S.D. Cattlemen’s legislative update | TSLN.com

S.D. Cattlemen’s legislative update

Friday was the final day for bill introduction in the 2016 Session. The number of bills introduced this year is 418 – eleven fewer than last year. This week will mark the midpoint of Session, which has 38 scheduled days this year. February 24 is known as ‘cross-over day”, or the last day a bill or joint resolution can pass the house of origin, as well as the last day to introduce concurrent resolutions and commemorations. In these next two weeks, the legislative process will speed up as committees work to beat cross-over day.

Several “placeholder” bills were introduced. These bills have a title but no substantial text that the legislature could use to create legislation. If they didn’t have placeholders, it would take a 2/3 vote to allow legislation to be introduced. HB 1223 and HB 1228 are on our list to watch as they deal with livestock movement and “mandatory state of origin meat labeling program” respectively.

Brand Inspection: HB 1211 is Representative Schrempp’s latest effort to require state-wide brand inspection. As in past years when such legislation was introduced, SDCA will oppose HB1211.

Livestock Development: Several working groups met throughout the summer and worked on issues related to zoning and the family farm act. SB 98, introduced by Senator Rusch, will repeal that portion of the Family Farm Act that treats the production of pork differently from the production of other livestock. HB 1140 is Representative Mickelson’s bill which seeks to improve the county zoning process, to stop an endless cycle of delays. SDCA will be supporting HB 1140, but has not taken a position on SB 98.

Animal Care: SB 157 seeks regulatory authority over commercial pet breeding operations as well as to codify “standards of care” for such operations. While the proposed language would only impact dogs and cats, the language and location in code causes great concern as it would be an easy step to expand similar restrictions to raising other animals. Currently, commercial pet breeding operations are under the oversite of USDA, so a state program would seem redundant and unnecessary.

Property Taxes: Issues related to ag land property valuation include how to transition non-cropland from cash rent to a true productivity methodology similar to what’s used for cropland, assessing native grasslands as non-cropland, classifications for forested land, determining when a small parcel qualifies as agricultural land, and studying potential shifts in valuation. Fall River County presented several case studies that assert the Dept. of Revenue’s “adjustment formula” guidelines do not provide fair and equitable assessments. Proposed legislation includes:

SB 4: allow person to request that the local director of equalization classifies native grassland or land that has been seeded to perennial vegetation for at least 30 years and used for animal grazing or left unharvested as non-cropland; Senate Ag & Natural Resources hearing tentatively scheduled for February 9. SB 4 is supported by SDCA.

SB 3: revise definition for determining ag land property by revising income criteria (gross income equal to at least 10 percent of the assessed value of the bare land) and including a management unit definition. Senate passed Feb. 4 18-17 upon reconsideration after initially failed Feb. 3.

HB 1007: appropriate $175,000 to SDSU for research. SDSU research would update SD Dept. of Revenue production data and assess impact if additional factors are considered in determining “highest and best use.” SDCA will be supporting HB 1007 as it moves through the process.

Education Funding: The Governor’s education proposal was presented to the legislature in the form of three bills:

HB 1182 would increase the sales tax by a half-cent and dedicate $40 million for property tax relief;

SB 131 establishes a new funding formula and requires that 90 percent of new funding go specifically to teacher pay. The bill also imposes new caps on school general reserve funds and on the growth of capital outlay levies;

SB133 includes a number of proposals to recruit and retain more teachers and to create new opportunities for school efficiency.

Meanwhile, the Democrat caucus introduced its own education funding plan, which would raise the sales tax by a full penny, but exempt food from sales taxes. The per-student allocation would increase by almost 20 percent, from $4,876.76 per student to $5,813.32.

Funding County Government: Two bills dealing with county funding issues are working their way through the system. SB 2 would redistribute the alcohol beverage tax to give counties about $3.75 million to pay for law enforcement, jails, state’s attorneys, public defenders, and court-appointed attorneys. Although it is opposed by the Governor’s Office because it directs money away from the state’s general fund, it passed the Senate on a vote of 28-5, and passed out of House Local Government committee on a vote of 13-0. HB 1005 would raise various administrative fees and civil process fees which counties can charge, to help recover costs for services not related to property ownership. This bill would generate about $4 million for counties. It passed the House on Wednesday on a vote of 65-3 and has been referred to Senate Local Government.

Appropriations: This coming week, the Appropriations Committee is scheduled to adopt its revenue projection for the next Fiscal Year, which is about a month earlier than normal. Some believe this will improve the transparency of the budget process; others would prefer to have more information about economic trends and predictions.

In the meantime, the Appropriations Committee has heard from all state agencies about their budget requests, and is starting to hold bill hearings on special appropriations requests. On Monday, the committee will take testimony on HB 1080, to appropriate $1.575 million from the Livestock Disease Emergency Fund for planning and design of the Animal Disease and Research Diagnostic Laboratory (ADRDL) in Brookings. There will also be a hearing on HB 1007, which is a request from the Agricultural Land Assessment Implementation and Oversight Advisory Task Force to appropriate $175,000 to SDSU to study better ways to determine agricultural land production capacity. SDCA will be supporting both of these bills.


SDCA Bill List

HB 1005 revise and repeal certain fees that are established to compensate counties for services provided by county officials. Passed House 65-3. Awaits hearing in Senate Local Govt.

HB 1007 makes a $175,000 appropriation to revise and update the values and methods used to determine the agricultural land production capacity and to declare an emergency. Deferred by Joint Appropriations Feb. 8.

