SD Legislative Update Monday, February 6, 2017 #CalltoAction

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Monday, February 6, 2017

#CallToAction a lot of bad bills up in committees!! Please read all the way through


House Education 7:45 am

BAD::: SB 55 would permit the teaching of non-scientific ideas and opinions — like climate change denialism — in science classes

Please contact the following members of the committee and ask them to vote “NO” on SB 55:

Email addresses:

Rep. Thomas Brunner –

Rep. Blaine “Chip” Campbell –

Rep. Julie Frye-Mueller –

Rep. Bob Glanzer –

Rep. Thomas Holmes –

Rep. Timothy Johns –

Rep. Jason Kettwig –

Rep. Sean McPherson –

Rep. Mike Stevens –

Rep. Craig Tieszen –

Rep. Burt Tulson –

Rep. Marli Wiese –

Rep. Larry Zikmund –

House Switchboard: 605-773-3851

House State Affairs 7:45am

Joint Resolution to meet to change the Constitution:::::HJR 1002     To apply for a convention of states under Article V of the Constitution of the United States to impose fiscal restraints on the federal government and limit the power and jurisdiction of the federal government.
Representatives Latterell, Chase, DiSanto, Haggar, Haugaard, Jensen (Kevin), May, Mickelson, Mills, Peterson (Sue), Pischke, Qualm, Schaefer, Willadsen, and Zikmund and Senators Jensen (Phil), Bolin, Langer, Maher, Netherton, Novstrup, Rusch, Stalzer, and Wiik


One of the replacement bills SEE BELOW:::::::HB 1073     revise and repeal certain provisions regarding gifts from registered lobbyists to public officials.
Representatives Mickelson, Bartels, Bartling, Beal, Chase, Clark, Dennert, Haggar, Hawley, Heinemann, Howard, Jensen (Kevin), Johns, Kettwig, Latterell, Lust, McPherson, Otten (Herman), Peterson (Kent), Peterson (Sue), Qualm, Reed, Rhoden, Steinhauer, Stevens, Tieszen, Tulson, and Willadsen and Senators Otten (Ernie), Curd, Ewing, Greenfield (Brock), Heinert, Langer, Maher, Nelson, Netherton, Novstrup, Soholt, and Sutton


Gun Bills::::::::

HB 1147     revise certain provisions regarding concealed carry permits and to declare an emergency.
Representatives Brunner, Jensen (Kevin), and Marty and Senators Stalzer, Ewing, and Jensen (Phil)

HB 1156     allow a concealed pistol in the capitol with an enhanced concealed pistol permit.
Representatives Qualm, Brunner, Clark, Dennert, Gosch, Haggar, and Rhoden and Senators Stalzer, Jensen (Phil), Klumb, and Mahe


House Commerce & Energy 10am

HogHouse vehicle bill::::::: HB 1058     empower health care consumers.
Representative Anderson and Senator Partridge


GOOD:::::: HB 1120 would create protections and accommodations for pregnant and breastfeeding mothers in their places of employment

Please contact the following members of the committee and ask them to vote “YES” on HB 1120:

Email addresses:

Rep. Arch Beal –

Rep. Spencer Gosch –

Rep. Lana Greenfield –

Rep. David Johnson –

Rep. Elizabeth May –

Rep. John Mills –

Rep. Tom Pischke –

Rep. Tim Rounds –

Rep. Wayne Steinhauer –

Rep. Mark Willadsen –

Rep. Larry Zikmund –

House Switchboard: 605-773-3851

House Judiciary 10am

Anti-Abortion bill:::::::

HB 1101     increase the penalty for performing an abortion of an unborn child capable of feeling pain.
Representatives Haugaard, Bartling, Brunner, Campbell, Clark, Dennert, DiSanto, Frye-Mueller, Goodwin, Greenfield (Lana), Haggar, Holmes, Jensen (Kevin), Kaiser, Kettwig, Lake, Latterell, Peterson (Sue), Pischke, Qualm, Rasmussen, Rhoden, Ring, Rounds, Steinhauer, Tulson, and York and Senators Greenfield (Brock), Jensen (Phil), Kolbeck, Monroe, Nelson, Netherton, Partridge, Rusch, Russell, Solano, Stalzer, Tapio, and Wiik


