SDCA legislative review
February 9, 2017
The week began with the passage of HB 1069, to repeal IM22 by the Senate on Tuesday afternoon. The Senate Gallery was packed for the debate and a plane flew over the city trailing a banner opposing the passage of HB 1069 most of Tuesday. The Governor signed the bill and the law took effect immediately. There are currently over 20 bills that look to address issues brought forth in IM22 and find constitutional solutions.
Additionally, this week was the last week to introduce legislation so there was a LOT of activity as legislators drafted their final bills.
On Thursday, February 2, the Senate Appropriations Committee introduced SB 172 at the request of Governor Dennis Daugaard. SB 172 offers the Governor's plan to fund upgrades and expansion of the Animal Disease Research and Diagnostic Lab (ADRDL). In the accompanying press release, Governor Daugaard emphasized that timely, accurate diagnosis of disease outbreaks is essential and that he looks forward to working with the Legislature, agriculture industry and SDSU to sustain this public-private partnership and upgrade and expand the lab. Also speaking in support of the lab were Senate President Pro Tempore, Brock Greenfield, House Majority Leader Lee Qualm, SD Pork Producers Executive Director, Glenn Muller. SDCA President, Larry Stomprud, also commented, "This is a good first step. The agriculture industry will be at the table, and we look forward to continued discussions on funding mechanisms."
As noted by President Stomprud, SDCA is fully supportive of upgrading and expanding the ADRDL, but we would like to see a larger portion of the cost borne by the state, thus relieving the fee burden on the livestock industry that is called for in the Governor's plan. We urge livestock producers to be patient, as additional ideas for funding the state vet lab project continue to come forward from legislators. It is likely the final funding package will not be completed until the budget is settled in the final days of Session and we will keep our members apprised as the process continues.
The total cost of the project is pegged at $68,153,637. Taking into account funds already expended and reductions identified, the remaining funds needed are $58,639,637. Funding proposals in SB 172 include:
State General Funds:
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$6,000,000 SDSU/ADRDL availablecontribution
$5,000,000 One-Time State GeneralFunds
$1,500,000 State General Funds
Feed Tonnage Fee: 3,000,000 tons/year * $0.55/ton =$1,650,000
Vet Inspection Fee: 2,800,000 inspections/year * $0.30=$840,000
Animal Remedy Exemption Repeal: 700 products * $75.00 = $52,500
Animal RemedyFee: 1,520 products * $62.50= $95,000
PoultryHealthFee: 6,785,000 birds/year * $0.05=$339,250
Raw MilkAssessmentFee: 21,428,571 cwt * $0.004 =$85,714
Total Revenue for Bond Payment = $3,062,464 /year
SB 172 also includes ongoing funding of State General Funds in the amount of $800,000 per year and Commercial Pet Food registration fees of $1,000,000 per year directed to the ADRDL lab for ongoing maintenance.
HB 1157 and SB 162 were also introduced seeking funding for the lab. All three bill propose different funding sources.
HB 1094, allowing for the transfer of certain landowner hunting licenses, received a "Do Pass" recommendation from the House Ag Committee on a vote of 7-6. It still awaits debate and action on the House floor.
SB 66, allowing for the classification of agricultural land as riparian buffer strips, passed out of Senate Ag Committee 9-0, including an amendment to reduce the minimum vegetative cover from six to four inches.
SB 170 would increase the maximum width restriction for farm implements operated on a public highway from one hundred two inches, to two hundred sixteen inches.
Although a study is currently being conducted by SDSU and the Dept. of Revenue regarding the effects of taxing agricultural property based on its actual use, rather than the current practice of taxation based on "highest and best" use, SB 142 was introduced requiring the change to actual use assessments.
SB 105 seeks to reduce farm machinery tax by ½ percent. As agriculture seeks over $46 million dollars for the ADRDL, a request of this type may have others looking to repeal current tax exemptions.
Two bills have been introduced dealing with the care of animals. HB 1159 will add restrictions and requirements to the regulation of commercial breeding operations. Language within the bill will be carefully watched to make sure it does not crossover into the area of livestock.
House Bill 1160 adds language regarding recovering the costs of care for animals seized by law enforcement. The proposed language could be seen as including large animals, SDCA is working with sponsors and other livestock organizations to ensure livestock is protected.
SB 138, to revise certain provisions regarding lands owned by the Department of Game, Fish, and Parks, does the following:
requires all land owned by the Department of Game, Fish and Parks to be transferred to the state (interesting, since GF&P is a state agency, thus the state already owns GF&P land).
prohibits Department of Game, Fish and Parks from buying any real property; and
repeals 10-6-31.6 which is the statute that requires GF&P to pay property taxes to the counties. This would result in more than a $1 million reduction in property taxes currently being paid, which assist with county services.
It was noted in last week's update that SD COOL is back via SB 135. SB 135 will likely be heard in Senate State Affairs on Wednesday, February 11th. In summary the bill repeals CURRENT SD labeling laws, which cover all meat, and replaces it with language that only applies to beef (reference Jan 27th update for details). SDCA members are encouraged to contact members of Senate State Affairs and ask them to oppose SB 135.
SDCA Bill Tracking List
Department of Agriculture:
HB 1188: accommodate legislation to promote agricultural development.
SB 11: revise certain provisions regarding the State Fair Commission.
