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
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.
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.
Thank you for your support during this legislative session.
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DRA Member Post: South Dakota Ethics
Carl Kline is a weekly columnist for the Brookings Register and a Dakota Rural Action Brookings Chapter member. He is an adjunct faculty member at Mt. Marty, Watertown, and serves as interim pastor of the UCC Church there, as well as coordinating the Satyagraha Institute.
I have to say a word of thanks to State Representative John Wiik for his recent legislative report in the January 31 Brookings Register about “Why IM22 Just Has to Go.” Although his arguments weren’t very satisfying to this writer, at least he tried to explain why this initiated measure passed by South Dakota voters was unconstitutional.
Wiik mentioned that the description of a “gift” to a member of the legislature in IM22 was too broad. He suggested that because his children might be in a public school and the school was lobbying the legislature, he would be in violation of IM22.
This seems quite a stretch. I’m sure SD citizens are not lining up to take their legislators to court for having their children in a public school that lobbies them. And if the courts are in such bad shape that they would accept such an interpretation, they need as much help or more than the legislative branch.
On the other hand, it’s not unheard of for persons in government to put the needs of special interests above the needs of the larger community when it comes to education. Consider the continuing struggles over who uses what bathroom or how public schools teach science. Do people receive “gifts” for promoting these causes? Personally, I’d like to know.
IM22 helps provide greater transparency. With transparency comes understanding. And if the gifts in these battles are simply the appreciation and toasting of their supporters, so be it. We can respect that. And we can respect personal integrity on an issue and voting one’s conscience. And although some legislators might not believe it, the great majority of SD citizens are not out to say “got cha.” They want to know that their voice is not drowned out by “gifts.” They are simply asking for some modest assurances of legislative integrity and the reality of one person one vote.
Another argument for IM22 being unconstitutional some have put forward is that the public financing proposal forces tax payers to support candidates they don’t like, as well as those they do. If only this argument were carried to its logical conclusion. I don’t want any of my tax payer money going to help the legislature assume the role of refugee police, a job I know Lutheran Social Services in Sioux Falls does amazingly well (after a long and extensive vetting process by the government). Why don’t I have a choice now as to how my money is used? What’s so different about public financing of elections?
Those against IM22 also claim the initiative as written allocates tax payer monies for public financing when only the legislature is allowed by the constitution to do that. Simple enough! Since the citizens of the state asked for public financing, let our representatives just allocate the money. I’m sure that will be the first item on the legislator’s agenda, after repealing the initiative, but saying they want to abide by the will of the people.
One other constitutional argument has to do with the independent ethics commission. Critics of IM22 claim it allocates an unconstitutional delegation of legislative power. They claim the only ethics commission constitutionally allowed is one the legislature creates to police itself.
Honestly, South Dakotans know we live in a one party state. We know we have recently seen some serious violations of the public trust, resulting in deaths and disgrace and the misuse of public funds. If the legislature is not able to adequately root out ethical concerns in state government, the people need their own independent option. Since the party in power seems so resistant to this idea, perhaps members of the media, the clergy and the business community need to establish their own ethics commission. Some citizens are getting tired of having an F rating among the states on government accountability and transparency.
One final concern, opponents of IM22 are fond of pointing out most of the funding for the initiative came from out of state. Using that argument, how is it that all of the leadership in the Legislature were OK with taking campaign funds from Energy Transfer Partners, a Texas corporation? After all, ETP has not treated all of our SD citizens so well. They coerce our farmers and ranchers with threats of eminent domain if they can’t put a pipeline through their backyard. They threaten our waterways and aquifers. They ignore the wishes of our Native American residents. They continue to take fossil fuels out of the ground when our climate and children require they stay put. Let us at least know how much these massive corporations put into the pockets of those who claim to represent us.
I’d still like to know what kinds of “gifts” the American Legislative Exchange Council (ALEC) provides legislators. Am I as a taxpayer still paying to help them get to ALEC meetings? And shouldn’t there be a cap on what one can receive from PAC’s and individuals? What’s unconstitutional about that?
An independent ethics commission could help answer these questions for citizens deeply concerned about the ability of governments to function. Partisans, ideologues, and money from special interests are undermining our democracy. If our representatives are determined to make the initiative process harder and repeal what the people approve, let’s create our own commission to do ethical investigations.
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