SDFB Leader Connection

August 18, 2008

In this issue: 
      DakotaFest
      District Caucuses
      Century Farms Recognition
      Government Operations & Audit Committee
      Union Center Ag Summit
       DOT says get hay off highways
       SDFB Resolutions
       Policy Backgrounders available
       Dr. Kohl and the SDFB Annual Meeting
       USDA Seeks comments on climate change-
       President Bush seeks to relax species law
       PETA wants to advertise vegan message on border fence
       New Jersey Supreme Court rules against animal rightists
       What’s Really Pumping Up Food Prices?
       2008 Women in Ag Conference
       Ag economists forecast steady cattle prices through 2009  
       World Record
       Quote of the Day
       Backgrounder:  Eminent Domain for Railroads

Upcoming events:
GOAC meeting -  August 19, Pierre
Dakota Fest -  August 19-21, Mitchell
District VII Caucus - August 22
District II Caucus - August 23
District IV Caucus - August 25
District III Caucus - August 27
South Dakota State Fair - August 28-September 1, Huron
Century Farms recognition - August 28, Huron
District V & VI Caucus - August 29
Ag Land Assessment Advisory Task Force meeting - September 8, Pierre
Highway Needs & Financing interim study - September 24-25, Pierre
Women in Ag Conference - September 26-27, Spearfish
SDFB Annual Meeting - November 21-22, Sioux Falls
National Farm-City Week - November 21-27
AFBF Annual meeting - January 11 – 14, San Antonio, TX

DakotaFest
If you are going to DakotaFest this week in Mitchell, please stop by the Farm Bureau display.  We are in the red and white hoop building on the east end of the fairgrounds.  There will be a flex-fuel GM vehicle on display, a chance to buy some YF&R rifle raffle tickets, and visit with representatives from FB Insurance. 

            On Wednesday, there will be a hearing screening service offered.  That is also the day for the “Thresher’s Lunch 2008” where, for fifty cents, you can have a meal of burger or brat, chips, relish, and a beverage.

District Caucuses
Dates have been set for the Farm Bureau District Caucuses as follows:

District II - August 23, Mitchell Pizza Ranch
District III - August 27, Watertown
District IV - August 25, Faulkton
District V and VI - August 29
District VII - August 22
Additional information will be passed along as it becomes available.

Century Farms recognition
This year’s Century Farms recognition starts at 10:30 a.m. on Thursday, August 28, at the State Fair in Huron.  Approximately 50 Century Farms will be honored this year.

Government Operations & Audit Committee
The interim Government Operations and Audit Committee is meeting tomorrow in Pierre, starting at 8:00 a.m.

            The agenda includes
*      Bureau of Finance & Management – E-rate revenue and cash balances, external financial reports, laptop program
*      Department of Transportation – audit report
*      Board of Regents – audit findings, Banner System, and SDSU Research Park
*      SD Brand Board feasibility study
*      Electrical Commission licensing issues
*      Corn Utilization Council aircraft used in ethanol research
*      Local bank accounts and money being held in trust not earning interest
*      Department of Revenue and Regulation – bank franchise/bank card taxes, streamlined sales tax
*      Video lottery machines
*      Follow-up discussion from previous meetings, including an opportunity for the Corn Utilization Council and the Brand Board to respond to questions raised earlier

The meeting will be broadcast live over the internet at http://legis.state.sd.us/interim/2008/meetings.aspx.  Click on the Pubic Broadcasting logo on the right side of the page.

Union Center Ag Summit
Congratulations to Representative Larry Rhoden, Senator Kenneth McNenny, and Representative Tom Brunner for hosting a successful “West River Ag Summit” last Saturday in Union Center.  Approximately 250 people attended, for all areas of the state.  A number of state legislators and county commissioners were there, as well as candidates for public office. 

            SDFB President Scott VanderWal participated in a panel discussion dealing with property taxes, animal identification, and Country of Origin Labeling.  Governor Mike Rounds was the final speaker of the day, and he fielded questions, mostly dealing with the brand inspection program.

            Farm Bureau was one of the event sponsors.     

