DRA Weekly Legislative Update

There’s a lot on our plates for next week–and this weekend is a good time for you to get in touch with your legislators at Cracker Barrels and Coffees or down at the local cafe!

CAFO, Water Use Permit, and Aerial Applicator Bills Scheduled Next Week!

At LEAST four bills we’re watching are scheduled in committee next Tuesday the 6th, and we’ve got ONE lobbyist. If you’re thinking of making a trip to Pierre to testify, you’ve got your “pick of the litter” on which bill to choose from.

Let Rebecca know you’re coming (rebeccat@dakotarural.org) and we’ll coordinate testimony.

• Requiring Notice & Hearing for Temporary Water Use Permits (HB 1225) will be heard in House Ag, Room 464, at 7:45am
• Manure Pipes in Ditches (HB 1184)–a huge breach of private property rights–in House Transportation, Room 413, at 10:00am
• A bill to require certain reports in the event of an oil spill (SB 163) is scheduled in Senate Commerce & Energy, Room 423, at 10:00am
• New Rules for Aerial Applicators–Senate Bill 179 seeks to remedy a stunning lack of regulations regarding the aerial application of pesticides. It will be heard in Senate Ag Committee, Room 412, at 10:00am

A few of the members attending DRA’s Lobby Days listening in committee

Buffer Bill Win This Week!

We saw a win this week on expansion of the Buffer Bill program (HB 1119) to allow counties to add waterways to the program. This bill was deferred from its initial hearing in order to amend the language so that counties must add the waterways by resolution, which creates an avenue for citizen appeal of those decisions. It passed House Local Government Committee and a unanimous vote, and was placed on the consent calendar for passage on the House floor.

Property Assessed Clean Energy (PACE) Bill Sponsored!

DRA’s Community Energy Development (CED) Committee has worked hard to bring a solid piece of legislation to the 2018 session. We have that in House Bill 1301, which has been assigned to the House Commerce & Energy Committee (but not scheduled as of this writing).

Property Assessed Clean Energy is a program utilized by several states to finance the cost of energy efficiency and renewable energy projects on commercial properties, utilizing capital from local banks and investors and local workers to complete the projects. The property owner pays back the PACE financing as an assessment on the property. For more information on the program, visit https://www.sd-pace.org/.

Initiative & Referendum Attacks Keep Piling On

It’s clear that we’re past any pretense that this tidal wave of bills is designed to improve the process of direct democracy. Clearly, it’s about making the process more difficult, time-consuming, and unwieldy for citizens exercising their constitutional right to initiative and referendum.

HB 1196 requires petition circulators to submit information on (among other things) their last three residential addresses, what town their library card is from, where their immediate family lives, and whether their cell phone has a (605) area code. The bill passed out of committee, but with Reps. Hawley, Bartling, Lust, and Rhoden voting “no.” Representative Lust in his remarks called the bill a “terrible overreach,” a “litigator’s dream,” and “way off the rails.” Contact your Representatives because this will move to the House floor next week.

HB 1177 as initially drafted would have required all petition circulators to provide their home address to all those who asked for it. This presented serious safety and privacy issues. It was amended to remove the residential address, though two committee members opposed that change. It passed out of committee and will go to the full House.

Newly-filed House Bill 1275 is another bad idea that has risen from the grave of last session. It changes initiated measure petition circulation requirements from not less than 5% of qualified electors in the state to not less than 5% of electors in ⅔ of senate districts. While in some cases, this might cause the overall required number of signatures to go down, the logistical nightmare of accounting for each district creates a greater burden than current statute.

HB 1275 further requires that any petition circulator must have resided in the specific senate district they’re gathering signatures in for not less than ninety days. Minnehaha County alone contains parts of eight senate districts. Pennington County has five, and the cities of Brookings, Watertown, and Aberdeen are in separate districts from their surrounding counties. If this were made law, a circulator could break it simply by crossing the wrong street.