HB 1018 defines manipulated manure as related to commercial fertilizer and soil amendments. House Pass 67-0. Awaiting Governor’s signature.

HB 1019 revises provisions related to milk sampling and grading licenses and tester and grader licenses. House passed 67-0. Awaiting Governor’s signature.

HB 1024 requests a $250,000 appropriation for the maintenance and repair of state owned dams and to declare an emergency. Deferred by Joint Appropriations.

HB 1037 to revise certain provisions concerning petitions for initiated constitutional amendments, initiated measures, and candidates. The Committee on Local Government at the request of the State Board of Elections. Senate Local Government passed 5-0. Placed on consent calendar.

HB 1043 to revise the state aid to special education formula. The Committee on Appropriations at the request of the Bureau of Finance and Management. Referred to Joint Appropriations.

HB 1044 revises the state aid to general education formula. The Committee on Appropriations at the request of the Bureau of Finance and Management. Referred to Joint Appropriations.

HB 1054 authorize the production and sale of industrial hemp. Passed House of Representatives 57-11. Referred to Senate Ag.

HB 1058 revise the procedure for recovery of abandoned mineral interests. Senate amended and passed 32-3.

HB 1064 apply certain penalties regarding damages, tampering, and malicious acts to certain railroads that carry passengers. House Judiciary amended and passed 15-0.

HB 1068 adopt the South Dakota Nonprofit Corporation Act. This is a 171-page bill from the State Bar that had its first hearing on 1/27/16 and has since been deferred by the chair twice.

HB 1071 revise certain provisions regarding the annual conference between county commissioners and the director of equalization. Passed House on consent. Referred to Senate Local Govt.

HB 1080 appropriate $1.575 million from the Livestock Disease Emergency Fund for design and planning of the ADRDL in Brookings. Scheduled for hearing 2/8/16.

HB 1084 define when concurrent employment may be used to calculate earnings in workers’ compensation cases. Passed House 65-0. Scheduled for hearing by Senate Commerce & Energy 2/9/16.

HB 1094 increase the commercial fertilizer inspection fee for fertilizer-related research and education. Scheduled for hearing in House Ag Committee on 2/9/16.

HB 1109 exempt from liability persons who voluntarily maintain no maintenance roads or no maintenance section lines. Withdrawn by sponsor 2/4/16.

HB 1140 revise certain provisions regarding county zoning. Referred to House Local Government.

HB 1182 increase the state sales tax, the state use tax, the excise tax on farm machinery, and amusement device tax for the purpose of increasing education funding and reducing property taxes, and to declare an emergency. Referred to House Appropriations.

HB 1211 require statewide livestock ownership inspection. Referred to House Ag.

HB 1223 accommodate legislation relating to livestock control. Referred to House Ag.

HB 1228 accommodate legislation relating to a mandatory state of origin meat labeling program. Referred to House Ag.

SB 2 revise the distribution of the revenue from the alcoholic beverage fund. House Local Govt passed 13-0. House deferred to another day.

SB 3 revises the income criteria for determining if property is classified as agricultural land for property tax purposes. Passed Senate on reconsideration 18-17.

SB 4 provides for the assessment of certain agricultural land as noncropland. Referred to Senate Ag.

SB 16 increases fees for nursery inspection and to declare an emergency. Referred to Joint Appropriations.

SB 18 requests continued support for $1 million expenditure authority for Coordinated Natural Resources Conservation Fund. Passed Joint Appropriations 16-0.

SB 23 would allow School & Public Lands 5 years to complete a land exchange instead of the current 2 so that SPL has time to negotiate with the federal land managing agency. Passed Senate 31-0. Referred to House Ag.

SB 35 updates references to certain federal motor carrier regulations. The Committee on Transportation at the request of the Department of Public Safety. Passed House 60-4.

SB 36 revises certain fees and the allocation of fees collected by the secretary of state, to make an appropriation therefor, and to declare an emergency. Joint Appropriations tabled


SB 49 revises certain fees collected by the secretary of state, to revise the allocation of fees, to make an appropriation for an online business registration and filing system, and to declare an emergency. Referred to Joint Appropriations.

SB 58 Revises certain restrictions for the use of night-vision equipment for hunting under certain conditions. Senate Ag and Natural Resources amended and passed 5-4.

SB 59 Revises certain provisions regarding the application of the special annual road funding levy. Passed Senate 35-0.

SB 62 “Lemon law” for farm machinery & equipment. Senate Commerce deferred to 41st Day 4-2.

SB 68 Annual omnibus water funding bill. Awaiting House action.

SB 98 Revise and repeal certain anti-corporate provisions regarding pork production. Referred to Senate Ag.

SB 107 Clarify the 660’ safety zone restriction on hunting. Scheduled for hearing in Senate Ag 2/9/16.

SB 109 Require counties to conduct random checkpoints for overweight vehicles as a condition of receiving funds from the bridge improvement grant fund. Referred to Senate Transportation.

SB 110 Increase certain fuel excise tax rates. Senate Transportation deferred to 41st day 4-3.

SB 111 Revise certain provisions regarding the county wheel tax, in reference to wide-based super-single tires. Referred to Senate Taxation.

SB 131 establish a target teacher salary and a target teacher ratio and to revise certain provisions regarding education funding. Referred to Senate State Affairs.

SB 133 revise certain provisions regarding shared services provided by the state to school districts, the sharing of services of school district employees, the classroom innovation grant program, and educator mentoring and certification reciprocity. Referred to Senate State Affairs.


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