South Dakota Cattlemen oppose COOL, reference other bills
February 17, 2017
SB 135, proposing Country of Origin Labeling for beef sold at retail in SD, was amended and sent out of Senate State Affairs committee on a vote of 5-3. Despite objections from SDCA, SD Farm Bureau, SD Pork Producers, SD Department of AG, SD Retailers, and the SD Chamber of Commerce and Industry, the bill now moves to the Senate floor for further debate on Tuesday.
SDCA testified early this week on a couple of bills dealing with adverse possession. SDCA opposed both SB 127 and HB 1135 due to concerns about the implications on property owners and the need for some level of certainty when adverse possession issues arise. The SD State Bar Association also opposed both measures, but offered to convene a working group this summer to review the current laws governing adverse possession to see if updates are needed. SDCA will participate in the working group, along with several other agricultural organizations who have expressed interest.
ADRDL discussions continue to advance. SB 172, which is the Governor's funding proposal, had a hearing in Senate Appropriations on Thursday morning. SDCA and numerous other agricultural organizations expressed support for the measure while also indicating we are interested in pursuing any and all funding ideas in hopes of a final package that moves the project forward in the most equitable manner possible. As is the usual practice for the Appropriations committee, action on the measure was deferred to a later date.
Further complicating ADRDL discussions are the budget projections that were delivered to legislators on Monday. They continue to watch the ag markets and revise budget predictions lower and lower. A number of special appropriations bills were killed this past week, as legislators focus on paying for "needs" rather than "wants." We continue to be optimistic the ADRDL will remain on the list of needs but don't anticipate a final package until the final days of Session. Appropriations bills have a little longer to move out of the house of origin and Tuesday, February 28, is the deadline by which they must cross over.
SB 66, the Governor's buffer strip bill, passed the Senate 34-0 and had a hearing yesterday in House Taxation committee. A string of diverse proponents testified in favor of the bill – ranging from the Sierra Club, Izaak Walton League, and Dakota Rural Action to a variety of agricultural groups. The bill easily passed committee on a 14-0 vote. Another bill dealing with ag land taxes, SB 142, was originally introduced to require agricultural land to be assessed on its actual use. While SDCA supports actual use as the basis for property taxes, we remain committed to awaiting the soil productivity study that was previously authorized by the legislature and is currently underway at SDSU. SB 142 was amended by Senate Tax committee to require SDSU to provide status updates on the research project.
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SDCA Bill Tracking List
HB1157: 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. Referred to House State Affairs
SB162: 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, waiting for a hearing
SB172: 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. First hearing in Joint Committee on Appropriations yesterday
HB1038 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.
HB1068 Revise certain provisions concerning landowner liability for certain injuries suffered. This was vastly improved via a hog house. Passed House 68-0; referred to Senate Judiciary.
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.
HB1139: Revise certain provisions concerning adverse possession of certain real property. House Judiciary deferred to 41st day.
HB1177 Accommodate legislation regarding certain big game depredation. House Ag tabled.
HB1187 Revise the process by which courts consider appeals of decisions regarding conditional use requests. Passed House Local Government.
HB1188: Accommodate legislation to promote agricultural development. Referred to House Appropriations.
SB 7: : Revise the criteria for determining if property is classified as agricultural land for property tax purposes. Passed Senate 30-5; passed House Taxation.
SB14: : Make an appropriation from the coordinated natural resources conservation fund to the State Conservation Commission and declare an emergency. Passed Senate 35-0; House committee hearing waived.
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.
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. Referred to Senate Local Government.
SB127: Provide certain defenses to adverse possession claims. Senate Taxation tabled.
SB135: Implement a Country of Origin Labeling law for beef sold in SD. Passed Senate State Affairs 5-3.
SB142: Provide for the assessment and taxation of agricultural land based on its actual use (delete) certain updates and reports concerning research data and methods used to assess agricultural land. Passed Senate Taxation 6-1.
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 Judiciary 11-0.
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.
SB119: Accommodate legislation to improve culverts in the state. Senate Transportation tabled.
HB1073: Revise provisions regarding gifts from registered lobbyists to public officials. Passed House State Affairs.
HB1074: provide for limits on certain out-of-state contributions to ballot question committees. Passed House State Affairs 9-3.
HB1076: Create a State Government Accountability Board. Scheduled for hearing in House State Affairs 2/22/17.
HB1089: Provide for greater transparency and accountability in state government. Scheduled for hearing in House State Affairs 2/22/17.
HB1128: Establish certain provisions retarding conflict of interest for legislators. Withdrawn at the request of the sponsor.
SB27: : Prohibit certain direct conflicts of interest by public officials and provide a penalty. Passed Senate 33-0.
SB53: : Create a state ethics commission. Referred to Senate State Affairs.
SB54: : Revise certain provisions regarding campaign finance. Referred to Senate State Affairs.
SB171: Establish the Government Accountability Task Force to study government, campaign finance, lobbyist restrictions, and ethics, and declare an emergency. Referred to Senate State Affairs.
Fixing the Initiative Process:
HB1073: Revise and repeal certain provisions regarding gifts from registered lobbyists to public officials. Passed House 66-0; Referred to Senate State Affairs.
HB1074: Limit out-of-state contributions to ballot question committees. Referred to House State Affairs.
HB1130: Revise certain provisions that provide transparency and public comment for ballot measures and amendments to the Constitution. Passed House State Affairs 8-4.
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 State Affairs 10-1.
HB1200: Revise certain provisions regarding contributions to ballot question committees. Referred to House Judiciary.
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; Referred to House State Affairs.
SJR2: : Propose a constitutional amendment requiring that all future amendments by approved by a super-majority, instead of simple majority. Passed Senate 19-15; Referred to House State Affairs.
HB1035: Revise and provide procedures for filing, certifying, and challenging petitions. Passed House 57-0; referred to Senate State Affairs.
HB1036: Revise certain provisions concerning voter registration and notices of boundary changes for local elections. Passed House 67-0; passed Senate 35-0.
HB1027: Allow two-wheeled off-road vehicles that meet certain requirements to be registered and licensed. Passed House 69-0; passed Senate 32-0.
HB1071: Require legislative approval before any high level nuclear waste may be processed or deposited within state boundaries. Passed House 67-1; referred to Senate State Affairs.
HB107: Repeal the authority of municipalities to exercise planning and zoning powers outside corporate limits of municipalities. House Local Government deferred to 41st Day.
HB1088: Revise provisions regarding required stops at railroad crossings. Passed House 67-1; referred to Senate Ag.
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; Referred to Senate Local Government.
HB1159: Revise certain provisions regarding the regulation of commercial pet breeding operations. Hog housed in House 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.