South Dakota 2022 Regular Session

South Dakota Senate Bill SB35

Introduced
1/11/22  
Refer
1/11/22  
Report Pass
1/13/22  
Engrossed
1/18/22  
Refer
1/19/22  
Report Pass
1/27/22  
Enrolled
1/31/22  

Caption

Increase penalties for actions related to grain transactions.

Impact

The enactment of SB 35 would likely lead to an increase in due diligence among grain warehouse operators and buyers, emphasizing compliance with licensing requirements and financial standards stipulated by the commission. The bill strengthens the enforcement capabilities of the commission by allowing civil fines for non-compliance to reach up to $50,000 for unlicensed operations, encouraging grain operators to adhere strictly to the law to avoid significant financial penalties. This regulatory tightening is intended to protect grain depositors and ensure fair practices in grain transactions.

Summary

Senate Bill 35, titled 'An Act to increase penalties for actions related to grain transactions', was introduced to amend existing regulations surrounding public grain warehouses and grain buyers in South Dakota. The legislation aims to introduce stricter penalties for violations related to the licensing and operation of grain transactions. Notably, it categorizes willful violations that lead to financial losses for grain depositors as Class 6 felonies, while similar actions without financial loss are treated as Class 1 misdemeanors. This changes the landscape of regulatory compliance within the grain industry in South Dakota, holding operators accountable at a higher level than before.

Sentiment

The sentiment surrounding SB 35 seems to reflect a general agreement on the need for increased accountability in the grain industry among legislators, evidenced by its strong passage in the votes (63 yeas to 1 nay). Supporters highlight the necessity of protecting grain depositors and ensuring compliance within the industry. Conversely, there may be concerns regarding the burden placed on smaller operations that may struggle to meet the heightened regulatory standards and costs associated with compliance.

Contention

Although the bill received overwhelming support, some contention may arise from its potential impact on small grain operators who might face challenges due to increased regulatory scrutiny and penalties. The differentiation between felonies and misdemeanors based on financial outcomes could be viewed as disproportionate by some stakeholders within the industry. Critics could argue that while the intentions of improving compliance and protecting depositors are valid, the implementation of such stringent penalties may create barriers to entry or operational risks for smaller businesses within the agricultural sector.

Companion Bills

No companion bills found.

Previously Filed As

SD S0298

Increases penalties for a variety of motor vehicle offenses.

SD H8482

Increases penalties for a variety of motor vehicle offenses.

SD S2402

Increases penalties for a variety of motor vehicle offenses.

SD SB57

AN ACT relating to funding health care services from increased penalties for speeding violations.

SD A07610

Enacts the "utility penalty adjustment"; adjusts utility penalties to account for inflation; increases such penalties and ties them to inflation after January 1, 2027.

SD HB41

Gambling offenses; revised to increase penalties for violations

SD SB2510

Gaming; include online, interactive and computerized versions thereof, increase penalties, and authorize forfeiture.

SD HSB745

A bill for an act regulating the marketing of grain, and making penalties applicable.(See HF 2596.)

SD HB297

Cash transactions; report certain cash transactions to Alabama Securities Commission required

SD S0059

Increased Penalties for Driving Without a License

Similar Bills

IN SB0461

Grain indemnity.

ID H0276

Amends existing law to revise provisions regarding brewers' licenses.

HI HR175

Urging All County Planning And Permitting Agencies To Deny All Permit Applications Related To The Construction, Expansion, Or Use Of Warehouses By United States Immigration And Customs Enforcement For The Purpose Of Detaining Individuals Facing Deportation.

HI HCR185

Urging All County Planning And Permitting Agencies To Deny All Permit Applications Related To The Construction, Expansion, Or Use Of Warehouses By United States Immigration And Customs Enforcement For The Purpose Of Detaining Individuals Facing Deportation.

MS SB2631

The Mississippi Grain Indemnity Act; establish.

CT HB06907

An Act Concerning The Use Of Quotas By Warehouse Distribution Centers.

CT SB01254

An Act Establishing Additional Protections For Warehouse Workers.

MS HB1647

Mississippi Grain Indemnity Act; enact.