D.O.T. Says Get Hay Off Highway Rights-of-Way
The South Dakota Department of Transportation is reminding farmers and ranchers that hay bales must be removed from the highway right-of-way very soon.  Regulations require that hay be taken out of the right-of-way within thirty days after it is processed or before October 1.  D.O.T. officials say removing hay bales from alongside the state’s roads is important for safety reasons.  They say the bales or stacks can be a safety hazard for vehicles that happen to end up in the ditch and also say the hay can restrict a driver’s sight distance.  If the hay is left in road ditches late in the year, it can also cause snowdrifts across the highway.

 

You are Invited ...... Threshers Lunch 2008

  When:   Wednesday August 20, 2008 - 11 a.m. to 1:30 p.m.
  Where:  Dakota Fest - Mitchell
              Farm Bureau red and white hoop building, lot #447
  Cost:     The value the farmer receives for the meal
  Menu:    Hamburger, brats, buns, chips, milk, relish
                               (until the food runs out)
 

Proceeds will be donated to the SD Farm Bureau Scholarship Foundation

The FFA Foundation will also be serving ice cream on Wednesday in the Farm Bureau building.


Link to Dakotafest Website >>
 

 

SDFB Resolutions
It’s policy development time for South Dakota Farm Bureau.  Remember – policy starts at the grassroots level, with producer-members at the county level.

The deadline for resolutions from county Farm Bureaus dealing with State and National issues will be Friday, September 26.  Please send them to:

South Dakota Farm Bureau
PO Box 1426
Huron, SD 57350

e-mail Julie@sdfdf.org  or fax 353-8057    

SDFB Resolutions Committee meeting will be held on Wednesday, October 1, 2008, at the Farm Bureau Center in Huron.  The committee is made up of one representative (county president or vice president) from each county Farm Bureau. It is very important to have all counties represented during the discussion of the resolutions sent in so all county resolutions can be represented accurately.  The meeting is chaired by Wanda Blair, South Dakota Farm Bureau Vice President.   Please make every effort to have your county represented at this important meeting.

Policy Backgrounders Available

This week, the policy backgrounder deals with Eminent Domain for Railroads.  All backgrounders are available on the SDFB website (http://sdfb.fb.org/). 

Dr. Kohl and the SDFB Annual Meeting
The 2008 SDFB Annual Meeting will begin on Friday, November 21, with a workshop by Dr. David Kohl, an ag economist from Virginia Tech.  The session will begin at 9:00 a.m.

            Also, the keynote speaker for the Saturday evening banquet during our annual meeting is V.J. Smith from Brookings, author of the book The Richest Man in Town. 

            Be watching for additional convention information in future issues … but mark your calendars now for the annual meeting, November 21-22 at the Sioux Falls Ramkota. 

USDA Seeks comments on climate change-
The Agriculture Department published a request in the Federal Register seeking public input on its “Strategic Plan for Climate Change Research, Education and Extension.” The strategic plan will guide which priority actions USDA will undertake to address climate change issues.

The draft sets four broad goals: understanding the effects of climate change on agricultural systems; developing knowledge and tools to adapt to climate change and improve resilience of these systems; developing knowledge and tools to reduce agriculture’s greenhouse gas emissions; and delivering climate change technology to agencies and stakeholders for improved decision-making.

Agriculture could be affected by climate change and climate related policy in a number of different ways. Growing seasons, cropping patterns and conditions are subject to alteration by changing climate. Additionally, producers may choose to reduce greenhouse gas emissions or sequester greenhouse gases in the soil through sequestration.

These reductions may become more important if cap and trade legislation is passed or if the United States enters into an international agreement for greenhouse gas reductions. USDA can play an important role through research and education to assist producers. This role will be defined by the strategic plan.

The deadline for submitting comments is Sept. 19. AFBF will be submitting comments. AFBF asks state Farm Bureaus to review the draft plan and provide suggestions on how USDA can best help producers address climate issues. For more information contact Rick Krause at rickk@fb.org or 202-406-3664.

President Bush seeks to relax species law
The Bush administration is proposing to reduce the environmental reviews federal agencies must undertake as part of the Endangered Species Act.

            The proposal could speed up commercial development, but environmentalists said the changes could threaten the protection of wildlife.   The draft rules also would attempt to limit the use of the Endangered Species Act as a tool for fighting climate change. They would state that agencies don't have to consult one another in cases where a project would have only an indirect effect on a threatened or endangered species. Bush administration officials described that aspect of the proposal as a way to prevent the act from becoming a "back door" for regulation of greenhouse-gas emissions

            Administration officials said the proposed changes would limit the duration of such consultations and lend greater certainty to the process. The proposals would allow agencies to terminate consultation with the Fish and Wildlife Service if it doesn't act on a request within 60 days.

