Legislative Update South Dakota Stockgrowers Association March 8, 2019


A bill (HB 1209) to ban vaping products everywhere that smoking tobacco is prohibited passed the Senate this week. The Senate also passed SB 61 to give communities 18 months to try finding new owners for nursing homes that otherwise would close. The House passed SB 115, to allow people with enhanced-carry permits to take concealed weapons into all areas of the Capitol except the Supreme Court chamber and the governor’s office. The governor is expected to sign the bill. Next week will have three working days for the legislature. A few bills remain for concurrence including the hemp bill and a bill to provide state funding assistance to horse racing and, of course, the final details of the state’s budget must be determined.

Stockgrowers’ Legislative Issues

County Law Enforcement Funding For Pipeline Protests

This week the administration proposed a pair of bills in response to the potential for protests during construction of the Keystone XL (and similar) pipeline. SB 190 creates a fund to reimburse the state, counties, or municipalities for law enforcement expenses incurred due to opposition to pipeline construction. SB 190 requires pipeline builders to pay for such expenses and, to that end, requires pipeline builders to furnish a bond based on the length of the pipeline up to a maximum of $20 million. SB 189 authorizes civil suits against those who engage in “riot boosting” – essentially inciting others to riot. Stockgrowers testified in support of SB 190 and took no position on SB 189. Both bills passed the two chambers this week and await the governor’s signature.

Fake Meat

SB 68, the meat labeling bill, was passed unanimously by the House this week and has been delivered to the governor for her signature.

Agland Valuation

SB 4, to perform a pre-implementation simulation of updated agland assessment standards passed the House yesterday and goes to the governor for her signature.

Industrial Hemp

HB 1191, the bill to legalize industrial hemp, was passed by the Senate this week on reconsideration. The Senate originally defeated the bill. But, the bill was brought back with an amendment to lower its threshold for passage from 2/3rds to a simple majority. The House must now concur in the Senate amendments before the bill goes to the governor.


HCR 1007, a pro-COOL resolution, was amended into a voluntary COOL bill in the Senate Ag. Committee. The bill, as amended, failed to pass the full Senate.

Other Stockgrower Issues

SB 93, the bill to amend (and broaden exceptions for) instruction and restricted driving permits, was tabled by its sponsor after unfriendly amendments regarding the duration of the permits were added. Although the Senate killed HB 1251, which placed a fee on online horse racing wagers in order to subsidize SD horse racing, SB 128, a vehicle to appropriate money from the general fund to assist SD horse racing, is still in play. 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. (Note: To clean up the report and focus on bills still in play, I’ve removed bills that have been previously reported as failed.)

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.

3/6 signed by Gov. HB 1054 revise certain provisions regarding the possession of firearms on certain vehicles.

2/19 signed by Gov. HB 1075 revise certain provisions regarding the authority of conservation district governing boards.

3/4 DP Senate HB 1103 establish a lemon law for certain farm machinery.

3/6 signed by Gov. HB 1159 repeal a provision that prohibits hunting mourning doves on public roads and highways.

3/6 DP Senate HB 1191 legalize the growth, production, and processing of industrial hemp and derivative products in the state.

3/6 DNP Senate 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 3/4 DNP Sen. Approps. 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. Amended to voluntary COOL

3/10 DNP Senate HCR 1007 Expressing and encouraging support for the continued use of countryof-origin labels on meat products sold to consumers.

3/6 DP House SB 4 revise certain provisions regarding the classification of agricultural land for property tax purposes.

2/26 DP House 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.

2/26 DP House SB 40 authorize the transfer of certain real property to the Animal Industry Board.

2/26 DP House SB 43 redirect funding to a collaborative program in rural veterinary medical education and to provide tax revenue for the support of veterinary students.

2/27 DP House SB 63 increase the penalty for a subsequent conviction for trespass to hunt, fish, or trap.

3/4 DP House SB 68 define certain acts as misbranding of food products.

3/5 DNP House SB 93 revise certain provisions regarding instruction and restricted driving permits.

3/5 DP House (amended) 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.

3/5 DP House SB 149 increase the amount authorized for certain brand fees and to authorize a brand registration application fee and an expedited registration fee.

3/7 DP House SB 189 establish a fund to receive civil recoveries to offset costs incurred by riot boosting, to make a continuous appropriation therefor, and to declare an emergency.

3/7 DP House SB 190 promote pipeline construction and fiscal responsibility by establishing a fund, to authorize a special fee for extraordinary expenses, to make a continuous appropriation therefor, and to declare an emergency.