That’s not the last of a long list of bills undermining the initiative and referendum process. You can contact us for a full list and read through all the details, but what matters most is to send a clear message to legislators to Stop Undermining the People’s Process!

DRA Lobby Days 2018!

Nearly twenty members showed up for DRA’s Lobby Days on Monday and Tuesday of this week. Our pre-lobby day social at Mad Mary’s featured an overview of issues and bills we’re working on, followed by a visit by District 26 Senator Troy Heinert to give us the “lay of the land” this legislative session.

We reconvened the next morning at 7:15am and headed up to the House and Senate floors, talking to elected officials about the issues that matter to our members, and later went up to committee hearings, where our presence caused at least one bill to be tabled when the bill’s sponsor realized his pitch was likely destined for failure!

Our Property Assessed Clean Energy (PACE) conversation was held in the Capitol Cafeteria over lunch, and several legislators took the time to talk with Community Energy Development Committee and other members about our issues and our bill. Those discussions ultimately led to our finding the sponsorship we were seeking. At the same time, the Braveheart Society’s Solar Power Trailer was parked in front of the Capitol, and legislators and others (including PUC Commissioner Chris Nelson) received a guided tour.

It was a great time and a great learning experience for all members and staff who attended! If you weren’t there, make sure to put it on your “To-Do” list for next year!

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Weekly Legislative Update

Weekly Legislative Update

It has been a tough battle in Pierre this week. We have had some wins, but there have also been some last minute losses. Next week is the last week of session, though, and there is a very concerning bill coming up in committee Monday morning which is imperative to defeat either in committee (preferable) or on the House floor. Read about it below.

ALERT: SB176 Hearing in House State Affairs Early Monday Morning!

SB176 is the Governor’s “Public Safety Zone” bill–a piece of legislation enabling the governor to create a “public safety zone” of ANY size ANYWHERE in the state (including on private property) in order to control the movement of people in and out of that zone. Additionally, it creates a new crime–that of “aggravated criminal trespass” for those who enter the zone unauthorized–a charge that comes with an automatic, non-suspendable 10-day jail sentence if convicted. If they do it more than once (or they have been convicted of trespass in the previous two years anywhere in the country), the charge is immediately increased to a felony.

The bill was developed in collusion with North Dakota’s administration following the Dakota Access Pipeline protests. It is specifically targeted against farmers, landowners, and tribal members who may protest the future installation of pipelines (including Keystone XL)–even on their own land–though with these kind of unlimited powers to violate First Amendment rights, anyone who challenges the use of eminent domain for private gain or any other administration policy could be targeted. We already have laws to deal with protesters who turn violent or destructive; creating a new charge of “aggravated criminal trespass” is simply a way to chill freedom of speech and assembly and further cripple private property rights in the state.

This is not just a bad bill, it is an unconstitutional and deeply disturbing bill. Contact members of the House State Affairs Committee THIS WEEKEND, and ALSO contact your Representatives individually (in case it gets through committee) to tell them to deny this unconstitutional over-reach of executive power. If you have a legislative coffee or cracker barrel in your district this weekend, talk to them in person!

Senate Democratic Caucus supporting a floor amendment to require TransCanada to pay into the Federal Oil Spill Liability Trust Fund.

The Good, Bad, and Ugly of this Week at the Capitol

SB 66 The Governor’s bill to establish a tax incentive for planting of riparian buffer strips passed its last hurdle on the House floor and will be signed into law.

HB 1130 This was a bad bill to establish a series of hearings and public comment period for ballot initiatives (though with no actual process for revisions)–basically just inserting the legislature into a process where they don’t belong. It was amended in committee to remove a thirty-day delay of petitioners’ ability to gather signatures, but that delay was added back in later in the process! However, the bill was soundly defeated on the Senate floor.

HB 1071 This bill requires the legislature’s approval to store or process high-level nuclear waste in the state. Previously, the governor was the sole decision-maker on this issue. The bill passed unanimously on the Senate floor.

