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Bill

HB 1165

provide a means by which an agricultural producer may request an automatic refund of an assessment on crops.

2025 Regular Session Introduced by Bobbi Andera and 2 co-sponsors

South Dakota bill enables agricultural producers to request automatic refunds of crop assessments, potentially reducing funding for commodity programs and industry initiatives.

Senate Do Pass Amended , Passed, YEAS 15, NAYS 19 S.J. 485
#agricultureandhorticulture #fees
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Bill Summary · HB 1165

Legislative bill overview

HB 1165 establishes a mechanism allowing agricultural producers in South Dakota to request automatic refunds of crop assessments—fees typically collected to fund agricultural organizations, marketing boards, or checkoff programs. The bill appears designed to give farmers more control over mandatory agricultural fees by streamlining the refund request process rather than requiring individual case-by-case applications.

Why is this important

Agricultural assessments generate substantial revenue for commodity promotion, research, and industry organizations, making refund policies directly impact both farmer finances and agricultural program funding. The automatic refund mechanism could significantly alter how these programs operate if participation drops, potentially affecting marketing initiatives, research funding, and industry coordination that many farmers rely on. This touches on broader questions about mandatory versus voluntary participation in industry-wide programs.

Potential points of contention

  • Program funding impact: Automatic refunds could substantially reduce revenue for agricultural checkoff programs that fund marketing, research, and industry promotion, potentially undermining their effectiveness or requiring restructuring
  • Baseline participation assumptions: The bill assumes farmers want refunds, which may not reflect actual preferences; those who value checkoff programs may view this as unnecessary bureaucratic friction
  • Definition and scope: The bill's text doesn't specify which "assessments" qualify (commodity checkoffs, local levies, equipment fees, etc.), creating potential ambiguity in implementation and disputes over eligibility

Compiled from official sources — confirm details with the bill’s official record.

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