            Currently, the Fish and Wildlife Service must tell agencies within 30 days of getting a consultation request whether it needs more information, but it isn't required to give agencies a formal answer on the request within a set time period. Business groups complain that the consultation process can last months or even years.

PETA wants to advertise vegan message on border fence
People for the Ethical Treatment of Animals has announced an unusual marketing pitch to the U.S. government: Rent us space on the fence for billboards warning illegal border crossers there is more to fear than the Border Patrol.

The billboards, in English and Spanish, would offer the caution: "If the Border Patrol Doesn't Get You, the Chicken and Burgers Will — Go Vegan."

New Jersey Supreme Court rules against animal rightists
In an attempt to force changes onto animal agriculture as it relates to animal rearing practices on the farm, some animal rightist groups focused their attempts on New Jersey. The issues involving gestation sows, poultry, cattle and more spent time under review within the state's legal system.

Recently, the New Jersey Supreme Court upheld several regulations that the state agriculture department had established as being humane. Among the practices in question were the use of gestation-sow crates, de-beaking, castrating animals without anesthesia and some steps to increase egg production.

The court did, however, find one routine practice objectionable -- tail docking of cattle, where a lower portion of the tail is removed. The court did rule that the department needs to do more work to evaluate and define what routine husbandry practices are if they want to keep relying on it.

"Because we find in those regulations both unworkable standards and an unacceptable delegation of authority to an ill-defined category of presumed experts, we conclude that the (state ag) department failed, in part, to carry out its mandate. We therefore conclude that some, but not all, of the regulations are invalid," wrote Justice Helen Hoens for a unanimous court.

What’s Really Pumping Up Food Prices?
According to the new web site www.TexasPriceCheck.com, the real culprit is energy prices, fueled by astronomical increases in crude costs.  The site, created by a coalition of Texas commodity groups, provides a number of facts, reports, and research statements from a wide variety of reputable sources indicating that rising energy costs have affected everything from farm production to food processing to getting food to the grocery store.  Moreover, the rising prices of commodities, while linked to growth of worldwide demand, are also affected to a great degree by energy costs.  The site also features an animated grocery conveyor belt that allows visitors to click on food items to learn the farmer’s share of the retail price for food staples, such as:

*  A $3.39 box of Wheaties contains 19 cents of wheat and putting Tiger Woods’ picture on the box adds 10 cents.
*  A $2.59 loaf of white bread contains 14 cents worth of wheat.
*  A 16.3 oz jar of peanut butter contains about 36 cents worth of peanuts
*  A can of soda includes 2 cents worth of corn sweetener.

2008 Women in Ag Conference
Spearfish Holiday Inn & Convention Center, Spearfish, South Dakota
Sept. 26 & 27, 2008

SDFB is one of the sponsors of this year’s Women in Ag conference.  The leadoff speaker for the conference is Matt DeMarco from AFBF, speaking on “Team Building/Communication.”

            More information is available at http://www.sdwia.org/

Ag economists forecast steady cattle prices through 2009  

The 2008 survey of American Agricultural Economics Association members showed they expect fairly steady cattle inventories and prices through 2009, according to University of Missouri's weekly Cattle Outlook report.

Prices forecast for Choice steers by quarter were: $96.55 per hundredweight for third quarter 2008; $100.42 per cwt for fourth quarter 2008; $100.36 per cwt for first quarter 2009; $103.16 for second quarter 2009, $98.72 per cwt and $102.72 per cwt, respectively, for third and fourth quarter of 2009.

The economists forecast beef production would be up 1.3 percent for the third quarter of 2008; down 1.8 percent for the fourth quarter; down 0.5 percent for the first quarter of 2009; down 2.5 percent for the second quarter; and the same as a year earlier in both the third and fourth quarters of 2009.

They forecast that prices for 750- to 800-pound medium frame Number One steers at Oklahoma City will average $105.13 per cwt for 2008 and $107.28 per cwt for 2009.

