SD Stockgrowers Legislative Report

(Note: The title may not appear to have to do with education, but please scroll down the list of legislation in South Dakota and you'll soon find items of interest!)

January 31, 2003

From:  (Mary Smith)

"For 111 Years our focus has remained unchanged: To protect and promote the interests of the South Dakota cattle industry."

Legislative Report for week ending January 31, 2003

The new legislators figured out how to introduce bills this week.

As of today 189 Senate bills and 220 House bills have been introduced. There will be more bills introduced this afternoon that won't show up on the lists until tomorrow.

The following are bills the Stock Growers are watching and the action we are taking on them. I am trying a new format this week that hopefully will help you.

I have attempted to link all the bills to the LRC.

You should be able to click on the bill number and get it to come up. Good luck.

SB 27 classify mountain lions as big game and to allow the use of dogs in hunting mountain lions. This bill would change the classification of mountain lions to big game to allow for hunting seasons to be established on them. The Stock Growers presented an amendment in committee to also change the laws to allow for hunting with dogs, as that is the only effective way to hunt lions. Stockgrowers testified in favor of this bill. Passed Senate 27 to 7. Passed House Committee.

SB 71 provide for the certification of school administrators. This is a heads up to those of you who may be school board members in small districts. A few years ago the legislature allowed schools to hire CEO's instead of Superintendents. As I read this bill it will require superintendents again or require a bunch of schooling. Passed committee 5 to 2.

SB 77 provide for certain increases in the state minimum wage. This bill would increase the minimum wage to $5.50 from $5.15. Not our fight just for your information.

SB 117 An Act to exempt the gross receipts of certain transportation services from sales and use tax. Exempts sales tax on trucking.

SB 122 An Act to permit certain persons holding a restricted driving permit to operate a motor vehicle for an extended period of time.

SB 132 An Act to authorize certain haystack movers to exceed vehicle weight restrictions under certain conditions.

SB 133 An Act to revise the schedule of penalties for overweight vehicles.

SB 143 An Act to permit the county levy and rural fire protection district levy to be increased for fire fighting purposes.

SCR 2 Supporting an appeal of certain federal management plans for the Nebraska National Forest and associated national grasslands in Nebraska and South Dakota. This resolution was brought forward my Stockgrower members affected by the Forest Service. This has passed both houses of the Legislature.

HB 1011 transfer funds from the South Dakota-bred racing fund to the Department of Social Services for domestic and sexual abuse shelter programs and to make an appropriation therefor. The State started robbing this fund under the previous administration and is going to do so again this year. However, it looks good with the new administration that they want to wean the Sate from this fund.

HB 1020 authorize the Game, Fish and Parks Commission to promulgate rules to permit certain mobility-impaired hunters and disabled hunters to hunt from a stationary motor vehicle and to permit certain persons to operate and ride on an off-road vehicle while in possession of a loaded and uncased firearm. Currently handicapped hunters who cannot walk are allowed to shoot from a vehicle. This would add mobility-impaired hunters to the exception.

HB 1021 increase the maximum nonrefundable application fee which may be established by the Game, Fish and Parks Commission for bighorn sheep, mountain goat, and elk licenses. This bill would have increased GF&P income by approximately $300,000 per year. GF&P testified that they wanted the money to go to Elk depredation for private landowners. The bill was killed in committee because most members didn't believe that the money they had now was properly used.

HB 1061 provide for the crime of bestiality and to prescribe certain penalties therefor. Not sure about this one. Animal husbandry and artificial insemination is exempt. Passed out of committee 8 to 4. Passed house 63 to 6.

HB 1070 require the Department of Game, Fish and Parks to receive the approval of the Legislature before acquiring certain land. The Stockgrowers have had resolutions supporting this concept for a long time. I believe there is a chance we can get this passed if we get support. The SDSGA worked hard on this bill it will be on the floor of the House Monday.

HB 1075 designate rodeo as the official sport of South Dakota. Representative Rhoden got a lot of cosponsors on this piece of legislation. It passed out of the House with only 4 dissenting votes. The Stockgrowers supported this bill.

HB 1091 impose an intangible property tax. This bill would create a system that would be able to tax assets other than real property such as stocks and bonds. Killed in committee 10 to 3.

HB 1108 An Act to authorize landowners and operators to hunt big game from certain public highways.

HB 1124 An Act to increase certain sales and use taxes and allocate revenue for education and property tax reduction. This would increase sales tax by 1% and direct it towards schools.

HB 1125 An Act to revise the calculation of state aid to education.

HB 1142 An Act to increase the penalty for transacting business as a livestock dealer, packer, or packer buyer without a license.

HB 1149 An Act to require a permit of persons engaged in certain plumbing activities. I included this bill because it attacks rural residents ability to hire plumbers.

HB 1163 An Act to revise certain provisions related to hunting in public rights-of-way. This is the bill from the SD Wildlife Federation on Road Hunting. Sen. Koskan was trying to get land owners and sportsmen together on this issue but has not been able to do it. SDSGA will oppose the bill as it currently stands.

HB 1172 An Act to revise the factors considered in the certification of a county overweight vehicle enforcement program.

HB 1173 An Act to create a constitutional revision commission to make a comprehensive study of the Constitution of this state and to consider and recommend legislation for the improvement of the Constitution.

HB 1174 An Act to provide a weight tolerance for ice or snow buildup on vehicles.

HB 1177 An Act to require a school board to notify the parent or guardian of each student being taught by certain teachers. Here is another attack on rural areas. This requires schools to hire certified teachers and not allow someone in the community that may have experience to teach.

HB 1178 An Act to require highly qualified teachers and to limit the use of unqualified substitute teachers. Here is another attack on rural areas.

HB 1179 An Act to repeal certain provisions prohibiting disclosures by a state agency of information concerning a private entity. This is a repeal of the Gag law.

HB 1192 An Act to revise the procedure for assessing agricultural property and to repeal the nonagricultural acreage classification. This may be the biggest issue facing us this session. This is the bill that Rep. Lintz has been working on for three years. This bill would base taxation on lands ability to produce and not the sales price.

HB 1193 An Act to increase the penalty for certain trespass violations related to hunting, fishing, and trapping.

HB 1204 An Act to increase the tax upon the sale of certain alcoholic beverages and to provide for the distribution of the tax revenue.

HB 1205 An Act to reorganize the state's school districts. This would make school districts the same as legislative districts except in large cities. 26 districts in SD.

HJR 1001 Proposing and submitting to the electors at the next general election an amendment to Article VIII of the Constitution of the State of South Dakota pertaining to distribution of school and public lands income and proceeds of fines collected from violations of state laws. Currently all traffic fines are given to the school districts in the county in which they were collected. This money is outside the State Aid to Education formula so counties with a weigh station get a huge windfall and schools without weigh stations get very little. This attempts to distribute that money more evenly. This was killed in committee 11 to 1.

To view any of these bills via the Internet click on the following link that will hopefully get you to the Legislative Research Council.  Then click on current legislative session.