SCR 13 resolved, “To require the payment into the federal oil spill liability trust fund for the Keystone One Pipeline and the Keystone XL Pipeline and to recognize dilbit as oil.” The resolution, brought by Senators Frerichs (D-Wilmot) and Kennedy (D-Yankton) was tabled in committee; however, Senator Frerichs attempted to bring it back as an amendment to another, pro-KXL construction resolution (HCR1013) on the Senate floor. The move was unsuccessful, but it was greatly appreciated by those who think TransCanada should participate in a fund to help clean up their potential messes.

SB 59–This bill delays the effective date for initiated measures and referred laws until July 1st. An amendment brought in House State Affairs Committee by House Minority Leader Spencer Hawley would have prevented legislators from repealing any voter-initiated measure with an emergency clause (as happened with IM22) was discussed and supported by many members. However, after the bill was deferred NINE times in the House, that support dwindled and the bill passed un-amended.

SB 154–A bill encouraging the State Department of Transportation to use native vegetation on rest stop remodeling projects in the state. Here is one where more education for our legislators is definitely in order. It died on the House floor amid concerns of “weediness” and the misperception that native vegetation is more attractive to rattlesnakes.

HB 1204–The Industrial Hemp Pilot Program bill made it through the House side with flying colors (and a ⅔ votes on the floor) only to be killed in Senate Ag & Natural Resources Committee after SD Department of Agriculture officials cast doubt on states’ ability to continue such pilot programs with so much uncertainty coming from the new federal administration.

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Weekly Legislative Update

Dakota Rural Action Weekly Legislative Update

We’re closing in on the final stretch of session, which means it’s more important than ever to pay attention to what’s happening in Pierre. “Shell” bills that were previously empty of content are being filled with potentially concerning legislation, and bad bills introduced at the last minute are being scheduled in rapid succession. Please do not hesitate to call or e-mail your legislators to voice your concerns. Remember, they work for you!

If you are interested in coming to the Capitol to testify–even if you have never done so before–please feel free to contact me. Dakota Rural Action is a member-led organization, and our staff is ready and willing to help with logistics of developing testimony, finding your committee meeting room, and even securing accommodations for an overnight stay if needed. Your voice is needed now more than ever.

Best,

Rebecca Terk
DRA Lobbyist in Pierre
(605) 697-5204 x260

DRA members Kathy Tyler (right) and Kristi Mogen traveled to Pierre this week to testify against HB 1187, which undermines citizens’ right to appeal Conditional Use Permit (CUP) decisions by local Boards of Adjustment.

DANGER! HB 1187 HAS ALREADY PASSED THROUGH ITS FIRST COMMITTEE

This bill is an attempt to undermine citizens’ right to appeal a Conditional Use Permit decision by their local Board of Adjustment. This should be especially concerning to those fighting CAFO expansions in their communities. It is being pitched by sponsor Rep. Jason Kettwig (R-Milbank) as a “local control” friendly bill because it keeps virtually ALL authority to make final CUP decisions with Boards of Adjustment–and CUTS OUT virtually all pathways to appeal by citizens.

Yesterday in House Local Government Committee, Dakota Rural Action member and former State Legislator Kathy Tyler testified that “Citizens want a voice in how their neighborhoods are run; this bill puts the final nail in the coffin of that voice.” Also testifying in opposition were DRA member Kristi Mogen and lobbyist Rebecca Terk. Nevertheless, the bill passed out of committee on a party-line vote. WE NEED MANY MORE VOICES OPPOSING THIS BILL.

SB 135—SD Stockgrowers’ Country of Origin Labeling (COOL) bill for beef passed Senate State Affairs with strong proponent testimony from producers, Dakota Rural Action, Farmers Union, SD Stockgrowers, and others. The bill was amended in committee to reduce the penalty for a retailer’s non-compliance from a Class 2 misdemeanor to a petty offense.

