Category Archives: News

South Dakota Public Utilities Commissioner Chris Nelson has been selected to serve on the National Association of Regulatory Utility Commissioners’ Board of Directors, a group tasked with overseeing NARUC’s efforts to improve the quality and effectiveness of public utility regulation. This is Nelson’s second appointment to the association’s supervisory board. He earned his first seat in January 2014 when he was selected to serve as chair of NARUC’s Committee on Telecommunications.

Appointed to a new seat by NARUC President Robert Powelson of the Pennsylvania Public Utility Commission on Jan. 12, 2017, Nelson will serve on the board through October 2018. Along with other board members, he will focus on strengthening state commissions by engaging in public policy discussions, recommending resolutions to the NARUC membership and advocating among federal agencies.

“I’m grateful to serve on my national association’s board of directors. This leadership position allows me to guide the direction of our organization in a manner that serves the needs of South Dakotans,” said Nelson.

Nelson has been a member of NARUC since 2011. He was part of NARUC’s Task Force on Federalism and Telecommunications and has been appointed by the Federal Communications Commission to the Federal-State Joint Board on Universal Service, representing the interests of NARUC.

Gov. Dennis Daugaard appointed Nelson to the PUC in January 2011 to fill a vacancy. Nelson was elected in November 2012 to continue serving the remaining four years of the term. He was re-elected to the PUC in November 2016 to a full, six-year term. Prior to joining the commission, Nelson served eight years as South Dakota’s Secretary of State.

Every four years after a presidential election, Americans from all corners of the country flock to Washington, D.C., to attend the incoming president’s inauguration ceremony. At noon on January 20, 2017, President-elect Donald Trump becomes President Donald Trump, after he is administered the oath of office by Supreme Court Chief Justice John Roberts.

The oath of office of the President of the United States is only 35 words long, and is stated in the United States Constitution: “I do solemnly swear that I will faithfully execute the Office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States.” The first president to take the presidential oath was George Washington at his inauguration on April 30, 1789, at Federal Hall in New York City, the temporary seat of government at that time.

President Washington also set the precedent of delivering an inaugural address following his swearing-in ceremony, a tradition that has led to some of the most renowned quotes from our presidents. Washington swore to preserve “the sacred fire of liberty” and uphold the “Republican model of Government.” Other famous lines from inaugural addresses include John F. Kennedy’s “ask not what your country can do for you, ask what you can do for your country,” and Ronald Reagan’s “In this present crisis, government is not the solution to our problem; government is the problem.” These remarks continue to inspire Americans today.

The entire ceremony takes place on the West Front Lawn of the U.S. Capitol, as it has since 1981. Attendees fill the National Mall from the Capitol steps to the Washington Monument, all to catch a glimpse of living history. Following the swearing-in and inaugural address, an inaugural parade and numerous balls take place throughout Washington, D.C.

While January 20th is the official day the president takes office, months of preparation have gone into the planning of the inauguration ceremony and official events, such as the parade and the formal balls. Since 1901, the Joint Congressional Committee on Inaugural Ceremonies has been in charge of setting up the swearing-in ceremonies. Thousands of men and women have been working behind the scenes to plan the ceremony and make sure the Capitol remains secure. I’d like to thank them for their hard work, as well as all the members of the law enforcement community who have been putting in long hours leading up to inauguration weekend. Their job protecting the attendees at the inauguration is incredibly difficult, and their dedication to the security of the attendees is deserving of praise. Without their commitment, this very special day for our nation could not run as effortlessly and with the dignity it deserves.

In his inaugural speech, Thomas Jefferson said, “But every difference of opinion is not a difference of principle…We are all republicans. We are all federalists.” His wise words ring true today. Though we may disagree with one another on certain policies, we are all Americans, and our presidential inaugurations reflect a decidedly American ideal: the peaceful transition of power from one administration to the next.

I’ve heard stories like this many times over, even from within South Dakota: A young woman falls behind on rent or faces other financial straits. Someone steps in to help, but the apparent act of kindness comes with certain strings attached. It might begin as a requirement to just “hang out.” Perhaps they begin to date. But then, the threats come – both physical and emotional. A financial reliance has been established – perhaps a drug or alcohol addiction as well – so it’s difficult to find a way out. Within months, maybe even weeks, a supposed friend becomes the victim’s trafficker.

The manipulative control persists, often resulting in multiple run-ins with the law. Many victims are arrested, brought up on charges of conspiracy, money laundering, prostitution or drug trafficking. Even if they’re able to escape the horrors of trafficking, these criminal records can chain them to their past and leave them vulnerable to being exploited or trafficked again.

According to a recent survey by the National Survivor Network, around 80 percent of trafficking survivors surveyed had lost or not received employment because of their criminal convictions. Around half had suffered from barriers to accessing housing. Trafficking survivors deserve a fair shot at rebuilding their lives, but that’s difficult when housing, employment, and education are out of reach.

With this in mind, I helped introduce the bipartisan Trafficking Survivors Relief Act earlier this year. This legislation would create a process in which trafficking survivors with non-violent federal offenses could ask a judge to free them of their records, vacating arrests or convictions that were a direct result of being trafficked. I’m hopeful this legislation will help relieve survivors of the past, open doors for them, and offer a path forward where healing can begin.

If enacted, this bill would build on our accomplishments from last Congress where we passed one of the most comprehensive anti-trafficking packages seen in a decade. The legislation allocated more resources for survivors, offered more tools to go after traffickers and buyers, and put policies in place to prevent trafficking.

The mission to end human trafficking is one that each of us can participate in. I encourage you to familiarize yourself with the signs of human trafficking. Is someone you know not free to come or go as they wish? Are they fearful, anxious, tense or paranoid? Do they appear malnourished or show signs of abuse? Do they lack control over their own money or financial records? These are just some of the indicators a victim may exhibit. To learn more, I encourage you to visit humantraffickinghotline.org.

Additionally, if you or someone you care about is being trafficked or at risk, please call the National Human Trafficking Hotline immediately at 1-888-373-7888. Correspondence with the National Hotline is confidential and you may request assistance or report a tip anonymously.

Those who have been trafficked should be treated as survivors, not criminals. I’m hopeful our latest proposal can help clear the path for them to rebuild their lives.

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