Monthly Archives: January 2017

As the second week of the legislative session wraps up, we find the committee hearings beginning to take up bills. At present, the bill load is quite light, with the majority of bills coming from the administration and departments of state government.

I have been appointed to serve on the Agricultural and Natural Resources Committee and State Affairs committee. The only bill to date in the Agricultural committee is one that would repeal the requirement of corporations to file an Annual Farm Report, as these corporations already file the domestic business corporation Annual Report with the Secretary of State. Farm corporations are the only entities that currently file a report that reports intricate information such as the class of stock, the number of shareholders, etc. This bill passed unanimously out of committee and is headed to the House floor.

In House State Affairs, the committee has worked on bills clarifying the trust laws in South Dakota. Due to a variety of reasons, South Dakota has become a magnet for trust companies with its favorable laws governing the trusts and protecting beneficiaries. HB 1046 and HB 1051 were unanimously passed out of committee to revise the code and enhance the trust laws. The House will take these bills up during session in the third week.

The House floor sessions have been rather quiet this week, but are guaranteed to liven up as the committees send bills out. In looking forward to committee schedules, the House State Affairs committee will be dealing with the proposed repeal of Initiated Measure 22, which was passed by the electors in the November general election. While I’m not comfortable with all of the language in IM 22, I will not vote for the repeal. This measure is tied up in the courts, therefore, I’m not comfortable with repealing until a final ruling is announced by the courts. There are several bills that are forthcoming that will address the pieces of IM 22 related to campaign finance, lobbyist ‘gifts’, and code of conduct for state officials, including the executive branch and the legislative branch. The campaign finance bill will need to be amended from what I am hearing, but should be one that I can get behind for reform.

Bills that will be submitted within the next couple of weeks will include an attempt to allow the production of industrial hemp. This bill passed through the House last year but failed in the Senate Ag Committee. There as been a call from some in the Ag community to attempt this measure once again as economical development for agricultural producers. Industrial hemp is far from the cultured hemp grown in states that permit medical or recreational marijuana. The THC level is extremely low, while the plant is conducive to being harvested for twine, rope and other coarse materials. This will once again be a topic of concern for law enforcement so we will need to address that as the bill progresses.

The Joint Appropriations committee has been meeting each day and filing through department and agency budgets. Of course, the concern is still there that growth is limited with the slow sales tax revenue, therefore, as the committee works further, the budget will continue to develop.

As always, please contact me with any questions or concerns about legislation. I may be reached at HYPERLINK “mailto:Julie.bartling@sdlegislature.gov” Julie.bartling@sdlegislature.gov or call me at 605-222-3378. Thank you for the opportunity to represent everyone in District 21. Have a great week!

Representative Julie Bartling
District 21 House

Week 2 is complete. Most committees started hearing bills from individual legislators or agencies during the week. There have already been 140 bills proposed, and the deadline for bill introduction is not until February 2nd. Many more bills are expected to come in before the deadline. The Joint Appropriations Committee (JCA) has been busy with agency and department budget hearings, while the Senate State Affairs Committee has heard a handful of bills.

On Tuesday, January 17th, the JCA heard from Game Fish and Parks (GF&P), Transportation, and Environment and Natural Resources. There were no general fund increase requests from any of these departments as compared to last year’s budget. The GF&P receives just over $6 million from general funds. The rest of their budget is made up of just over $25 million in federal funds and $58 million in other funds. Other fund revenues are made up of fees, licenses, and permits charged for hunting, fishing, and parks and recreation use. The department of Transportation budget only receives $547,589 in general funds, but receives over $388 million in federal dollars and $299 million in “other” funds. The majority of other fund revenues for Transportation are gas tax and vehicle excise tax.

On Wednesday, January 18th, the JCA heard from the Bureaus of Information and Technology (BIT), Administration (BOA), Human Resources (BHR), and State Employee Compensation. BIT is requesting an increase of two full time equivalent (FTE) employees to cover cyber security and two FTE’s to expand local content. There was also a lot of discussion about South Dakota needing to upgrade our state radio. Twelve radio tower sites need to be constructed and upgraded over the next seven years at a cost of $3.1 million per year. The Governor is not recommending this increase even though the department requested this funding. The BOA is requesting a decrease in general fund expenditure authority of $183,029 due to the end of the Sale/Leaseback program that Governor Janklow implemented during the 90’s. There was no significant spending request from BHR. Governor Daugaard is also requesting a 1% salary increase for all permanent state employees. This raise will cost just over $6 million in general funds, $3 million in federal fund authority, and $6.4 million in other fund authority.

On Thursday, January 19th, the JCA heard from the Departments of Agriculture (SDDA), Public Safety, Revenue, and Labor and Regulation. The SDDA is requesting an increase in general fund expenditure authority of $200,000 for personnel costs and capital outlay programs. The Department of Public Safety is requesting an additional four FTE’s for highway patrol officers for the Smart on Crime Task Force recommendation that is seeking to crack down on Methamphetamines coming into our state. The Department of Revenue is requesting one additional FTE for title fraud prevention measures and rebuilt motor vehicle program. The department of Labor and Regulation is requesting a decrease in five FTE due to lower usage of Unemployment Services and State Labor Law Administration.

In Senate State Affairs Friday, January 20th, we heard Senate Bill 59. This bill would require that Initiated Measures go through the same process as a bill proposed during the legislative session, essentially make the Initiated Measure process pointless. It would have required the legislature to vote on the measure, as well as allowed the Governor to potentially veto the measure, which flies in the face of why we have the Initiated Measure process in the first place. I supported striking this section from the bill in committee and fortunately it was amended to remove this section. The main thing that SB 59 does now is move the effective date of Initiated Measures and Referred Laws to July 1st of the year following the election. I did not support this bill because I believe it still opens the door for the legislature to change an Initiated Measure before it goes into effect. I will work to move the effective date of Initiated Measures to January 1st of the year following passage, which will give departments and agencies the time to implement what the voters passed on the ballot. It seems there will be many efforts this legislative session to undo or alter the Initiated Measure process. To me, the major problem with many of these proposals is that they make it harder for the everyday South Dakotan to have their voice heard and easier for large money organizations to push their agenda. We have a rich history as being the first state in the nation to implement the Initiated Measure and Referendum process, and I believe that it has served us very well. It is incredibly important for all of us to protect our right of direct democracy through this process so that the people can be responsive to a legislature that may not be listening to the will of the voters.

There will also be a bill to repeal Initiated Measure 22 in a joint House and State Affairs Committee hearing on Monday, January 23rd. I will report on the outcome of legislation in next week’s article. I encourage anyone to contact me with questions, concerns, and new ideas on how we can improve South Dakota as we move through the legislative session. It is an honor to be your Senator, and I will continue working hard for all of you and for the great state of South Dakota. sen.sutton@state.sd.us 605-830-5540 District 21 Senator Minority Leader Billie H. Sutton