SD Stockgrowers Executive Director (and former DRA lobbyist!) Silvia Christen chats with producers following passage of SB 135–the Country of Origin Labeling bill–through Senate State Affairs Committee on Wednesday.

HB 1204 This bill allows for the set-up of a pilot program for the production and sale of industrial hemp along the lines of a similar program set up in North Dakota last year. Proponent testimony was given by the sponsor, Rep. Liz May (R-Kyle) and Dakota Rural Action. Opponents included Law Enforcement, the Sheriff’s Association, and the Department of Agriculture, which would be responsible for running the program. Despite that opposition, House Agriculture and Natural Resources Committee members, noting the current price of corn and the need for more diverse commodity opportunities, supported the bill on a 9-2 vote and sent it to the House floor for what is likely to be a lively discussion there.

Dakota Rural Action has been following and supporting the Riparian Buffer Strip Incentive Program Bill (SB 66) as it makes its way through the process. It has already passed through the Senate Ag Committee and the Senate floor, and yesterday passed the House Taxation Committee on its way to its final vote on the House floor, where it is likely to succeed and be signed into law.

SB 136—The Certified Professional Midwife licensure bill brought by SD Birth Matters. Because it sets up a new board and licensing process, it needed ⅔ vote–which it got on the Senate floor this week. Now it goes to the House Health & Human Services Committee, but is not yet scheduled as of Friday. 2/17.

SB 114 is the Spearfish Canyon Land Swap bill that comes with a $2.5 million pricetag for the acquisition of lands from the U.S. Forest Service as well as an emergency clause that prohibits referral by voters. This bill was strongly opposed by Black Hills residents, and by DRA’s Black Hills Chapter. It was tabled in Joint Appropriations this week and by all reports is unlikely to be brought back this session.

SB 176 started out as a “shell” or empty bill entitled, ”Accommodate Legislation Relating to the Protection of Public Safety.” An article posted late yesterday in the Argus Leader has alerted us to an amendment proving that this is a move to enhance the governor’s powers to declare a “public safety zone” during protests wherein protesters could be charged with a Class 1 misdemeanor if they cross into the created “public safety zone”–and is specifically targeted against the potential for protests against the KXL pipeline. It will be heard on Wednesday in Senate State Affairs.

HB 1188–Another shell bill about accommodating “legislation to promote agricultural development.” Based on the sponsors, this bill is also concerning. We are watching it, and it will be heard in House Appropriations on Tuesday.

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Legislative Update

Headway on Ballot Measure Bills

We are making headway against the many bills chipping away at citizen tools for direct democracy. Between your calls and emails and the testimony of Dakota Rural Action members and allies, legislators are feeling the heat. Don’t let up! We’re at the halfway point of session now!

SB59 A bill to delay the effective date of ballot measures until July 1 of the following year. Recognizing that the bill was unlikely to be killed outright, DRA lobbied to have the date moved back to January 1st after an attempted amendment to that effect by Minority Leader Billie Sutton on the Senate side. In House State Affairs, Minority Leader Hawley proposed instead an amendment to leave the date July 1, but include language that no initiated measure could be repealed with the use of an emergency clause (which denies the voters right to refer) before that date. The amendment was favorably received by committee members, but the language needed more work, so it should be coming to the House floor next week.

HB1074 This is a bill to cap out of state contributions to ballot question committees to 75% of the total. DRA was prepared to testify against, but because the line of opponent testimony ran out the hearing time, the bill was re-scheduled to next week (2/13) in House State Affairs.

HB1153 Was killed in committee. This was a bill that required no less than 50% of an initiated measure’s petition signatures come from no fewer than thirty-three counties (and with a separate signature sheet for each county).

