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!

d-caucus-kxl-amend

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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