Legislative Blog

Executive Director — Tue, 20 Jan 2009 00:00:00 GMT

SDCA Legislative Update

January 15, 2009

As you can see by the list of bills, the 2009 session will be busy for our state legislators, SDCA and agriculture. With the Governor’s announcement during Tuesday’s address that the budget numbers will need to be revised from earlier projections made in December’s address, everyone will need to pay very close attention to the budget process. As is normal, when dollars are tight, fee increases and repeal of tax exemptions are two methods to raise dollars – both avenues having the potential for great impact on agriculture.

Bills that have been filed so far that SDCA will be watching are listed below. A number of additional bills are expected in the coming weeks, and we’ll keep you apprised throughout the process. If you’d like periodic e-mail updates during the legislative session, please e-mail Jodie at executive@sdcattlemen.org and ask to be included on the legislative update list.

HB 1003 clarify the application of common law trespass and to provide for the recovery of damages against trespassers.

Any person who knowingly and without lawful justification, enters any parcel of cropland, pastureland, woodland, or other land commits an act of civil trespass. The trespasser is liable to the landowner for compensatory damages. The trespasser who commits any act of civil trespass is also liable to the landowner, for each separate trespass for nominal damages in the liquidated amount to five hundred dollars.

HB 1004 provide for the killing of mountain lions under certain circumstances and to provide for the disposition of such mountain lions.

Allows a person to kill a mountain lion if reasonably necessary to protect the life of that person or some other person or allow the killing of any mountain lion posing an imminent or perceived threat the person's livestock or pets.

If any mountain lion is killed pursuant to the conditions noted above, the person who killed the mountain lion shall notify a conservation officer. The language also sets forth the guidelines to follow if a person wishes to take possession of the mountain lion they killed.

HB 1005 require that certain land acquisitions by the Department of Game, Fish and Parks be conditioned upon subsequent legislative approval.

Any purchase of more than twenty acres of land shall only be contracted for by the Department of Game, Fish and Parks subject to subsequent legislative approval by specific statutory enactment. Within sixteen months from the date of any contract to purchase twenty or more acres of land, the secretary of the department shall have legislation introduced in the Legislature providing for specific legislative approval of the purchase. Failure of the Legislature to enact specific statutory approval for any such purchase within twenty-one months of the date of the contract renders the contract void.

HB 1006 create a Highway Finance Task Force to study long-term highway needs and to reform the method of financing highways in the state.

The task force shall also study following issues:
(1)    Projected long term state and local highway needs;
(2)    Allocation and distribution of responsibility for all highway segments within the state;
(3)    Future state and local highway cost projections compared to projected revenue;
(4)    The sustainability of current sources of the state highway fund;
(5)    Alternative sources of highway funding revenue and looking at ways of reforming the system of financing highways to meet future highway needs;
(6)    Strategies for creating greater efficiency in financing state and local highways;
(7)    Strategies to promote the development of innovative ideas aimed at reducing highway funding needs; and

(8) Future potential and possible impacts of declining federal funds for highway construction.

HB 1007 increase certain noncommercial motor vehicle license fees.

(1)      Two thousand pounds or less, inclusive, thirty forty dollars;
(2)      From 2,001 to 4,000 pounds, inclusive, forty-two fifty-two dollars;
(3)      From 4,001 to 6,000 pounds, inclusive, fifty-five sixty-five dollars;
(4)      Over 6,000 pounds, sixty-five seventy-five dollars.

HB 1012 include State Brand Board investigators in Class B public safety membership in the South Dakota Retirement System.

HB 1024 authorize the Department of Transportation to regulate the operation of off-road vehicles in certain state highway ditches.

Notwithstanding the provisions of § 32-20-12, the secretary of the Department of Transportation or any board of county commissioners by ordinance may ~~, by ordinance,~~ prohibit the operation of off-road vehicles in any highway ditch along any section of highway under its jurisdiction.

HB 1061 revise certain brand inspection provisions regarding a shipper's permit.

Would amend state law to allow the livestock owner to also get a shipper’s permit to move livestock out of the ownership inspection area in order to get a brand inspection at an open market.

HB 1062 increase the reward for certain information regarding livestock thefts.

Increases the reward maximum from one thousand to five thousand to persons who provide information leading to the conviction of any person for the crime of stealing livestock which are branded with a brand registered with the board.

HB 1063 revise certain brand registration provisions concerning out-of-state brands on cattle sold in the livestock inspection area.

Adds to present statute, that cattle purchased at a licensed livestock auction market in the ownership inspection area may be branded with the owner's out-of-state brand if the cattle are branded at the market, are purchased for export from the state within two calendar days of purchase, and an authorization form is obtained from the board prior to branding the cattle.

HB 1064 revise certain brand inspection provisions regarding authorized bills of sale.

Allows an owner of unbranded livestock or livestock that bears the owner’s recorded and healed brand to sell up to five head of such livestock without a brand inspection. The owner must use a Brand Board adopted form called an “authorized bill of sale” to do so. Under current law the authorized bill of sale does not constitute authorization to leave the ownership inspection are without an inspection.

HB 1065 provide for voluntary ownership inspections of horses and mules and to authorize a fee for those inspections.

HB 1078 prohibit acts of terrorism against persons engaged in a state university activity involving live animals.

SB 3 revise certain provisions concerning the assessment of agricultural land.

SB 4 revise certain tax levy limitations and property tax levies for school districts.

SB 32 increase certain fees related to the use of motor vehicles.

Impose a fee of one dollar on each vehicle registered and licensed in this state for the purpose of administering the Division of Highway Patrol.

Increase the fee for an original driver license or a renewal of a driver license form eight to twenty dollars. The fee for a duplicate license, a name change, or an address change will be increased from six to ten dollars. The fee shall be credited to the state motor vehicle fund. Five dollars of every fee for an original or renewal license collected pursuant to this section shall be used to administer the Division of Highway Patrol.

The fee for a commercial driver license will be raised from fifteen to twenty-five dollars, and each commercial driver license endorsement knowledge test administered, the fee is raised from five to ten dollars.

Contact Information

SDCA Office 605-945-2333

House Lobby - 605-773-3851 (to leave a message for your Representative)

Senate Lobby - 605-773-3821 (to leave a message for your Senator)

Additional information regarding the bills, legislative committees, etc. can be found on LRC’s website at http://legis.state.sd.us/index.aspx.

SDCA members are encouraged to contact Jodie at the SDCA office at 605.945.2333 or executive@sdcattlemen.org if you have any questions regarding SDCA’s legislative issues.

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