
for a refund of the fee. Upon the return of the refund application, accompanied by a true, 8
legible record of the invoices delivered by the purchaser to the grower, the commission 9
shall, within thirty days, refund the net amount of the fee collected to the grower. If no 10
request for refund has been made within sixty days after the collection of the fee, the 11
grower shall be conclusively presumed to have agreed to the deduction. 12
The commission shall make the refund application available online and provide for 13
the electronic submission of the application and all required documentation. 14
Section 2. That a NEW SECTION be added to chapter 38-10: 15
The wheat commission shall promulgate rules, in accordance with chapter 1-26, to 16
develop and implement an alternative refund process by which a grower may, before 17
December thirty-first, file with the commission a single electronic request for an automatic 18
refund of all assessments imposed upon and paid by the grower in accordance with this 19
chapter during the ensuing calendar year. The rules must provide for the electronic 20
submission of all documentation necessary to obtain the refund. 21
Section 3. That § 38-27-16 be AMENDED: 22 25.672.14 2 1165
Underscores indicate new language.
Overstrikes indicate deleted language.
38-27-16. Any Except as otherwise provided in section 4 of this Act, any grower 1
subject to the assessment provided in this chapter, within sixty days following the 2
assessment, may make application to the oilseeds council for a refund of the assessment. 3
Upon return of the refund application accompanied by a record of the assessment by the 4
first purchaser, the grower shall, within sixty days, be refunded the net amount of the 5
assessment collected. However, a grower, for any reason, having paid the assessment 6
more than once on the same sunflowers, safflowers, canola, or flax, upon furnishing proof 7
of this to the council, is entitled to a refund of the overpayment. 8
The council shall make the refund application available online and provide for the 9
electronic submission of the application and all required documentation. 10
Section 4. That a NEW SECTION be added to chapter 38-27: 11
The council shall promulgate rules, in accordance with chapter 1-26, to develop 12
and implement an alternative refund process by which a grower may, before December 13
thirty-first, file with the council a single electronic request for an automatic refund of all 14
assessments imposed upon and paid by the grower in accordance with this chapter during 15
the ensuing calendar year. The rules must provide for the electronic submission of all 16
documentation necessary to obtain the refund. 17
Section 5. That § 38-32-20 be AMENDED: 18
38-32-20. Any Except as otherwise provided in section 6 of this Act, any grower 19
subject to the assessment provided in this chapter may, within sixty days following such 20
assessment, make application to the council for a refund of the assessment. Upon the 21
return of the refund application, accompanied by a record of the assessment by the first 22
purchaser, the grower shall, within sixty days, be refunded the net amount of the 23
assessment collected. However, a grower who has paid the assessment more than once 24
on the same corn is entitled to a refund of the overpayment. 25
The council shall make the refund application available online and provide for the 26
electronic submission of the application and all required documentation. 27
Section 6. That a NEW SECTION be added to chapter 38-32: 28
The council shall promulgate rules, in accordance with chapter 1-26, to develop 29
and implement an alternative refund process by which a grower may, before December 30
thirty-first, file with the council a single electronic request for an automatic refund of all 31 25.672.14 3 1165
Underscores indicate new language.
Overstrikes indicate deleted language.
assessments imposed upon and paid by the grower in accordance with this chapter during 1
the ensuing calendar year. The rules must provide for the electronic submission of all 2
documentation necessary to obtain the refund. 3
Section 7. That § 38-34-18 be AMENDED: 4
38-34-18. Any Except as otherwise provided in section 8 of this Act, any grower 5
subject to the assessment provided in this chapter, within sixty days following the 6
assessment, may apply to the council for a refund of the assessment. Upon return of the 7
refund application accompanied by a record of the assessment by the first purchaser, the 8
grower shall, within sixty days, be refunded the net amount of the assessment collected. 9
Additionally, a grower, who for any reason, pays the assessment more than once on the 10
same pulse crops, upon furnishing proof of this to the council, is entitled to a refund of 11
the overpayment. 12
The council shall make the refund application available online and provide for the 13
electronic submission of the application and all required documentation. 14
Section 8. That a NEW SECTION be added to chapter 38-34: 15
The council shall promulgate rules, in accordance with chapter 1-26, to develop 16
and implement an alternative refund process by which a grower may, before December 17
thirty-first, file with the council a single electronic request for an automatic refund of all 18
assessments imposed upon and paid by the grower in accordance with this chapter during 19
the ensuing calendar year. The rules must provide for the electronic submission of all 20
documentation necessary to obtain the refund. 21