Legislative Update South Dakota Stockgrowers Association February 15, 2019


Revenue numbers were agreed by the Joint Committee on Appropriations. The legislature is assuming slightly higher revenues than those forecast by Governor Noem in her budget address. The bill to require high school students to pass the citizenship test passed the House Thursday. The Senate narrowly passed a bill to let voters decide on sports betting for Deadwood. That bill now goes to the House. SB 65, to permit counties to impose a half cent sales tax to fund jails and incarceration facilities, passed the Senate Local Government Committee on Wednesday.

Governor Noem appointed Travis Bies of Fairburn and Robert Whitmyre of Webster to the GF&P Commission. Bies and Whitmyre succeed Barry Jensen of White River and Cathy Peterson of Salem on the Commission. HB 1139, to repeal provisions regarding maximum taxes levied by a school district for capital outlay, passed the House Education Committee Wednesday. The bill removes all caps and makes the Capital Outlay Fund operate as it did prior to the Blue Ribbon Task Force which resulted in the sales tax increase for teacher pay. The bill would allow school districts to levy up to $3.00 per $1,000 of taxable valuation. If a district does not change its levy and valuations increase by 8% then their Capital Outlay revenue increases by 8%. All but two school districts are currently under the $3.00 levy for 2019. Consequently,

HB 1139 could increase property taxes in 147 school districts.

Stockgrowers’ Legislative Issues

Fake Meat

SB 68, the meat labeling bill, was passed unanimously by the Senate Ag Committee yesterday. We had a good hearing with support from Cattlemen, Farm Bureau, Pork Producers, Farmers’ Union, and the Soybean Association as well as from local ranchers David Reis and Brett Kenzy. The bill now goes to the full Senate where it will be heard next week.

Agland Valuation

SB 4, to perform a pre-implementation simulation of updated agland assessment standards was passed by the Senate Tuesday. However, SB 112, to provide actual use status for land in grass at least 10 years, died in the Senate on Wednesday.

Brand Fee Increase

SB 149, to increase certain brand registration and renewal fees, passed the Senate yesterday. As proposed the bill was identical to last year’s failed bill to increase those fees. However, Governor Noem proposed, and the committee passed, two reductions from last year’s ask to renewal fees. Last year’s bill sought $20 annual and $100 five year renewal fees. The governor’s office lowered those to $18 and $90 respectively.

Other Stockgrowers Issues

SB 93, regarding youth driving restrictions, was amended further on the Senate floor and passed by the Senate. In addition to exempting young drivers operating under a restricted permit from time restrictions when they are “operating the motor vehicle to attend or to return home from school or a school event.”, the bill now includes exemptions when “Operating the motor vehicle while going directly to or from any religious worship service held by a religious organization” and/or when “Operating the motor vehicle while going to, from or in connection with any job, employment or farm-related work.”

The bill to legalize industrial hemp passed the House this week 65-2. However, Governor Noem continues to oppose the bill now saying the premature authorization of industrial hemp could allow marijuana to be legalized in South Dakota. If you have any questions or comments about this week’s report or about activities in Pierre, please feel free to contact me at murphy@rushmore.com

Best regards, Jeremiah

Legislation of Interest

Following are the bills that have been introduced that may impact Stockgrowers. You can read the bill text and actions by clicking on the blue bill number. Bill status is noted in the status column. DP = “Do Pass” DNP = “Do Not Pass” “41st day” means a bill has been killed.

2/5 signed by Gov. HB 1030 allow the Office of School and Public Lands to accept internet bidding for the leasing of state mineral rights.

2/6 signed by Gov. HB 1031 authorize certain wind and solar easements and leases by the commissioner of School and Public Lands.

2/12 DP Senate HB 1054 revise certain provisions regarding the possession of firearms on certain vehicles.

2/8 DP Senate HB 1075 revise certain provisions regarding the authority of conservation district governing boards.

2/19 hearing HB 1089 revise provisions regarding electronic livestock auctions.

HB 1100 revise certain programs regarding landowner rights.

HB 1101 revise certain programs regarding the Department of Game, Fish and Parks.

2/13 DP H. HB 1103 establish a lemon law for certain farm machinery.

2/13 DP House HB 1117 establish immunity from liability for injuries to or the death of a person engaged in off-road vehicle activity under certain circumstances.

2/12 tabled HB 1125 create a property tax relief fund and to provide for the transfer of certain unobligated cash balances.

2/7 DNP HB 1145 establish certain provisions regarding the mowing of rights-of-way adjacent to the state trunk highway system.

2/5 DP House HB 1159 repeal a provision that prohibits hunting mourning doves on public roads and highways.

1/28 withdrawn HB 1161 revise certain provisions regarding the issuance of temporary permits for the use of public water.

1/31 tabled HB 1162 provide for the expiration of certain statutory authority regarding the promulgation of rules by the Game, Fish and Parks Commission.

2/5 DNP H. Ag. HB 1182 require a balanced and representative membership on the Game, Fish and Parks Commission.

2/11 DP House HB 1188 revise provisions regarding fertilizer inspection fees. 

 2/20 hearing HB 1251 distribute funds to the special racing revolving fund and the South Dakota-bred racing fund from the tourism promotion fund and simulcast wagering.

2/20 hearing HJR 1003 Proposing and submitting to the voters at the next general election a new section to Article XII of the Constitution of the State of South Dakota, relating to the creation and administration of a trust fund using the net receipts from unclaimed property.

2/11 DP Senate SB 4 revise certain provisions regarding the classification of agricultural land for property tax purposes.

1/22 DP Senate SB 18 update certain references to federal laws and regulations regarding pipeline safety inspections and to increase the maximum civil penalty for certain pipeline safety violations.

1/29 tabled SB 33 authorize the commissioner of school and public lands to sell and acquire certain real property.

2/12 DP H. Ag. SB 40 authorize the transfer of certain real property to the Animal Industry Board.

2/12 DP H. Ag. SB 43 redirect funding to a collaborative program in rural veterinary medical education and to provide tax revenue for the support of veterinary students.

2/14 DP H. Ag. SB 63 increase the penalty for a subsequent conviction for trespass to hunt, fish, or trap.

2/14 DP S. Ag. SB 68 define certain acts as misbranding of food products.

2/12 DP Senate SB 93 revise certain provisions regarding instruction and restricted driving permits.

SB 102 make an appropriation for gas well cleanup in Harding County.

2/11 DNP Senate SB 103 provide for an annual transfer of certain unobligated state general funds into the local bridge improvement grant fund.

2/14 DNP Approps SB 105 distribute a portion of tourism promotion funds to the special racing revolving fund and the South Dakota-bred racing fund.

2/12 DNP Senate SB 112 provide for the assessment of certain agricultural land as noncropland.

2/14 DP Senate SB 128 make an appropriation to the gaming commission fund, to provide for the transfer of funds to the special racing revolving fund and the South Dakota-bred racing fund, and to declare an emergency.

2/14 DP Senate SB 149 increase the amount authorized for certain brand fees and to authorize a brand registration application fee and an expedited registration fee. 

2/20 hearing SB 179 revise the property tax levies for the general fund of school districts and to revise the state aid to education formula.

2/19 hearing SB 183 revise certain provisions regarding buffer strips.