Also some human trafficking bills


And this: HB 1103     allow for service by publication for certain paternity and child custody actions.
Representatives Haugaard, Heinemann, and Latterell and Senators Rusch, Bolin, Netherton, and Stalzer

Senate Transportation 8am

GOOD:::: SB 118     allow for special motor vehicle license plates depicting the Dignity sculpture.
Senators Heinert, Bolin, Curd, Frerichs, Jensen (Phil), Killer, Maher, Nesiba, and Rusch and Representatives Bordeaux, Bartling, Lesmeister, May, Otten (Herman), Rozum, Schaefer, Soli, and Wismer


SB 154     require the Department of Transportation to utilize native grasses on new or remodeled state properties as landscape. 
Senator Frerichs and Representative Ahlers

SB 161     direct certain vehicle registration fees to counties with unorganized territory.
Senators Killer, Heinert, Kennedy, Maher, Nelson, and Russell and Representatives May, Bordeaux, and Livermont



Senate State Affairs 10am

GOOD:::: SB 96  would require a minimum amount of paid sick leave for employee

Please contact the members of the State Affairs committee and ask them to vote “YES” on SB 96

Email addresses:
Sen. Jim Bolin –
Sen. Blake Curd –
Sen. Bob Ewing –
Sen. Kris Langer –
Sen. Ryan Maher –
Sen. Jenna Netherton –
Sen. Novstrup –

Senate Switchboard: 605-773-3821


SB 131     revise certain provisions concerning the period of time elected officials are prohibited from lobbying after leaving office.
Senators Curd, Kolbeck, Langer, Netherton, and Wiik


House Floor 2pm

* Refer to the engrossed (amended) bill

HB 1077    (Deferred from 16th LD) provide for the assignment of certain benefits in dental care insurance coverage.
HB 1094    (Deferred from 16th LD) provide for the transfer of certain landowner hunting licenses.
HB 1071    (Deferred from 16th LD) require the approval of the Legislature before any high level nuclear waste may be processed or deposited within state boundaries.

HB 1112    (Deferred from 16th LD) revise certain provisions related to construction managers on certain public improvement projects.
HB 1065    (Deferred from 16th LD) repeal certain provisions regarding the liability of persons for certain business debts.
HB 1080    (Deferred from 16th LD) adopt the Uniform Fiduciary Access to Digital Assets Act.
HB 1061    (Deferred from 16th LD) revise certain provisions regarding consent for correspondence through electronic mail by enrolled customers of portable electronics.
HB 1052*    (Deferred from 16th LD) provide certain protections for public employees who report violations of law.
HB 1068*    (Deferred from 16th LD) revise certain provisions concerning landowner liability for certain injuries suffered.
HB 1081*    (Deferred from 16th LD) revise certain provisions for establishing a trust for an unlocatable mineral owner.
HB 1066*    (Deferred from 16th LD) revise certain provisions concerning exemptions from the licensing requirements for motor vehicle dealers.
Revise certain provisions regarding permits for the sale of certain trailers, motorcycles, and other vehicles.
HB 1078*    (Deferred from 16th LD) provide for the regulation of teams and team leaders regarding real estate transactions.
HB 1097    (Deferred from 16th LD) revise certain unemployment insurance contribution rates, to provide for an unemployment insurance administrative fee, and to provide for the distribution of the fee.
HB 1088    (Deferred from 16th LD) revise certain provisions regarding required stops at railroad crossings.
HB 1095*    revise certain provisions regarding resident fishing possession limits.
HB 1023    make an appropriation for the payment of extraordinary litigation expenses and to declare an emergency.
HB 1062    make an appropriation to fund tax refunds for elderly persons and persons with a disability and to declare an emergency.
HB 1136    revise certain election recount provisions.

