Friday,  February 8, 2013 • Vol. 13--No. 204 • 8 of 43 •  Other Editions

Dennert's Weekly Column

• We have now completed the fifth week of the 2013 legislative session and the days get longer as we approach cross over day, which is when all bills must be out of their house of origin. In the House Agriculture and House Transportation Committees on which I serve, we have been seeing an increase number of bills to review. As a farmer and rancher myself, I know the importance of agriculture and how the state legislature can impact what happens on our famers and ranches through decisions made in Pierre. I thought I would focus on several of these ag-related bills in this week's article.
• A bill which is getting a lot of attention from the agriculture community is SB179. This proposed law would provide for a uniform county drainage permit application form and remove the maximum limit for drainage permit fees. The Senate Local Government Committee started taking testimony on Wed. Feb. 6 and

Rep.
Dennis Feickert

will continue next Wednesday on Feb. 13. Several agriculture groups are opposed to SB 179 as it could greatly increase the cost of putting tile in the field by requiring more involvement from engineers and eliminating the current $100 limit on the filing fee.  With rising input costs for farm families, this bill is dangerous territory to be crossing.
• When does private land become a public waterway? When the private land is flooded? When the "No Trespassing! Private Property" signs are under water or under ice? Such are the questions of property rights vs. public use of recreational waters which have become increasingly difficult problems, especially in northeast South Dakota. These questions are especially why I was a co-sponsor of HB1135 brought before the House Agriculture and Natural Resources Committee on Thursday, Feb. 6. This is a committee on which I serve. In addition to trespassing when meandering waters cover private property and make it hard to "post" there is also the question of liability. Who is responsible if an ice fisherman falls through the ice on private property? This and many other aspects of the bill were discussed before the House Agriculture Committee where HB1135 passed by a 12-1 vote.  It will now be heard on the House floor.
Another bill I'm following is SB155 which was recently referred to Appropriations. This bill would establish a fund in the amount of 5 million whereby counties could apply to the Department of Transportation for road improvement in order to accommodate new agricultural facilities. In my 20 years serving as a County Commissioner, I saw the conflict that often arose from those who wanted to expand agriculture facilities and the county government which had to maintain the infrastructure necessary for modern agriculture. Still, it's a lot of money and there are many pressures for revenues to be spent from the General Fund. I'll keep you informed as this and other pertinent legislation moves forward.

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