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SD Wheat Inc. Legislative Update February 26, 2016

Issues of importance or interest to agriculture are listed below: click on the link to read complete legislation.

To find ANY bill click on the following links:




SB 3 revises the definition for determining ag land property by revising income criteria (gross income equal to at least 10% of the assessed value of the bare land) and including a management unit definition;

Passed Ag & Natural Resources and passed the Senate.  Passed Senate 2-4-2016 – Passed House Ag & Natural Resources 11 Yeas to 1 Nay


TABLED (DIED) SB 4 which allows a person to request local director of equalization for classification as noncropland native grassland or land that has been seeded to perennial vegetation for at least 30 years and used for animal grazing or left unharvested;  


SB 23 would allow School & Public Lands 5 years to complete a land exchange instead of the current 2 so that SPL has time to negotiate with the federal land managing agency Amended in Senate Ag; Passed Senate Floor; sent to House Ag, Passed House Ag Committee and sent to the floor – pending action.


SB 58 revises certain restrictions for the use of night-vision equipment for hunting under certain conditions by allowing up to four guests to participate in a night hunt. Passed Senate vote 18 – 14.  Sent to House Ag & Natural Resources Passed House Ag waiting for action on House Floor.


HB 1007 seeks an appropriation of $175,000 to SDSU. SDSU research would update SD Dept of Revenue production data and assess impact if additional factors are considered in determining “highest and best use.” Current highest and best use uses only what is physically possible; recommendation is to also consider what is financially feasible (accessibility, market access, marginal productivity, risk) and what will provide maximum profitability (long-term sustainability, environmental practices, etc).  Passed Joint Committee on Appropriation.  Passed amended the House Floor. Passed Senate Floor.


Signed by Governor -HB 1018 defines certain terms related to commercial fertilizer and soil amendments by defining manipulated manure that is sold as commercial. HB 1018 passed both committees and both House and Senate.  Passed by House Senate and has been signed by the Speaker and President.


 County government interim committee brought forth several pieces of legislation including:


SB 2 which would revise the $14 M annual alcohol beverage tax distribution from 75% state/25% cities to 50% state/25% city/255 county. SB 2 was passed out of Senate Local Government. Passed Senate Local Government and Senate Floor.  Passed House local Government.  Deferred on the House Floor.


SB 16 proposes to increase the nursery inspection fees The State intends that the nursery certificate of inspection (aka license) program be self-supporting but it has operated as a deficit for several years. Current estimated cost is $97,000 annually. SD Dept of Ag issues about 437 biennial “licenses” to nurseryman (growers) and dealers. SD Ag proposes “licenses” may be issued annually with an accompanying fee increase 80%. Passed; Joint Committee on Appropriations Passed Senate Amended, deferred on House Floor.


SB 18 request continued support for $1,000,000 expenditure authority for Coordinated Natural Resources Conservation Fund. Joint Appropriations hearing held Tuesday, January 19. No action taken because, as noted above, the Committee cannot yet vote on bills.  Parties apply for project grants from this Fund.  While $500,000 plus interest automatically deposits in the fund each year, the Department of Agriculture must have expenditure authority to spend the funds.

Signed by the Governor 1-27-2016


House Bills

House Bill 1024 requests a $250,000 appropriation for the maintenance and repair of state owned dams and to declare an emergency.  The Committee on Appropriations at the request of the Commissioner of School and Public Lands.  Passed by Joint Appropriations.  Passed by the Senate.



House Bill 1031 revise certain provisions pertaining to weights and measures.  The Committee on Commerce and Energy at the request of the Department of Public Safety. Amended and Passed House Commerce and Energy.  Passed the House 65 – 0. Passed Senate Commerce and Energy.  Passed House, Passed Senate, Signed by the Governer.



House Bill 1043 revise the state aid to special education formula.  The Committee on Appropriations at the request of the Bureau of Finance and Management.  Referred to Joint Appropriations Committee; passed.  Scheduled for hearing Joint Appropriations.


House Bill 1044 revise the state aid to general education formula. The Committee on Appropriations at the request of the Bureau of Finance and Management.  Referred to Joint Committee Appropriations; passed. Scheduled for hearing Joint Appropriations


House Bill 1046 requests a $1,000,000.00 appropriation to the railroad trust fund and to declare an emergency.  The Committee on Appropriations at the request of the Department of Transportation. Referred to Joint Appropriations.  Committee passed.  Scheduled for Hearing Joint Appropriations.


Deferred to 41st day (Died)House Bill 1054 authorize the production and sale of industrial hemp.  Representative Verchio and Senator Heinert, Referred to House Ag & Natural Resources passed. Passed the House 57 – 11 ammended, sent to Senate Agriculture and Natural Resources.



House Bill 1080  To make an appropriation of $175,000 and to transfer certain money to the Bureau of Administration to fund a design study for a potential expansion and upgrade to the State Animal Disease Research and Diagnostic Laboratory and to declare an emergency. Passed House of Representatives. Sent to Senate committee.


House Bill 1084 to define when concurrent employment may be used to calculate earnings in workers’ compensation case.  Passed House and the Senate and Signed by the Governor.


House Bill 1094 To increase the commercial fertilizer inspection fee for purposes of fertilizer-related research and education and to create the Nutrient Research and Education Council to promote such research and education.  Passed House Ag & Natural Resources with a 12 – 1 vote  Passed the House Floor 67 – 2. Scheduled for Senate


House 1140 to revise certain provisions regarding county zoning. Ammended by the Hosue and passed. Referred to Senate State Affairs.


Senate Bills

Senate Bill 12

Authorize the Board of Regents to sell certain extraneous real property in Brookings County and to deposit the proceeds with the state treasurer to be credited to a fund designated as the real property acquisition and capital improvement fund for South Dakota State University. The Committee on Appropriations at the request of the Board of Regents.  Passed Joint Appropriations.Passed Senate 35 – 0. Passed committee and passed House Floor. Signed by the Governor.


SB 59 Sponsors: Senator Vehle and Representative Duvall.  Revise certain provisions regarding the application of the special annual road funding levy.  Passed the Senate, Passed House Taxation, sent to the House floor.

SB 68 annual omnibus water funding bill. Passed Senate 35 – 0 Passed House 63 – 6 .

Signed by the Governor.


SB 98 revise and repeal certain anti-corporate provisions regarding pork production. Passed Senate sent to House Ag & Natural  Resource.

SB 107 clarify the 660’ safety zone restriction on hunting. Passed Senate Floor sent to House Ag & Natural Resources.


SB 109 require counties to conduct random checkpoints for overweight vehicles as a condition of receiving funds from the bridge improvement grant fund. Passed Senate Floor.


SB 110 increase certain fuel excise tax rates. Amended in Senate Transportation as follows:  On page 1, line 1, of the printed bill, delete everything after “Act to” and insert “revise certain provisions regarding motor vehicle fuel not specifically taxed under the fuel excise tax.”. Passed Senate Floor by 1 vote as amended.


SB 127 Revise provisions for placement of a utility facility across a railroad right of Way. Passed Senate Floor Amended sent to House State Affairs.


Failed to pass Senate FloorSB 141 Revise distribution of petroleum release compensation and tank inspection fees. Referred to Senate Transportation Deferred by chair.


Caren Assman

SD Wheat Inc.,

PO Box 667

Pierre  SD  57501