SDFB Leader Connection

& Legislative Newsletter

 February 22, 2008

 Upcoming events:
Agricultural Safety Awareness Week – March 2-8,
Water Quality Awareness Week – March 9-15
35^th Legislative Day – March 17
National Ag Day – March 20

 We’re down to the last week of Session.  Legislators are scheduled to work five full days next week.  Monday and Tuesday will be “regular” days, with Tuesday being the deadline for all bills to have passed both houses.  Wednesday, Thursday and Friday are reserved for conference committees.

            The big issues remaining are – you guessed it – the state budget and education funding. 

 State Budget

Members of the Appropriations Committee have commented that the state’s Christmas list for the coming year will be shorter than some would like, but it won’t be completely nonexistent, either.  The Bureau of Finance and Management predicts that South Dakota tax collections for the next two years will fall about $8.3 million short of previous projections.  The Legislature's Joint Appropriations Committee is scheduled to adopt a formal revenue projection at their Monday morning meeting. 

 Eminent Domain

SD Farm Bureau testified in House Transportation committee on Thursday morning in favor of SB174, which sets a timetable for eminent domain proceedings involving railroads.  Because of the law passed in 1999, railroads are already held to a higher standard than other entities in eminent domain issues.  Because of a lack of clarity in the law, there is an endless loop of delays by opponents of the railroad.  SB174 doesn’t lessen the eminent domain standard; it simply sets some guidelines in place to curb the delay tactics. 

Among our key points in testimony:

·         Our members, who make their living off the land, consider landowner rights of paramount importance.  We approach eminent domain issues with caution, recognizing that there is a role for eminent domain as a method of last resort.

·         SB174 maintains protections for private property owners affected by railroad expansions, it preserves a landowner’s right to appeal a condemnation award, and it provides a railroad limited access during an appeal period.

·         SB 174 ensures there is a fair and timely process for all parties interested – landowners that choose not to negotiate or accept an offer from a railroad, landowners who negotiate and accept a deal and are awaiting the final outcome on a rail project, and the railroad, which is making business decisions about whether to invest in building out its rail infrastructure

We stressed that landowners must be treated fairly, whether the issue involves expansion of a railroad, building electricity transmission lines, or constructing a highway.   SB 174 provides needed clarification for the eminent domain laws as they apply to railroads.

 Property Tax assessments:

The Governor has signed HB1005, which transitions us to a productivity-based assessment system for ag land.  This was a major issue for agriculture this year.  The Governor also signed HB1006, the accompanying bill dealing with school capital outlay, pension, and special education funds. 

 Conservation funding…and pesticide registration fees:

Negotiations are still underway to find a source of funding for soil and water conservation.  SB115 is identical to the bill the governor vetoed last year which fixes the formula for calculating how much of the unclaimed gas tax refunds should go to conservation.  At the end of session last year, the governor said he would work to find a permanent source of funding – other than the unclaimed gas tax refunds – for conservation.  However, that hasn’t happened, and thus SB115 was introduced this year.  The bill passed the Senate 20-14 and came out of House Tax yesterday on an 8-4 vote.

            A bill dealing with the biennial pesticide registration fee was amended in House Ag yesterday morning to increase the pesticide registration fees to provide increased funding for pesticide container recycling, the weed and pest fund, and the natural resources conservation fund.

The proposed fees are:

	CURRENT	PROPOSED
Pesticide regulatory fund	$42.50	$42.50
Weed and pest fund	42.50	67.50
Public lands weed & pest fund	42.50	42.50
Agricultural experiment station	30.00	30.00
Cooperative Extension Service	20.00	20.00
Pesticide recycling & disposal	0.00	40.00
Coordinated Natural Resources Conservation Fund	0.00	60.00
TOTAL	$175.00	$300.00

* The new fee for the coordinated natural resources conservation fund is temporary and will sunset July 1, 2010.

These funds are all generated by the Pesticide Registration Fee.  This fee is paid on a biennial basis by all pesticide manufacturers that must register their products in order to sell them in South Dakota.  The total fee for each product will be $300, an increase of $125 per product.

