SD Cattlemen report on legislative issues
March 2, 2017
SB 135 called for Country of Origin Labeling for beef and was defeated on the Senate floor on Tuesday. SDCA opposed the measure, along with the SD Farm Bureau, SD Retailers Association, SD Pork Producers, and the SD Department of Ag. Our groups were concerned with the bill, largely because we believe labeling laws are federally preempted and SB 135 was unconstitutional and unenforceable. A 1977 opinion by then-Attorney General Janklow, opined that the current law, which requires labeling for all meat, was likely unconstitutional. SB 135 would have repealed the current language and replaced it with a requirement to label only beef, but provided no assurances that the unconstitutionality of the existing law would be diminished. SB 135 also didn't indicate who would be responsible for enforcement, nor did it account for how difficult it would be to prove whether or not a retailer knew the origin of the beef in their meat case. Other key points in our opposition to SB 135 included the fact that source-verified beef products are already available to consumers who wish to have that information and, importantly, COOL does not provide any additional food safety assurances (as many consumers believe) and should not be mandated as it is merely a marketing program.
A path forward to expand and remodel the ADRDL was developed this week. It involves three bills that will move together in the last two weeks of the session.This combination is being supported by SDCA and the other ag groups that have been working on this project.
SB 35 will redirect the portion of the sales tax increase from 2016 that was earmarked for ag land property tax relief in the future. This relief would have been implemented in 2018. The estimated $5.5 million will be redirected to an agriculture future development fund.
HB 1157 will establish the ag future development fund and direct $3.35 million annually toward the ADRDL bond payment until the bond is paid off. until the be used every year to make the bond payment for the Lab construction. The remaining annual ~$2 million will be directed to other ag development projects in the regent or technical institutions. HB 1157 passed the House on Thursday, 60 to 7.
SB 172 – The proposed fee increases will be removed with the exception of the fee on pet food, which will remain to help pay for annual operations and maintenance (O&M) at the Lab. Additional O&M dollars of ~$700,000 will be generated by lab operations. This will be the first time the ADRDL has had dollars dedicated to O&M, which should help maintain a high level of operation and function at the facility.
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SDCA Bill Tracking List
HB 1157 Authorize the Board of Regents to contract for the construction of and improvements to the ADRDL, make an appropriation, and provide for the repayment thereof. Passed House 60-7. Referred to Senate Ag.
SB 162 Authorize the Board of Regents to contract for the design, renovation of, and addition to the ADRDL, and make an appropriation Hoghoused by Joint Committee on Appropriations, tabled 10-3.
SB 172 Authorize the SD Building Authority to provide for the construction of and improvements to the ADRDL and infrastructure at SDSU, increase and establish certain agricultural fees, transfer certain funds, make an appropriation, and declare an emergency. Scheduled for hearing in Joint Committee on Appropriations 2/28/17.
HB 1038 Repeal the requirement for farm corporations to file farm annual reports with the secretary of state Passed House 58-10; passed Senate Ag 7-2. Signed by the Governor
HB1068 Revise certain provisions concerning landowner liability for certain injuries suffered. This was vastly improved via a hoghouse amendment. Passed House 68-0; Senate Judiciary passed 7-0
HB1124 Exempt a person with a CDL from the requirement to have a hazardous materials endorsement on the license under certain conditions Passed House 64-0; Senate Transportation passed on Consent Calendar
HB1187 Revise the process by which courts consider appeals of decisions regarding conditional use requests Failed House 33-34
HB1188 Accommodate legislation to promote agricultural development Failed House 30-37
HB1204 Authorize the production and sale of industrial hemp Passed House 51-16
SB7 Revise the criteria for determining if property is classified as agricultural land for property tax purposes Passed Senate 30-5; passed House Taxation
SB12 Revise certain provisions administered by the Department of Agriculture related to nursery stock, conservation, forestry, and farm mediation Passed Senate 35-0; passed House 68-0
SB14 Make an appropriation from the coordinated natural resources conservation fund to the State Conservation Commission and declare an emergency Passed Senate 35-0; waiting for House vote
