SD Cattlemen’s Association legislative priorities: meandered waters, more |

SD Cattlemen’s Association legislative priorities: meandered waters, more

To mask or not to mask: That is the question of many as the first week of the 2021 Legislative Session unfolded. Legislators, staff, lobbyists, and the public are learning to navigate life at the Capitol during a pandemic, with varying rules about whether ‘tis nobler to suffer the slings and arrows of disapproving looks from those who think masks are ridiculous, or to take mask-wearing against the sea of troubles surrounding COVID-19 and other viruses that may be rife throughout the Capitol building.

Senate rules require a face covering on their side of the building, while House rules “encourage” wearing a mask on their side of the building. Common areas are open to interpretation.

Since we started with a hint of Shakespeare, we may as well continue with the idea that “Fortune brings in some boats that are not steered,” which is a nice way of saying we have several new legislators, some of whom have limited legislative experience. As Session progresses, SDCA will be reaching out to both new and returning legislators to help them understand the issues important to our members. We encourage you to send a quick note to your legislators (both new and returning) with well wishes and an offer to visit if they have questions.

Department Merger: January 19, 2021 is the deadline for Governor Noem to file an Executive Order to combine DENR and the Ag Department into the Department of Agriculture and Natural Resources. The merger will move forward unless either chamber passes a resolution of opposition. The SDCA Board of Directors will take up the question of whether to support, oppose or remain neutral on the merger during their meeting on January 26.

SDCA Bill List

SB 34 – Appropriate $1 million in one-time money to expand rural access to broadband services and to declare an emergency. Proposed by Governor.

SB 41 – Provide a clear timeline for contesting a sales and use tax assessment following an audit. Proposed by the Dept of Revenue.

SB 42 – Require that when clear diesel fuel is accidentally mixed with dyed and a refund of the tax paid on the clear fuel is requested, the supporting documents for the refund must be received by Revenue within 60 days. Proposed by Dept of Revenue.

SB 52 – Allow CAFO permits to be valid for 10 years. Currently they are valid for five years. Proposed by DENR.

SB 70 – Revise and reorganize Chapter 10-6, dealing with property assessment. This is a clean-up bill that makes no substantive policy changes.

SB 74 – revise certain provisions regarding drones. It appears this doesn’t make any policy changes, but moves the privacy requirements for drones from the chapter in state law dealing with invasion of privacy into the section of law dealing with drones. We will visit with the bill’s sponsor to confirm.

SB 76 – revise provisions regarding public access to certain meandered bodies of water. We have some questions about this bill and will visit with the sponsor.

HB 1014 – establish uniform complaint and declaratory ruling procedures for agencies regulating certain professions and occupations. Proposed by the Department of Labor and Regulation.

HB 1022 – repeal certain obsolete state estate and inheritance tax provisions. Proposed by Dept of Revenue.

HB 1023 – repeal obsolete property tax provisions and clean up some property tax cross-reference and land classification statutes. Proposed by Dept of Revenue.

HB 1027 – identify Water Management Board officers, authorize appointment of a prehearing officer, and define the duties of the prehearing officer. Clarifies issues surrounding interveners in a contested water right hearing through the use of a prehearing officer. Proposed by DENR.

HB 1028 – revise petition requirements and the criteria for issuance of a water right permit. Focuses contested case hearings for water rights applications to matters under the jurisdiction of the Water Management Board. Proposed by DENR.

HB 1038 – Appropriate $500,00 from the coordinated natural resources conservation fund to the State Conservation Commission and declare an emergency. Proposed by the Department of Agriculture.

HB 1040 – Appropriate $5 million in one-time dollars to fund small meat processor grants and to declare an emergency. Eligible expenses would include items such as coolers/freezers, temporary cold storage, portion cutters, processing equipment, slaughter equipment, or animal holding equipment. Proposed by the Department of Agriculture.

HB 1042 – would extend the enrollment period for riparian buffer strip tax breaks to ten years (currently the land needs to be enrolled annually), and would revise the assessed percentage from 60% to 50% of its agricultural income value.

HB 1046 – limit liability for certain exposures to COVID-19.

Useful Contact Information:

SDCA Office: 605-945-2333

House Lobby: 605-773-3851 (to leave a message for your Representative).

Senate Lobby: 605-773-3821 (to leave a message for your Senator).

Additional information regarding the bills, legislative committees, etc. can be found on LRC’s website at

–South Dakota Cattlemen’s Association

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