Category Archives: State

Gov. Dennis Daugaard has signed House Bill 1069, An Act to repeal and revise certain provisions related to campaign finance and to declare an emergency. This bill repeals Initiated Measure 22.

“The circuit court enjoined Initiated Measure 22, finding it unconstitutional ‘beyond a reasonable doubt.’ It has not been in effect, and it is extremely unlikely that it would ever come into effect,” said Gov. Daugaard. “For that reason, it makes sense to repeal this unconstitutional measure. Over the next few weeks, I will work with legislators to honor the will of the voters – by passing bills to regulate gifts from lobbyists and to strengthen ethics and campaign finance laws.”

The Senate Appropriations Committee introduced a bill on behalf of Gov. Dennis Daugaard to fund an upgrade and expansion to the state animal disease research and diagnostic laboratory. Located on the campus of South Dakota State University, the facility serves as the state animal health laboratory.

The lab develops and conducts tests to identify animal diseases, creates new protocols to distinguish unique disease strains, and develops vaccines and other treatments to directly assist veterinarians, ranchers, farmers, pet owners, wildlife managers, public health officials, and state and federal agencies.

“When disease outbreaks risk the production of our food and the health of our citizens, a timely, accurate diagnosis of the cause is essential,” Gov. Daugaard said. “I look forward to working with the Legislature, agriculture industry and SDSU to sustain this public-private partnership and upgrade and expand the lab.”

The lab was built in 1967 and last upgraded in 1993. It is out-of-date, according to the Governor, and needs to be modernized to correct aging infrastructure, accommodate new technologies, and meet current and future health and safety standards.

“The lab is key to securing the livestock sector’s long-term viability, not just for South Dakota, but for the entire region,” Senate President Pro Tempore Brock Greenfield said. “Its economic impact extends to agriculture and beyond.”

Lab staff have been involved in combating significant livestock diseases, including porcine endemic diarrhea virus in 2013 and avian influenza in 2015. In the early 1980s, the lab identified a previously unknown swine virus and developed a widely used vaccine to prevent it.

“Agriculture is South Dakota’s No. 1 industry,” added House Majority Leader Lee Qualm. “The lab provides critical research and diagnostic support to protect our citizens and livestock industry from disease outbreaks.”

In addition to proposed funding from the state general fund, the bill includes several agriculture-related fees to cover much of the $3 million per year bond payment.

“We all know the value of the lab to South Dakota livestock producers,” South Dakota Pork Producers Executive Director Glenn Muller said. “The key now is finding the right funding mix to get this done.”

“This is a good first step,” South Dakota Cattlemen’s Association President Larry Stomprud added. “The agriculture industry will be at the table, and we look forward to continued discussions on funding mechanisms.”

By the time that you are reading this, we will be half done with the 92nd legislative session.

HB 1069 was the bill to completely repeal Initiated Measure 22 (otherwise known as the “Anti-Corruption Act” passed by South Dakota voters in November) and it once again dominated the conversation this week in Pierre. HB 1069 passed the Senate on a 27-8 vote and Governor Daugaard has already signed the repeal of IM 22 into law. It took the majority in the legislature only seven business days to overturn the votes of over 180,580 South Dakotans. I am reminded of our state motto through all of this that, “Under God, the people rule.” A majority of the legislature did not head these words while voting on this issue.

It is now up to the legislature to come up with replacement measures that will address corruption, ethics, and transparency in our state government. I truly believe making state government work better for all South Dakotans begins with listening to the voters and respecting their will when they approve ballot measures. The majority of the legislature did not do this, so now it is upon us all to come together and pass legislation to uphold the will and intent of the majority of the voters in South Dakota.

There will be many bills discussed during the upcoming weeks to do address the concerns of the people as it relates to corruption, transparency, and campaign finance. Several of these measures I will fight for over the upcoming weeks, including:

Government Accountability Board (Ethics Commission) a. An ethics commission that covers all of state government is an incredibly important piece of the puzzle to rooting out corruption in state government and politics in general. This needs to be a bi-partisan board made up of non-legislators that would function underneath the purview of the Attorney General’s office. Gifting Limits on Lobbyists b. Right now we do not have limits on what a lobbyist can gift to an elected official. There need to be consistent and strong limitations on what lobbyists can gift to elected officials so that we can ensure that legislators are not being persuaded to vote a certain way based on gifts they receive. Campaign Finance Reform c. Campaign finance reform could have the most impact on getting money out of politics and back into citizens’ hands. We need to set stricter limits on how much money can be contributed to campaigns from special interest groups. There also needs to be more broad reporting requirements from groups outside of our state and special interest groups in our state that seek to have an impact on our elections or ballot measures. Did you know under current law once a public official is done with public office, they can walk away with the money in their campaign account and use it for whatever they want? This is simply not right, and I am bringing a bill to fix this very problem. Campaign Finance Ethics Commission d. An ethics commission to oversee campaign finance is important to this process so that there is a strong arm in implementing campaign finance laws and monitoring campaign contributions. It also needs to have the ability to receive anonymous tips and investigate misappropriation of campaign funds and wrongdoing.

