PIERRE, S.D. (AP)--South Dakota cattle raisers disagreed sharply Feb. 10 on whether the state should set up its own checkoff system as a backup in case the U.S. Supreme Court strikes down the national system.

Supporters said the state should impose its own fee of $1 a head when cattle are sold so money would continue to be available to pay for promotion and research programs.

Scott Jones of Midland, president-elect of South Dakota Cattlemen's Association, said farmers and ranchers need to make sure a checkoff system is available in case the national system is struck down as unconstitutional.

For example, when a cow was discovered with bovine spongiform encephalopathy a year ago, the national program was able to let people know immediately that there was no danger in continuing to eat beef, Jones said.

But opponents said they did not get much advanced warning of the proposed state system, and they believe nothing should be done until the Supreme Court decides the national system's fate.

"It seems to me we're starting a fight we don't even have to have right now," said Ken Knuppe of Buffalo Gap, president of the South Dakota Stockgrowers Association.

HB1182 would create a state checkoff of $1 a head collected when cattle are sold. Those who do not want to contribute to the promotion and research programs could fill out a one-page form and get a refund of the fee within 30 days.

The House Agriculture Committee heard testimony on the bill Feb. 10 but delayed a vote until Feb. 15.

U.S. District Judge Charles Kornmann of Aberdeen declared the national beef checkoff unconstitutional, and the case eventually was appealed to the U.S. Supreme Court, which is expected to rule in the case this summer.

State Rep. Joel Dykstra, R-Canton, the bill's main sponsor, said the money is needed for promotional efforts such as the television commercials that tell people, "Beef, it's what's for dinner," he said.

But Knuppe said many cattle ranchers oppose the part of the measure that would require them to pay the fee and then seek a refund. It would be better to let farmers and ranchers decide at the time of sale whether they want to pay the fee voluntarily, he said.

"In my mind, mandatory but refundable is a sneaky way of trying to get money out of producers," Knuppe said.

Opponents also said many farmers and ranchers only found out about Dykstra's bill when it was introduced a couple of weeks ago. Some farmers and ranchers still don't know about the proposed new checkoff fee, they said.

Dykstra said he gave a copy of the bill to Jerry Vogeler of the South Dakota Association of Livestock Auction Markets more than three weeks ago.

But Vogeler said he did not get a copy of the bill until it was formally introduced in the Legislature.

"Representative Dykstra did not give me a copy of this legislation, and I'm disappointed he would say that," Vogeler told the Agriculture Committee.

Vogeler said sale barns, which collect 75 percent of the checkoff money, should have been consulted when the bill was being written. He said any plan for a state system should be delayed because the Supreme Court might declare all such systems unconstitutional.

Date: 2/24/05

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