SDCA looks at legislative issues
February 4, 2015
Legislative activities last week included:
HB 1055 is the SD Department of Ag clean-up, ore red tape, bill which was introduced to remove outdated and obsolete laws from the books. The bill was heard on Jan. 27 and following an amendment to keep language dealing with beef imports, the bill passed the committee 11-0 and 69-0 on the floor.
HB 1131 is the Governor's road funding bill which will generate over $50 million in new dollars for state and local roads. It was scheduled for hearing on Tuesday Feb. 3 in Senate Transportation. SDCA testified in support of the bill with a request to limit the perpetual two-cent per gallon gas tax increase.
HB 1152 seeks to limit conservation easements to a term of 100 years. Current SDCA policy supports the belief that it is the right of the landowner to set the terms of agreements and easements, not the government, and we will therefore oppose the bill. HB 1152 will be heard in House Ag and Natural Resources on Tuesday, Feb. 3.
HB 1173 allows for the awarding of costs due to frivolous lawsuits made in an attempt to hinder or delay a land use change by a board of adjustment.
SB 4 requesting an appropriation for research concerning the administrative and financial impact of using actual use as the basis for ag land assessments (as opposed to "highest and best" use based on soil surveys) was heard in Senate Ag and Natural Resources on Feb. 3. SDCA has long supported actual use as the basis for land assessment and will support the bill.
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SB 44, which would have revised the criteria for classifying property as agricultural land, was sent to the 41st day by the Senate Taxation Committee and the issue was referred to the Ag Land Assessment Task Force.
SB 74, which would have created penalties for the use of fireworks too close to livestock, was sent to the 41st day by the Senate Local Government committee. Issues in the bill can be dealt with through current law.
Additionally the County Association is planning to introduce a bill changing statutes that allows more flexibility for managing the use of fireworks in a county.
SB 75 changes current rodeo transport inspection certificates' effective date from the calendar year it is issued to a twelve-month period. Senate Ag and Natural Resources amended the bill to include an emergency clause and passed the bill 9-0. SDCA testified in support.
SB 76 changes the current livestock ownership inspection certificate to be valid for 24 hours instead of the current date (i.e. midnight on the day of issuance). Heard in Senate Ag and Natural Resources on Jan. 29, the bill passed out of committee 7-2. SDCA testified in support. SDCA members are encouraged to contact their Senators and ask them to support SB 76 as there was opposition to the bill during testimony. Talking points include:
Currently, brand laws require livestock owners to have their cattle inspected before leaving the ownership inspection area. This inspection must be done during daylight hours, and the inspection certificate only lasts until midnight on the same day of the inspection.
In some situations, weather, road conditions, or other unforeseen circumstances can cause delays which might prevent a producer from leaving the inspection area on the same day that the inspection is done. This situation currently requires another inspection to be done the following day at an additional expense to the livestock owner.
This bill changes the current law to provide a full 24 hours from the time of the inspection to haul cattle out of the inspection area.
This is a constituent-driven bill. In today's modern industry, the current law is simply not workable for many livestock owners. Currently, an owner may not leave the brand inspection area if it means leaving home before daylight hours in order to arrive at the destination. In some cases, this requires that cattle be loaded far longer than necessary which results in livestock weight loss and a negative economic impact.