IM 22 accomplished many of these things, but that is in the past now. It will now be incredibly important that the legislature work together to accomplish what IM 22 sought to do in creating a state government that is accountable to the people of South Dakota.

The repeal of IM 22 with HB 1069 has brought to light the use of the “Emergency Clause” under Article 3 § 1 of our state constitution. This section gives the voters the right to refer a law enacted by the legislature to a vote of the people unless the laws are necessary for the immediate preservation of the public peace, health, or safety or the act is necessary for the support of the state government and its existing institutions. There have been more bills introduced this session with an Emergency Clause attached to them than in any year I have been in Pierre, and many of them are regarding the initiated measure process. This means that if passed, the bills would not be able to be referred to a vote of the people. None of these bills have a true state of emergency existing to justify completely removing the citizenry from the process. This should be a concern to all South Dakotan’s, no matter your party affiliation.

We will be hosting 3 cracker barrels on Saturday, February 11th. Winner will be held in the statewide ag meeting room at 8:00 AM. Gregory will be held at bowling alley at 10:00 AM. Platte will be at 1:00 PM at the Pizza Ranch. I encourage everyone to attend and ask questions.

As always, 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

The fourth week of the 92nd legislative session is complete, and the deadline for filling bills has passed. There are approximately 390 bills introduced, therefore, the committee bill load will become active to moves these pieces of legislation through the process.

In the Agricultural and Natural Resources Committee, we have only taken a few bills regarding hunting and fishing licenses. The bills address a landowner’s right to utilize a ‘landowner deer tag’ in a way of his/her choice, and to a landowner, who has a stocked body of water with fish on his own land and fully stocked by himself, to take an unlimited number of fish. The hunting and fishing lobbies have argued that these measures would further commercialize hunting. While we have not heard the bills on the House floor, there will be friendly amendments to take care of the concerns of the opponents. Stay tuned.

In House State Affairs, the committee has head bills that seek to enhance South Dakota’s concealed carry laws. These bills seek to make the process for renewal more streamlined and have received favorable votes from the committee. The committee will once again hear a bill to allow individuals who have an enhanced permit to carry a concealed weapon, to carry such in the State Capitol. This bill does not have the support of law enforcement, as allowing such may put officers in precarious situations when confronting someone who carries a weapon. These officers will be required to ascertain in a matter of seconds who is acting in a criminal manner and who is not. This is clearly dangerous, and will certainly be a bill that will get significant discussion and debate.

The House floor sessions have picked up with bills addressing nursing home beds. HB 1003 received significant debate, as it would allow for the sale or transfer of nursing home beds throughout the system. This bill received very few votes, as the SD Department of Health has a very clear and definitive process for helping nursing homes that require additional beds. Selling the beds will put our rural nursing homes at an extreme disadvantage, as they clearly do not have the funds to purchase such. We all want to be able to keep our loved ones close to us when they are in need of skilled nursing care in a home setting as they near the end of their lives.In my opinion, it was good to vote this bill down and to allow our nursing homes to work with the Department of Health to fulfill their needs.

With the final passage of HB 1069 and with the Governor’s signature on the bill, the legislature must put its words into action. We will be taking up several bills to address the lobbying concerns, the accountability of state government, and the ethics surrounding campaign finance. We should have taken these bills up prior to the repeal of IM 22, and then consider the repeal. We must make sure that any bills brought forth attempt to meet the expectations of IM 22 and answer the concerns of the citizenry as they perceived the ballot measure.

The Joint Appropriations committee continues to meet each day and files through the departments and agency budgets. During conversations with the Bureau of Finance and Management, the revenues appear to be lower than the executive branch had anticipated. Leadership will receive the revenue estimates within the next week and will have a clearer vision as to how the FY 18 budget will shape up.