HB 1157: authorize the Board of Regents to contract for the construction of and improvements to the State Animal Disease Research and Diagnostic Laboratory at South Dakota State University, to make an appropriation therefor, and to provide for the repayment thereof.
SB 148: make an appropriation to the Department of Agriculture for enhancement of the farm link program.
SB 162: authorize the Board of Regents to contract for the design, renovation of, and addition to, the Animal Disease Research and Diagnostic Laboratory on the campus of South Dakota State University and to make an appropriation therefor.
SB 17: authorize the Board of Regents to contract for the construction of a natural resources research and support facility at South Dakota State University, to make an appropriation therefor, and to declare an emergency
SB 172: authorize the South Dakota Building Authority to provide for the construction of and improvements to the State Animal Disease Research and Diagnostic Laboratory and infrastructure at South Dakota State University, to increase and establish certain agricultural fees, to transfer certain funds, to make an appropriation, and to declare an emergency.
SB175: appropriate money for the ordinary expenses of the legislative, judicial, and executive departments of the state, the expenses of state institutions, interest on the public debt, and for common schools.
HB 1034: establish certain fees for receiving electronic files of petitions, to revise certain provisions concerning filing petitions and other documents, and to revise certain provisions concerning elections and voting
HB 1035: revise and provide certain procedures for filing, certifying, and challenging petitions
HB 1036: revise certain provisions concerning voter registration and notices of boundary changes for local elections
HB 1069: repeal and revise certain provisions related to campaign finance and to declare an emergency
HB 1074: provide for limits on certain out-of-state contributions to ballot question committees.
SB 53: create a campaign finance ethics commission and to establish certain powers and procedures for the commission
SB 54: revise certain provisions regarding campaign finance requirements
SB 59: clarify certain requirements relating to initiated measures
SB 64: define the term of a vacancy appointment for water development district directors
SB 67: revise the method used to calculate the petition signatures to place initiated measures on the ballot and to declare an emergency
SB 78: revise provisions regarding election petitions for conservation district supervisors.
HB 1073: revise and repeal certain provisions regarding gifts from registered lobbyists to public officials
HB 1076: create a State Government Accountability Board.
HB 1052: provide certain protections for public employees who report violations of law
HB 1089: provide for greater transparency and accountability in state government.
HB 1128: establish certain provisions regarding conflict of interest for legislators.
HB 1165: provide for annually updated financial interest statements for any person elected to federal, statewide, or local office.
HB 1170: revise certain provisions regarding conflicts of interest for authority, board, or commission members.
HB 1192: increase the period of time certain persons may contract with this state after termination of service.
HB 1198: revise the period of time certain persons are prohibited from lobbying.
HB 1200: revise certain provisions regarding contributions to ballot question committees.
SB 131: revise certain provisions concerning the period of time elected officials are prohibited from lobbying after leaving office
SB 151: create a complaint procedure to resolve allegations of misconduct regarding certain public officials.
SB 163: revise certain provisions regarding disclosure of contributors for independent campaign expenditures.
SB 171: establish the Government Accountability Task Force to study government, campaign finance, lobbyist restrictions, and ethics and to declare an emergency.
SB 173: provide certain provisions regarding the use of contributions received by a candidate campaign committee.
SB 27: prohibit certain direct conflicts of interest by public officials and to provide a penalty therefor
Department of Game, Fish& Parks:
HB 1094: provide for the transfer of certain landowner hunting licenses.
HB 1138: revise certain provisions regarding lands owned by the Department of Game, Fish and Parks.
HB 1150: provide for the issuance of certain hunting licenses to nonresident military veterans at the resident rate.
HB 1177: accommodate legislation regarding certain big game depredation.
HB 1130: revise certain provisions that provide transparency and public comment for ballot measures and amendments to the Constitution.
HB 1141: provide for a legislative task force to consider certain legislation proposed to revise provisions regarding the initiative and referendum process in South Dakota.
HB 1153: revise the signature requirements for initiated measures and referred laws.
HB 1163: revise certain provisions regarding the board of county commissioners.
HB 1164: revise certain provisions regarding violations of county and municipal ordinances.
HB 1187: revise the process by which courts consider appeals of decisions regarding conditional use requests.
HB 1027: allow two-wheeled off-road vehicles that meet certain requirements to be registered and licensed
HB 1038: repeal the requirement for farm corporations to file farm annual reports with the secretary of state
SB 119: accommodate legislation to improve culverts in the state.
SB 154: require the Department of Transportation to utilize native grasses on new or remodeled state properties as landscape.
SB 22: exempt certain unmanned aircraft systems from the requirement to be registered as aircraft
SB 65: establish the South Dakota Board of Technical Education and to revise certain provisions regarding career and technical education and postsecondary technical institutes
SB 80: regulate the use of drones under certain conditions and to provide a penalty therefor.
HB 1139: revise certain provisions concerning adverse possession of certain real property.
HB 1151: repeal certain index factors regarding the taxation of real property.
SB 07: revise the criteria for determining if property is classified as agricultural land for property tax purposes
SB 105: reduce the excise tax imposed on the gross receipts from sale, resale, or lease of farm machinery, attachment units, and irrigation equipment.
SB 142: provide for the assessment and taxation of agricultural land based on its actual use.
–South Dakota Cattlemen's Association