* Refer to the engrossed (amended) bill

SB 14    (Deferred from 16th LD) make an appropriation from the coordinated natural resources conservation fund to the State Conservation Commission and to declare an emergency.
SB 15    (Deferred from 16th LD) make an appropriation for costs related to suppression of wildfires in the state and to declare an emergency.
SB 17*    (Deferred from 16th LD) authorize the Board of Regents to contract for the construction of a natural resources research and support facility at South Dakota State University, to make an appropriation therefor, and to declare an emergency.
SB 18*    (Deferred from 16th LD) authorize the Board of Regents to contract for the design, renovation of, and addition to, the Stanley J. Marshall Center on the campus of South Dakota State University and to make an appropriation therefor.
SB 1*    (Deferred from 16th LD) revise certain provisions of the prescription drug monitoring program.

SB 44    (Deferred from 16th LD) revise the definition of individuals with a serious emotional disturbance.
SB 49    (Deferred from 16th LD) license and regulate freestanding emergency medical care facilities.
SB 48*    provide for the certification of emergency medical responders.


HC 1010    (HJ 16th LD) Commending and honoring the 2016 Habitat for Humanity-South Dakota Habitat Supporters of the Year.
SC 19    (SJ 15th LD) Honoring Cleo Erickson, “The History Lady,” of Vermillion, South Dakota, who knew more about the history of her community than anyone else.
SC 20    (SJ 15th LD) Commending the South Dakota Army National Guard 153rd Engineer Battalion of Huron, South Dakota, for being awarded the Major General Milton A. Reckord Trophy and for its continued demonstration of support to the local community and the state.
SC 21    (SJ 15th LD) Posthumously honoring the life, character, and achievements of Bob Hanson.



Senate Floor 2pm


SB 97    revise certain provisions concerning the transfer of motor vehicle titles to satisfy unpaid motor vehicle repair bills.
SB 106    enhance South Dakota.
SB 98    revise provisions regarding deadlines for municipal election recounts.


* Refer to the engrossed (amended) bill
SB 66*    specifically classify certain agricultural land as riparian buffer strips, to establish the criteria for the riparian buffer strip classification, and to provide for the taxation thereof.
SB 82*    (Deferred from 15th LD) revise certain provisions regarding the review of juvenile corrections.
SB 74    exempt the elected members of the governing board of any federally recognized Indian tribe from the requirement to register as lobbyists.
SB 78    revise provisions regarding election petitions for conservation district supervisors.
SB 99    revise certain provisions regarding the petition signature requirements for municipal elections.
SB 33    (Deferred from 14th LD) revise the state aid to special education formula.
SB 35    (Deferred from 14th LD) revise the state aid to general education formula.


HB 1012    (Removed from Consent) revise certain provisions related to wind and solar easements.
HB 1021    (Deferred from 16th LD) revise certain provisions regarding the education provided for children in certain residential treatment centers.
HB 1046    (Deferred from 16th LD) revise various trust and trust company provisions.
HB 1051    (Deferred from 16th LD) establish and revise certain provisions regarding virtual representation.







Thanks to Aaron with SDDP for the numbers and emails!


AND, I have attached copy of the email from Doug Kronaizl with Represent South Dakota for your information:

Hi all,


Last week was rough. The Governor officially declared an emergency and repealed the entirety of IM 22. Never before has the Legislature so directly and disrespectfully attacked the voters. We cannot let them simply walk away from this.


Many legislators have been talking about “respecting the people” with “replacements.” Our task now is to make sure they follow through with good bills and to absolutely reject any bad bills they try to pass. I will be using these email updates to let you know about upcoming “replacement” bills so we can continue to make our voices heard. 

I am working on a comprehensive list, but have included bills coming up fast below.


Please email your legislators on these bills. They want to “respect the will of the people,” so, as the people, it is up to us to make that will abundantly clear.
Lists are attached with instructions below.


IM 22 “Replacement” Bills


Senate Bill 131 – Revolving Door Law (Good, as amended)

Senate State Affairs, 2/6 at 10:00 AM


Tell our legislators to support this bill as amended.

When we enacted IM 22, we banned legislators, appointed officers, and other state officials from becoming lobbyists for two years after they leave their jobs. Senator Curd reintroduced that two year ban in SB 131, but deliberately removed all language that would have applied it to any “appointed officer, state agency or division director, or the highest paid aide, employee, or staff person reporting to any of the foregoing.” 