An emergency clause included as the pesticide recycling and disposal fund balance needs to be restored in order to continue the program beyond 2008.

Summary of funds receiving increases:

• Weed & Pest Fund: Utilized to control weeds through the Weed & Pest Commission in support of local weed and pest boards.  Fee increase will generate a total budget of $708,750 biennially, an additional $265,500 biennially.

 

• Pesticide Recycling and Disposal Fund: Restores funding for the program that is used to recycle pesticide containers.  It is also used to collect and properly dispose of unused and unwanted chemicals.   Fee will generate $420,000 biennially.  The money will be used to continue multiple collection sights for both urban and rural residents of South Dakota, as well as, the purchase of new equipment.

 

• Coordinated Natural Resources Conservation Fund: Conservation projects undertaken are based on applications and plans of work prepared by individual conservation districts. The projects must address one or more of the goals and objectives identified in the Coordinated Plan for Natural Resources Conservation which was adopted by the 2007 legislature.  Fee will generate $630,000 before it sunsets in 2010.

 Other issues:

SB196 started out as an environmental regulation bill for the Hyperion oil refinery.  It was amended on the floor of the Senate to repeal a restriction against state environmental rules from being more stringent than any corresponding federal law, rule, or regulation.  House Ag Committee deferred the bill to the 36^th Legislative Day on a 13-0 vote.

 A package of bills which update the grain warehouse and grain dealer statutes is nearly through the legislative process.  An amendment put on SB44 by the House Ag committee was fixed on the floor, and the bill was passed 70-0.  This deals with licensing and bonding requirements for grain dealers, and is designed to provide producer protection for those who sell directly to ethanol or soybean processing plants.

 Complete information on the 2008 Legislature is available online at: 

http://legis.state.sd.us/sessions/2008/index.aspx

 House Lobby – 773-3851

Senate Lobby – 773-3821

Lobbyist Attendant (to leave a message for Mike Held or Mary Duvall) – 224-5030

 New Anti-Animal Agriculture Book

Martha Grimes, a New York Times bestselling author, has released a new book titled ‘Dakota.’ The story, set in North Dakota, describes fictional pig farms where the animals are treated cruelly and a slaughterhouse that treats animals inhumanely. Ms. Grimes was joined in a book signing party in West Hollywood, Calif., Tuesday by Chris DeRose, president and founder of Last Chance for Animals.  Ms. Grimes is donating 50 percent of the royalties from the book to animal rights and activist groups to help combat factory farming.  According to her website at www.marthagrimes.com, Ms. Grimes is a long time supporter of animal rights groups and also an acclaimed vegetarian.  She first wrote on animal abuse in 1999 in the book titled ‘Biting the Moon.’

 "Time to schedule your annual water well checkup!"

National Groundwater Awareness Week ~ March 9-15, 2008

Just as periodic checks of furnaces and smoke detectors are recommended, so is an annual water well checkup. Spring is a good time to have this done before the peak water-use season begins. As part of its annual Ground Water Awareness Week promotion, the National Ground Water Association stresses the importance of yearly water testing and well maintenance.

Why is it a good idea to have my water well checked annually?

• An annual checkup by a licensed or certified water well contractor is the best way to ensure problem-free service and quality water.
• Preventative maintenance usually is less costly than emergency maintenance.
• Good well maintenance, like good car maintenance, can prolong the life of your well and related equipment.

Ground water is a vital national resource. Get involved!

About half the U.S. population receives its drinking water from wells! And more than 90 percent of the fresh water in the United States and around the world is ground water. Ground Water Awareness Week spotlights ground water as a valuable and renewable resource.

You can obtain more well and consumer information by going to NGWA's Web site for well owners, www.wellowner.org.

 Agricultural Safety Awareness Week

“Growing our Most Important Crop” is the theme of the 2008 Agricultural Safety Awareness Week, March 2-8.  The goal of the week, being promoted by the Farm Bureau Safety and Health Network, is to make farms and ranches safer for farmers, their family members and employees, with special emphasis on children.