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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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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ACTION ALERT: “Public Safety” Bill Makes Protesters Felons

“Public Safety” Bill Gives Governor War Powers; Makes Protesters Felons

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SB 176 started out as a “shell” or empty bill entitled, ”Accommodate Legislation Relating to the Protection of Public Safety.” It has become a bill giving the governor enhanced powers when dealing with protests.

This desecration of the people’s First Amendment right to peaceably assemble will be heard in Senate State Affairs Committee this Wednesday, Feb. 22 at 10am in Room 414 at the Capitol. We urge members and others to show up and pack the meeting room to testify against this chilling bill.

An article posted in the Argus Leader 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 “aggravated criminal trespass”–a Class 1 misdemeanor–and is specifically targeted against the potential for protests against the KXL pipeline. If that protester has already been charged for trespass within the last two years–even in another state–the charge automatically increases to a Class 6 FELONY.

Another good description of the potential effects of this bill can be found on the Dakota Free Press blog (click here).

If you can’t come–contact members of the Senate State Affairs Committee and urge them to vote NO on this bad bill.

Senate State Affairs Committee

(click on the name to see contact information)

Bolin, Jim

Curd, R. Blake

Ewing, Bob (Chair)

Heinert, Troy

Langer, Kris

Maher, Ryan

Netherton, Jenna (Vice Chair)

Novstrup, Al

Sutton, Billie

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

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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 135SD 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.

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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 136The 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.

Thank you for your support during this legislative session.
Our ability to keep a full-time lobbyist in Pierre is 100% funded by member donations.
Please consider making a contribution to our legislative fund today!

HCR 1006 – Approve Keystone XL Pipeline?

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The South Dakota House of Representatives voted on an interesting resolution this afternoon. House Concurrent Resolution 1006 petitions President Obama to approve the proposed Keystone XL pipeline. The resolution itself talks about job creation and decreasing our dependency on oil, and proponent speeches made on the House floor referenced Nebraska’s recent approval of the new route.

Despite disputed job creation impacts and the lack of evidence that the pipeline will do anything at all to shore up domestic supplies of oil (the answer to this depends on whether the person you are talking to is for or against the pipeline), and despite the lack of emergency response capacity and adequate bonding for the pipeline in South Dakota, 57 legislators voted for this resolution. Only 11 voted against it:

Rep. Steve Hickey
Rep. Mark Feinstein
Rep. Dean Schrempp
Rep. Scott Parsley
Rep. Peggy Gibson
Rep. Kevin Killer
Rep. Paula Hawks
Rep. Ray Ring
Rep. Troy Heinert
Rep. Karen Soli
Rep. Kathy Tyler

Despite years of work, the legislature would not approve a pipeline bond, yet they have asked Obama to approve it. While we support both job creation and energy independence, we are not convinced KXL will bring either to South Dakota. And we cannot support either at the expense of safety and the rights of landowners crossed by the pipeline. Perhaps, now that they’re lending such keen support to the pipeline, they will be more willing to require it is done right – maybe its time to bring back that bonding bill?

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