HB1130 This bill proposed a thirty-day delay in the gathering of petition signatures for initiated measures and constitutional amendments while a public comment period was opened on the secretary of state’s website. The bill was amended in committee to remove the thirty-day waiting period for signature-gathering, but it still requires an unnecessary public comment-plus-hearing process that stands to undermine petitioners’ efforts.

Passed on the Senate Floor

SB66–riparian buffer strip incentive program bill and SB154–bill encouraging the use of native vegetation during state rest area remodels.

On Our Watchlist

House Bills 1187 & 1188: These are the “other shoes” we’ve been waiting to see drop. The first “revise[s] the process by which courts consider appeals of decisions regarding conditional use requests.” The second is titled simply, “Accommodate legislation to promote agricultural development.” Neither is scheduled for a hearing yet, but we are watching closely because we think it’s likely there will be an attempt to slip them through quickly.

HB1141: This bill proposes a legislative task force for considering further proposed changes to the initiative and referendum process in South Dakota. It’s scheduled in House State Affairs Monday morning.

SB158: A bill imposing tariffs on crude oil pipelines constructed in the state if they are built using foreign steel. The tariff would create a pipeline spill clean-up fund. Scheduled in Senate Taxation Monday.

SB135: “Revise certain meat labelling requirements” aka the Country of Origin Labelling (COOL) bill from SD Stockgrowers. It has bipartisan support, and states in part that, “All beef and ground beef sold for retail sale within the state, except prepared foods for immediate sale or ready to eat, shall bear a label of country of origin.” We are hearing that this bill will come up in Senate State Affairs on Wednesday, Feb. 15 at 10am, and we’d LOVE to have some members come and testify in support! Let us know if you can join us there.

HB1204: Authorizes the production and sale of industrial hemp. Also not yet scheduled.

We’ll keep you posted about any fast-moving developments.

Watch for Action Alerts in your e-mail box!

Legislative Update

IM 22 Repealed

Senator Troy Heinert (D-Mission) stands in opposition to the repeal.

Despite hundreds of calls and e-mails, a packed Senate Gallery, and even a “Shame On You! Respect Our Vote!” banner flying over the Capitol building, HB 1069, a repeal of the voter-approved anti-corruption passed on the Senate floor. Voting against the repeal were Democratic Senators Sutton, Heinert, Frerichs, Kennedy, Killer, and Nesiba, along with Republican Senators Nelson and Russell.

The Senate Gallery fills up with citizens for the IM22 repeal vote, many wearing yellow shirts emblazoned with, “Respect Our Vote!”

SB67 Withdrawn

Thanks to massive citizen outcry, SB 67, a measure to dramatically increase the number of signatures needed to place a constitutional amendment on the ballot, was withdrawn by its sponsor (Jeff Partridge R-Rapid City). DRA members, lobbyist, and many other citizens and groups were on hand to testify, but thankfully this was one battle we didn’t have to fight.

SB 66 Governor’s Buffer Bill

The bill to establish an incentive program for riparian buffer strips passed out of committee on a unanimous vote Thursday morning. Several farm and conservation groups (including DRA) testified in support of the bill, with some comments on possible future changes. There was no opposing testimony, though there was an amendment by Senators Klumb and Frerichs to reduce the minimum mowing height to 4” from 6”.

COOL Legislation & Midwife Bill

South Dakota Stockgrowers Country of Origin Labeling bill (SB135) is out, though not yet scheduled for committee. Read the bill here, and let us know if you have questions or might be interested in testifying when it is scheduled.

Also of interest to our members, SB136, allowing for the licensure of Certified Professional Midwives, has been referred to Senate Health & Human Service Committee.

 

Legislative Update

The Fight for IM 22

This week brought intense committee hearings on HB 1069, a total repeal of Initiated Measure 22–the anti-corruption and government accountability measure, approved by voters last fall. It contains an emergency clause, making it exempt from referral by voters.