SB17 Authorize the Board of Regents to contract for the construction of a natural resources research and support facility at SDSU, make an appropriation therefor, and declare an emergency Passed Senate 34-0; House committee hearing waived
SB21 Revise certain provisions related to public grain warehouses and grain buyers Passed Senate 33-0; passed House 56-0
SB22 Exempt certain unmanned aircraft systems from the requirement to be registered as aircraft Passed Senate 33-0; referred to House Transportation
SB66 Create a tax break for riparian buffer strips Passed Senate 34-0; passed House Taxation 14-0
SB78 Revise provisions regarding election petitions for conservation district supervisors Passed Senate 32-1; referred to House Local Government
SB80 Regulate the use of drones Passed Senate 26-9; referred to House Transportation
SB104 Protect certain easement holders and rural customers from shutoffs by certain energy companies Passed Senate 31-3; referred to House Commerce
SB135 Implement a Country of Origin Labeling law for beef sold in SD Failed Senate 13-21
SB142 Provide for certain updates and reports concerning research data and methods used to assess agricultural land Passed Senate 32-2; referred to House Taxation
HB1052 Provide whistleblower protections for public employees Passed House 62-5; referred to Senate Local Government
HB1170 Revise certain provisions regarding conflicts of interest for authority, board, or commission members Passed House 68-0; referred to Senate Local Government
SB23 Revise the authority of the Transportation Commission to make loans from the state highway fund to local governments for highway and bridge construction and maintenance purposes Passed Senate 32-1; referred to House Transportation
HB1073 Revise provisions regarding gifts from registered lobbyists to public officials Passed House 66-0; referred to Senate State Affairs
HB1076 Create a State Government Accountability Board Passed House 64-3
HB1089 Provide for greater transparency and accountability in state government House tabled
SB27 Prohibit certain direct conflicts of interest by public officials, provide a penalty Passed Senate 33-0; referred to House Judiciary
SB54 Revise certain provisions regarding campaign finance Passed Senate 19-16
SB151 Investigate misconduct among public officials. Passed Senate 19-16
SB171 Establish the Government Accountability Task Force to study government, campaign finance, lobbyist restrictions, and ethics, and declare an emergency Passed Senate 34-0; referred to House State Affairs
Fixing the Initiative Process:
HB1074 Limit out-of-state contributions to ballot question committees Passed House 50-18
HB1130 Revise certain provisions that provide transparency and public comment for ballot measures and amendments to the Constitution Passed House 37-32; referred to Senate State Affairs
HB1141 Provide a legislative task force to consider certain legislation proposed to revise provisions regarding the initiative and referendum process in South Dakota Passed House 39-29; referred to Senate State Affairs
HB1200 Revise certain provisions regarding contributions to ballot question committees Passed House 42-25
SB59 Delay the effective date for initiated measures and referred laws Passed Senate 28-7; passed House State Affairs 10-2
SB77 Provide for a fiscal note for any initiated measure or initiated constitutional amendment that would have a fiscal impact on the state Passed Senate 27-5; passed House State Affairs 10-3
SJR2 Propose a constitutional amendment requiring that all future amendments by approved by a super-majority, instead of simple majority Passed Senate 19-15; House State Affairs tabled
HB1035 Revise and provide procedures for filing, certifying, and challenging petitions Passed House 57-0; referred to Senate State Affairs
HB1027 Allow two-wheeled off-road vehicles that meet certain requirements to be registered and licensed. Passed House 69-0; passed Senate 32-0; signed by Governor
HB1071 Require legislative approval before any high level nuclear waste may be processed or deposited within state boundaries Passed House 67-1; passed Senate State Affairs 9-0
HB1088 Revise provisions regarding required stops at railroad crossings Passed House 67-1; Passed Senate 35-0; signed by Governor
HB1098 Revise certain provisions regarding the notice requirements of county commissions in authorizing installation of utility lines along and across highways Passed House 66-0; passed Senate 34-0
HB1159 Repeal certain provisions regarding the regulation of commercial pet breeding operations Passed House 55-12; referred to Senate Ag
SB15 Make an appropriation for costs related to suppression of wildfires in the state and to declare an emergency Passed Senate 35-0; House committee hearing waived
SB36 Revise the time to file electronic tax returns Passed Senate 31-4; passed House Taxation 10-4
–South Dakota Cattlemen's Association