"Even with higher feed prices, these price levels are likely to hold the cattle herd close to current levels," University of Missouri economists Glenn Grimes and Ron Plain wrote in their weekly report. "In other words, unless we have a drought in beef cow country, the herd is not likely to reduce very fast at this price level for feeder cattle."  

PROPOSITION 2 SUPPORTERS SUE AMERICAN EGG BOARD, USDA
A group led by Farm Sanctuary and the Humane Society of the United States has filed a federal lawsuit against the American Egg Board and the Agriculture Department over what they claim is an unlawful expenditure of $3 million of Egg Board funds to campaign against Proposition 2, the California ballot initiative that addresses farm animal housing.

            The lawsuit claims the Egg Board adopted a motion at its fall meeting last year that the $3 million be held in reserve to assist opponents of Proposition 2. However, the Egg Board said this is based on an inaccurate report in a trade publication, and the board adopted no such motion.

            Its board did pass by unanimous vote a motion to hold the money in reserve "for a consumer education campaign to educate the public about current production practices." The motion does not specify any one state and does not suggest any kind of lobbying or other efforts to influence policy.

            Proposition 2 would make cage housing illegal in egg production, which, if passed, would end nearly all egg production in California.

World Record
A record setting harvest was done in 2008, in Norton, Kansas  160 acres was harvested with 100 combines and several grain trucks in 10 minutes and 15 seconds.

            This record will be entered in the Guinness Book of World Records.  Proceeds of this crop is to be sent to a kids camp.

Quote of the Day:
“I don’t know the key to success, but the key to failure is to try to please everyone.” – Bill Cosby

SDFB Policy Development

Eminent Domain for Railroads
July 2008

Issue:

The 2008 SD Legislature passed a bill clarifying a 1999 state law dealing with eminent domain for railroads.  Railroads are held to a higher standard than other entities with eminent domain authority, by having to first prove to the Governor or the Transportation Commission that any proposed railroad project is a public necessity and that the railroad has negotiated in good faith with landowners.

Other entities with eminent domain authority are not required to receive prior approval from the administrative branch of state government before exercising eminent domain.

The bill which passed corrects a loophole in the 1999 law which was used by railroad opponents to create a nonstop delay cycle in getting to the approval-granting hearing before the Transportation Commission

Background:

Eminent domain is a legal precept dating to the earliest days of our nation.  The Fifth Amendment to the U.S. Constitution requires landowners to receive “just compensation” if their private property is to be taken for a public use.  The Fourteenth Amendment contains a due process requirement, and deals specifically with a state or local governmental body, or a private body exercising delegated power, taking private property for a public purpose.

South Dakota’s Constitution declares that railways are public highways, and that all railroad and transportation companies are common carriers and subject to legislative control.  The SD Constitution also grants “any association or corporation organized for the purpose” the right to construct and operate a railroad between any points within the state and to connect at the state line with railroads in other states.

Article 17, Section 18 reads:

“Municipal and other corporations and individuals invested with the privilege of taking private property for public use shall make just compensation for property taken, injured or destroyed, by the construction or enlargement of their works, highways or improvements, which compensation shall be paid or secured before such taking, injury or destruction. The Legislature is hereby prohibited from depriving any person of an appeal from any preliminary assessment of damages against any such corporation or individuals made by viewers or otherwise; and the amount of such damages in all cases of appeal shall, on the demand of either party, be determined by a jury as in other civil cases.”

Voters rejected an attempt to repeal this section during the 1976 General Election.

SD Farm Bureau Policy:

Land Use
We believe eminent domain should be kept preciously in the hands of elected officials and not sold or assigned to private profit corporations.

Property Rights
Farm Bureau opposes the condemnation/eminent domain of land for any purpose other than highways and such public utilities that benefit the majority of the public and should not be abused for public recreational facilities or private economic development

Railroads
We support railroad upgrade projects.  A commitment of service to agriculture must be made.  Railroads must put forth their best efforts to address local concerns such as safety, noise, and adjoining landowner issues.

Questions:

1)      Since railroads are for-profit corporations, does the policy referring to a prohibition of eminent domain by “private profit corporations” conflict with the policy on property rights or the policy supporting railroad upgrade projects?

2)      What should Farm Bureau policy be with regard to privately-owned public utilities, such as railroads, utility transmission lines, and pipelines?