Weekly Legislative Update

This was the final legislative week, and most of our focus has been fixed on Senate Bill 176–the Governor’s Public Safety Zone bill–that arrived on the legislative scene late in the session as a hoghouse of a vehicle bill “to enhance the public safety.”

The hoghoused Senate version of the bill was incredibly concerning, almost certainly unconstitutional, and a direct affront to farmers, ranchers, and tribal members concerned about pipeline construction across the state. It allowed the governor virtually unlimited powers to create “public safety zones” anywhere, of any size in the state, and to control movement of people within a mile surrounding the zones–including those who live and/or own land in those zones. Additionally, the bill contained an emergency clause, allowing it to take effect immediately, and with no recourse for voters to refer the measure to the ballot.

 

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Representative Shawn Bordeaux (D-Mission) testifies about the lack of tribal consultation and the likelihood of leaks on the proposed Keystone XL Pipeline route.

 

Tribal leaders, the American Civil Liberties Union, and Dakota Rural Action (DRA) all showed up to testify against the bill in Senate State Affairs Committee. Representatives from Governor Daugaard’s office testified that the bill was a direct response to the Dakota Access Pipeline protests in North Dakota, crafted in anticipation of protests against the Keystone XL Pipeline in South Dakota, and that NO tribes or landowners affected by the proposed KXL Pipeline had been consulted in the crafting of the bill. Despite the admission of a complete lack of communication or consultation, the bill passed Senate State Affairs 6-3 with Senators Heinert, Maher, and Sutton voting no.

On the Senate floor (and thanks to citizen outcry), the measure was unable to garner the ⅔ majority vote required of a bill with an emergency clause attached. But, the bill did have support from a simple majority, which allowed immediate reconsideration. Assistant Majority Leader Ryan Maher (who voted against the bill in committee), moved to amend (remove) the emergency clause, and the bill then passed.  Click here for vote roster.

 

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Representative Dan Kaiser (R-Aberdeen), a sergeant in the Aberdeen Police Dept., testifies that South Dakota already has statutes to deal with violent or destructive protesters, and that SB 176 is redundant and unnecessary.

 

The early Monday morning House State Affairs Committee hearing on the bill brought many of the same opponents to testify, some of whom traveled from more than an hour away. Therefore, it was a surprise that the governor’s office immediately introduced substantial amendments to the bill without having informed those affected and concerned. Because of the radical nature of the amendments, opponents were testifying nearly blind to what the bill now contained (or didn’t contain). One thing we did seize on right away was that an emergency clause had been added back onto the bill, so DRA’s testimony focused specifically on that issue. Again, the bill passed through committee, this time on a party-line vote (Representatives Bartling and Hawley voting nay).

By the time the bill emerged on the House floor the next afternoon, landowners and tribal members had had a chance to digest the contents of the new bill and were substantially less concerned, though there were still questions about the process by which this bill came to the legislature (that is, with zero consultation with affected parties) and the need for an emergency clause. A lively debate ensued, and the bill again failed to pass with the ⅔ majority needed to retain the emergency clause. On reconsideration without the clause, the bill passed with a simple majority (click here for the roster).

 

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Representative Karen Soli (D-Sioux Falls) objected to the continual vilifying of “outsiders” in proponent testimony on SB 176, noting that representatives of her ancestral people traveled from Norway to attend the Dakota Access Pipeline Protests in North Dakota.

 

Because of the differences between the House and Senate versions of the bill, and because the Senate did not concur with the House version, the bill was sent to conference committee. We were watching for the results of that committee (and what the bill would look like coming out of it) through Thursday evening. What emerged is the House (MUCH less concerning) version, but with the emergency clause tacked on yet again. Click here to see those amendments.

After being considered twice, the House passed the conference committee version of the bill, and that same version passed the Senate earlier today. We’re not ecstatic about the final version of this bill, but we are very happy with the intense pressure from citizens that took the teeth out of an initially horrifying and chilling piece of legislation.

Watch for our Legislative Wrap Up for an overview of the entire legislative session–including an analysis of the IM-22 replacement bills, hoghouse vehicles, and ag-related legislation.

Many thanks for supporting our work in Pierre this session, through your calls, e-mails, testimony, and donations! We couldn’t do it without you!

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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!

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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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ACTION ALERT: Free Speech & CUP Appeals

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HB1187–Undermining Citizens Right to Appeal CUP Decisions–House Floor TODAY

This bill, pitched as “local control friendly” actually removes the right of citizens to appeal Conditional Use Permit decisions by their local Boards of Adjustment. If you’ve ever seen a permit approved even after everyone in the community spoke against it–this bill ensures you don’t have any recourse in the courts.

CALL THE HOUSE LOBBY FROM 7:45AM-1PM TODAY AND LEAVE A MESSAGE FOR YOUR REPRESENTATIVES. Tell them “NO” on 1187–local control means citizens should retain full rights to appeal CUP decisions.

House Lobby: (605) 773-3851

SB176–Undermines Free Speech–Senate Floor TODAY

This last-minute hoghouse bill gives the governor the power to declare a “public safety zone” anywhere in the state with NO parameters on size or location (it could be your own land!)–and creates a new, “aggravated criminal trespass” charge for those who enter that zone. It is SPECIFICALLY targeted against Native people, landowners, and others who protest pipelines and eminent domain for private gain, and it is an attack on the First Amendment right to Freedom of Speech.

CALL THE SENATE LOBBY FROM 7:45AM-1PM TODAY AND LEAVE A MESSAGE FOR YOUR SENATORS. Tell them this bill is a direct affront to Freedom of Speech, is Unconstitutional, and should be killed.

Senate Lobby: (605) 773-3821

It is especially important that you CALL today rather than e-mail because these bills are moving fast, and e-mails may not get read in time!

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