The bill was filed last Friday, and the Republican super-majority seemed determined to rush it through committee and pass it into law by the end of the week. While the measure did pass the House, the intensity of calls and e-mails from citizens coupled with unflattering media attention both in state and nationally resulted in the Senate’s vote being deferred until next Wednesday. The new “spin” you may hear by supporters of HB 1069 this weekend is to suggest that without its passage, the state is in a kind of legal vacuum in regard to campaign finance law. That’s simply untrue: Judge Barnett’s injunction on IM 22 (resulting from Republican legislators’ lawsuit against it) means that we are operating on old law as the case makes it way through the courts. Once again, there is NO emergency. This bill should be killed, or at the very least, the emergency clause should be removed.

Your voice DOES make a difference!  Keep up the calls and e-mails, and with a four-day recess this weekend, it’s an excellent opportunity to talk to your legislators in person as well.

The Next Attack on Direct Democracy

SB 67, which was scheduled for hearing last Wednesday, was deferred for another week due to the large amount of testimony on HB 1069. This bill dramatically increases the number of signatures needed to place a constitutional amendment on the ballot, and contains an emergency clause barring voter referral. Once again, this is NOT an emergency.

While it may seem like a good thing to make it harder to change the constitution, South Dakotans have shown great restraint about doing so at the ballot box. Changing the number of required signatures from 10% of the gubernatorial voters in the last election to 10% of registered voters in the entire state (an increase of nearly 88% using last election’s figures) raises the bar to the point where only those well-funded groups (e.g. payday lenders) who can afford to hire petition circulators are likely to have a chance to get an amendment on the ballot.

Not Too Late!

SB 59 in its original form would have allowed the governor to veto initiated measures passed by voters. That most egregious piece was amended out by the sponsor thanks to backlash by citizens even before it landed in committee. However, the first section of the bill, which delays the effective date of initiated measures to July 1 of the following year, did pass the Senate, and has been referred to House State Affairs.

The argument by supporters is that because initiated measures go into effect almost immediately after the election, state government needs more time to plan for what changes they bring. The problem is that such a lengthy delay tempts legislators to tinker with voter-approved measures before they are engrossed. Senate Minority Leader Billie Sutton offered an amendment to move back the effective date to January 1st, but it was rejected.  This measure does NOT contain an emergency clause YET.

And So Much More…

Black Hills Chapter members strongly oppose the Governor’s Spearfish Canyon/Bismark Lake land swap. SB 114 is a $2.5 million appropriation to swap state-owned grasslands for U.S. Forest Service property in the Hills for the purpose of creating a new state park, and the administration is pushing it hard, despite budget constraints.. Yesterday, Governor Daugaard announced that, if approved, there would be no entry fee for the new park, which he said was the bulk of citizen complaints. SB 114 has been referred to the Joint Committee on Appropriations.

The Governor’s anticipated Buffer Bill (SB 66) is out. While it’s a first, tentative step toward watershed protection by tax adjustments on buffer strips, it’s a small one. That said, most conservation groups agree that it should be supported.

Several bills bringing back extensively revised pieces of the anti-corruption and government accountability act (IM 22) have also been filed. It’s hard to determine how to approach those until the HB 1069 debate concludes.

Good news: SD Stockgrowers has again introduced SB 135, Country Of Origin Labeling (COOL) legislation for beef, with a good number of sponsors on both sides of the aisle. It has not yet been scheduled for a hearing.

Legislative Cracker Barrels This Weekend:

Mitchell–TODAY–Fri. Jan 27, noon, City Council Chambers

Spearfish–Sat. Jan. 28, 9am, High Plains Western Heritage Center

Brandon- Sat. Jan. 28, 9am, Legislative Coffee with District 10 & 25

Brookings–Sat. Jan. 28, 9am, City-County Government Building

Vermillion–Sat. Jan. 28, 9am, City Hall

If you know of any other Cracker Barrels this weekend, please let us know.

Thanks for all the calls and e-mails you’ve made and thanks for the good work you do!
Rebecca Terk, DRA Lobbyist