FOR WEEK ENDING JANUARY 15TH, 2010.

Welcome to your inside look at South Dakota’s 85th Legislative Session!

Session is off to a roaring start in the first week with 130 bills introduced for consideration by various committees. However, all this has so far taken a back seat to the many meetings and caucuses about balancing the budget. Even with these struggles in the legislature we have seen promising headway with some of our priority bills.

DRA Priority Bill to Pass: Value Added Foods Bill

The value added foods bill, which DRA’s statewide Small Farms Committee has been working on in coordination with the Health Department, has been the most promising so far. Even though the bill’s language is still being drafted many legislators seem very interested and excited about the bill’s general purpose.

The bill, when finalized, will clarify some of the rules and regulations concerning local producers ability to sell shelf-stable, value-added foods (like jams, jellies, baked goods and anything without an added pH) at farmers markets and roadside stands without using a commercial kitchen. This bill is very similar to what every other state bordering South Dakota already has on the books.

Representative Sly (Dist. 33) has been involved from the beginning with this campaign, and she will be the lead sponsor in the House. Rep. Sly has already spoken to a number of different legislators concerning this bill. Legislators who DRA has spoken with and who have expressed their interest and/or support are: Rep. Pitts, the Chair of the Health and Human Services Committee; Rep. Blake, Rep. Kopp and Senators Howie (Vice-Chair of the Agriculture and Natural Resources Committee), Miles, Schmidt and Maher.

DRA Priority Bill to Pass: Crude Oil Pipeline Spill Compensation Fund

Another bill DRA has drafted concerns large interstate crude oil pipelines. This bill would incur two cents per barrel fee on any crude oil company transporting more than 10,000 barrels a day through South Dakota. The funds collected will be sent to a state-treasury crude oil pipeline compensation fund to provide reimbursement of any corrective action in excess of $10,000 if a crude oil spill may occur.

In the past, this bill has had trouble getting out of the State Affairs Committee. Unfortunately, many of the State Affair Committee members have been heavily involved with the talks concerning the budget this last week; thereby making it very difficult to meet with them about the Pipeline Fee Bill.

Senator Maher (Dist. 28) will be the lead sponsor in the Senate. In addition legislators that have expressed their interest and/or support are: Sen. Abdallah, Sen. Heidepriem, Sen. Peterson and Representative Street. As the session moves forward and this bill is introduced in the Senate, more legislators will hopefully sign on.

DRA Priority Bill to Amend or Defeat: HB 1057 Raw Milk Bill

The last major priority bill that has unexpectedly been introduced is the Agriculture Department’s Raw Milk Bill, HB 1057. Recently the Dept. attempted to pass new rules requiring raw milk producers to purchase, and use, very expensive bottling equipment which would have forced many local producers to go out of business. Due to the large opposition to those rules the Dept revoked the proposed new rules.

However at the beginning of the session the Dept submitted HB 1057, which again tried to restrict the selling of raw milk, by placing undue burdens on producers. All of the details of the bill are still not totally clear, but it will require all raw milk producers to be inspected and apply for a permit. It also will restrict the selling of raw milk only on the producer’s property.

HB 1057 has been referred to the House Agriculture and Natural Resources Committee. Rep. Thomas Brunner (Dist. 29) is the chair of the committee and has explicitly expressed his opposition to this bill, and as Chair he has a lot of power over the future outcome of HB 1057 and could potentially kill the bill. However, in order to avoid further issues surrounding the Ag Dept and Raw Milk rules, he is proposing to amend the bill to make it positive for raw milk producers. Rep. Brunner will not be bringing HB 1057 to committee in the foreseeable future, giving time to draft new amendment language.

Thank you for all your support and hard work. Remember, I am available to DRA members who would like to come out and lobby on DRA’s behalf. Call the office to set up a date to come out to Pierre, and we can help you plan your trip.

In Pierre,

Luke Temple, DRA Staff


Questions or comments, you can contact Luke in Pierre on the phone 605-697-5204 or via email at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

If you haven’t donated to Dakota Rural Action’s Legislative Fund, please consider supporting our work, and send your contribution to PO Box 549, Brookings, SD 57006.