Senator Curd has said TIME AND AGAIN that he would do everything in his power to respect the voters. 

How is limiting the scope of our strong anti-corruption laws respectful to the voters? 


Fortunately, Senator Sutton introduced and passed an amendment that reintroduced all of the language making SB 131 IDENTICAL to what we passed in IM 22.


Flustered, Senator Curd asked the committee to defer final action on the bill until TOMORROW. Here’s what we need to tell the Senate State Affairs Committee today:


Please pass SB 131 as amended. If you truly respect the voters, this should be the easiest vote of your day. We voted for and enacted a revolving door time limit that applied to all those with power and influence in our state government. Please respect that. Anything less than that would be dishonest and disrespectful.


House Bill 1073 – Lobbyist Gift Limit (with a TON of exceptions) (Bad, as written)
House State Affairs, 2/6 at 7:45 AM


Tell our legislators to remove these unlimited gift loopholes and exceptions.


HB 1073 reintroduces the limit we enacted to prevent lobbyists from giving unlimited, unreported gifts to our legislators. However, it deliberately includes a SLEW of exceptions allowing lobbyists to skirt around the rules. This in NO way is what the voters intended. Under HB 1073, lobbyists can continue to give unlimited gifts in the following ways:

    • campaign contributions
    • as “Any food or beverage provided for immediate consumption” – FYI on Jan. 17, the Koch Bro’s lobbying arm, ALEC, treated our legislators to a Wine & Cheese Welcome with Swiss Steak Dinner. HB 1073 would condone and encourage that behavior.
    • tickets to sporting events, weekend hunting trips, and all-expense paid vacations, or anything of value received due to membership in a group. How vague is that?!

Let your legislators know that they need to REMOVE THESE EXCEPTIONS if they truly want to respect the voters.


Initiated Measure Attacks


House Bill 1034 – Removes “Pro” and “Con” Statements (Bad, as written)
Passed the House 56-11. Referred to Senate State Affairs; no date set


Tell our legislators to amend HB 1034 to protect the “Pro – Con” statements.


This bill is a mixed bag. It sets standard fees for reviewing petitions, which is good for transparency and open government. However, it also removes the “Pro” and “Con” statements for ballot measures. For a lot of grassroots groups without deep pockets, these statements are the cheapest way for them to describe their initiative to a statewide audience. If these legislators said we were hoodwinked, why are they removing policies intended to inform the voters? 


They might say “oh, the statements have gotten too political,” but I, for one, think we voters are smart enough to tell the difference between substance and fluff. Let’s remind our legislators of that fact by asking them to amend this bill!


Senate Bill 77 – Fiscal Impact Statement (Bad)
Passed Senate State Affairs; moves to full Senate

This bill is dressed up as “providing the voters more information,” but we need to let legislators know that we see through the smoke and mirrors. 
If an initiated measure would have a fiscal impact, this bill would require circulators to include a fiscal impact statement prepared by the LRC on every ballot.

  • This bill is unnecessary. The full-text of the initiative is already present on every petition. Why do we need to waste more space on a ballot when the nuts and bolts of the measure – including funding and fiscal information – are already on the sheet?
  • The Attorney General’s statement already makes it abundantly clear if there will be a fiscal impact.
  • This bill is anti-initiative. By requiring a fiscal impact statement on every ballot, circulators will suddenly have to be on the defense with their measures. Rather than discussing the merits and facts of their measure, circulators will have to push back against arguments included on their ballots written by the LRC.
  • It inappropriately applies to referendums. This bill would require circulators of referendum petitions to wait up to sixty days for a fiscal impact note. Referendum circulators already only have ninety days to gather signatures. SB 77, as written, would make it next to impossible to refer the Legislature’s laws.

Now, to be fair, the LRC can prepare a fiscal impact statement, but that statement should be made available online rather than requiring circulators to carry around duplicitous and potentially biased language on their petitions.


As always, please let me know if you have any questions or comments about what we could do to keep you all up-to-speed!
Thank you all for your time and energy. We have been holding their feet to the fire and we can’t let up now!




Doug Kronaizl

Represent South Dakota


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