SDCA Bill List
HB 1014 repeal certain obsolete and unnecessary statutes relating to the Department of Environment and Natural Resources. Passed House 69-0; referred to Senate Ag Committee
HB 1018 revise the sales and use tax exemptions for farm machinery. Passed House 66-1; Senate Taxation placed on Consent Calendar
HB 1019 revise certain provisions regarding exemptions from sales and use taxation of farm machinery, attachment units, and irrigation equipment used exclusively for agricultural purposes. Passed House 67-0; Senate Taxation placed on Consent Calendar
HB 1053 repeal and revise certain outdated provisions related to the Department of Game, Fish and Parks. Passed House 61-1; referred to Senate Ag
HB 1055 repeal certain outdated and unnecessary statutes and administrative rules related to the Department of Agriculture. Passed House 69-0
HB 1056 revise certain provisions regarding the Department of Agriculture. Passed House 67-2
HB 1078 adopt the South Dakota Nonprofit Corporation Act. Referred to House State Affairs
HB 1112 provide authority to counties to prohibit and restrict the use of fireworks. Referred to House Local Government
HB 1122 authorize township boards to designate certain roads as no maintenance roads. Referred to House Local Government
HB 1131 revise certain taxes and fees to fund improvements to public roads and bridges in South Dakota. Referred to House Transportation
HB 1146 limit who may request to see a person's hunting or fishing license. Referred to House Ag
HB 1152 limit the terms of certain conservation easements. Referred to House Ag
HB 1173 deter certain frivolous appeals of land zoning decisions. Introduced in House
HB 1188 make an appropriation to the Department of Environment and Natural Resources to develop a hydrologic model of the lower Big Sioux River Basin in southeast South Dakota and to declare an emergency. Introduced in the House
HB 1192 make an appropriation for the protection and enhancement of wildlife habitat and to declare an emergency. Introduced in the House
SB 1 finance improvements on the public highways and bridges by establishing or increasing the motor vehicle excise tax, taxes on fuel, motor vehicle registration fees, and wheel taxes, to provide for the distribution of certain revenue, and to establish certain state and local planning and reporting requirements concerning the condition of public highways and bridges. Referred to Senate State Affairs
SB 2 provide for the establishment of river basin natural resource districts and to repeal certain provisions regarding county drainage management. Referred to Senate Ag
SB 3 provide for mediation of certain drainage disputes. Referred to Senate Ag
SB 4 make an appropriation for research concerning the administrative and financial impact of actual use on agricultural land assessments and to declare an emergency. Referred to Senate Ag
SB 5 revise certain provisions concerning the assessment and taxation of real property. Passed Senate 35-0; referred to House Tax
SB 6 revise certain provisions concerning the pension and capital outlay tax levies for school districts. Referred to Senate State Affairs
SB 7 revise certain provisions concerning the school district pension fund and capital outlay fund tax levies and to provide property tax opt-out procedures for the capital outlay levy. Withdrawn at the request of the prime sponsor
SB 44 revise the criteria for classifying property as agricultural land and to provide for additional requirements for small agricultural acreages and timber land to be classified as agricultural land. Senate Tax deferred to the 41st Day
SB 53 revise certain provisions regarding the state aid to general education formula and to revise the property tax levies for the general fund of school districts. Referred to Senate Appropriations
SB 54 revise certain provisions regarding the state aid to special education formula and to revise the property tax levies for special education. Referred to Senate Appropriations
SB 74 restrict the use of fireworks that frighten livestock or leave debris on private property. Senate Local Government deferred to the 41st Day
SB 75 revise the effective period of the travel permit for certain livestock used for rodeo purposes and declare an emergency. Senate Ag passed 9-0
SB 76 extend the length of time a local livestock ownership inspection certificate is valid for transportation. Senate Ag passed 7-2
SB 79 Revise certain provisions concerning the manner in which county wheel taxes are imposed. Senate Transportation deferred to 41st Day
SB 83 authorize a board of county commissioners to designate certain section line roads and secondary roads as no maintenance and to revise certain provisions to vacate, change, or locate a highway by a board of county commissioners. Withdrawn at request of the prime sponsor
SB 103 authorize townships to levy a capital improvement property tax for secondary roads, bridges, and culverts. Referred to Senate State Affairs
SB 127 revise certain provisions regarding operation of hog confinement facilities. Referred to Senate Ag
SB 129 revise provisions relating to trespass associated with hunting, fishing, or trapping. Referred to Senate Ag
SB 149 revise certain provisions regarding the maximum wheel tax that may be imposed by a county. Referred to Senate State Affairs
SDCA members are encouraged to contact Jodie at the SDCA office at 605.945.2333 or email@example.com if you have any questions regarding SDCA's legislative issues.
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 http://legis.state.sd.us.