On February 11th, your District 21 legislators will hold their first cracker barrel at the following locations and times: 8:00 a.m. At the Statewide Ag Insurance building in Winner; 10:00 a.m. At the Gregory Bowling Lanes in Gregory; and at 1:00 p.m. At the Pizza Ranch in Platte. I encourage all who have concerns to please join us for conversation about the legislature.

Our second Cracker Barrel will be held in the east end of the district on February 25th. Be sure to watch the next two weeks columns for locations and times.

As always, please contact me with any questions or concerns about legislation. I may be reached at 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!

Americans mourned the passing of Supreme Court Justice Antonin Scalia, who died suddenly last year in the middle of the presidential election. Justice Scalia was one of the strongest defenders of the Constitution who fought fiercely against judicial activism and legislating from the bench. Replacing him will be extremely difficult, and is of the utmost importance, as Supreme Court Justices can dramatically alter the course of our nation in just one vote.

President Trump has made an excellent choice in nominating Judge Gorsuch to replace Justice Scalia on the bench. An avid outdoorsman, Judge Gorsuch was born in Colorado, educated at Columbia, Harvard and Oxford, and for the past 10 years has served on the U.S. Court of Appeals for the 10th Circuit in Denver. He has previously clerked for Supreme Court Justices Byron White and Anthony Kennedy. Throughout his career, he has a clear record of following the Constitution as it was written and following the rule of law. We believe Judge Gorsuch espouses the same approach as Justice Scalia and has a strong understanding of federalism upon which our country is built.

In our federal system, the Supreme Court of the United States is the highest court in the country and has ultimate jurisdiction over all federal courts. Because the current makeup of the court is evenly split between conservative and liberal-leaning justices, filling this 9th spot is as important as ever. This next justice has the potential to hold incredible influence over the ideological direction of the court for a generation to come. The Supreme Court is the final authority for interpreting federal laws and the Constitution. It is one of the most important responsibilities in our federal system.

That is why the decision was made early on by Leader McConnell and others to give the American people a voice in the process of replacing Justice Scalia, by waiting to confirm the next Justice until the 45th President was in office and able to nominate someone him or herself. We held that belief even when it looked like our party would not win the presidency. But as we have been reminded, elections have consequences. The American people chose to elect President Trump, who throughout his campaign said that he would nominate someone “in the mold of the late Justice Scalia.”

President Trump made good on fulfilling that promise when he nominated Judge Gorsuch to the Court. Judge Gorsuch is greatly respected on both sides of the aisle. In fact, he was previously confirmed to the U.S. Court of Appeals for the 10th Circuit unanimously – with not a single Republican or Democrat member of the Senate dissenting. Nearly a dozen Democrat Senators who did not oppose his nomination in 2006 still serve in the Senate today, including Senate Judiciary Committee Ranking Member Diane Feinstein and Senate Minority Leader Chuck Schumer.

As such, we expect the Senate will continue its tradition of approving highly competent, qualified individuals to the Supreme Court in an up or down vote following a thorough vetting process. We owe it to the late Justice Scalia, our judicial system, the Constitution and every American to see his conformation through.

When Justice Antonin Scalia unexpectedly passed away last year, the country lost more than veteran of the Supreme Court. It lost a man who was universally respected by his colleagues in the courtroom, both behind and in front of the bench, and a man who will undoubtedly go down as one of the most brilliant legal minds in American history. Justice Scalia’s reverence for the law and Constitution was as evident in his written work as it was in his methodical and oftentimes witty oratory. He loved the court and his country, and his shoes will be big ones to fill.

Not that there is ever an ordinary vacancy on the court, but when Justice Scalia passed away, it came at an extraordinary time. America was in the middle of a heated presidential election, and President Obama was months away from leaving office. In order to protect the selection and confirmation of a new Supreme Court justice from the heat of election-year politics, Senate Republicans decided the best option was for the American people to have a voice in the process.

That meant Republicans were willing and prepared to give whoever was elected as the 45th president (Donald Trump or Hillary Clinton) the power to nominate the next Supreme Court justice. It also meant that the next Senate (led by Republicans or Democrats) would be the group to provide its advice and consent to the president on his or her nominee. Both the next president and the next Senate would be free from the political rhetoric and rancor of the campaign trail.

By now, we all know how the election ended. Donald Trump won, and he selected an extremely well-qualified, mainstream jurist who is ready to serve on the highest court in the land. Senate Republicans retained our majority, and we are ready get to work on the people’s business, which includes quickly confirming Judge Neil Gorsuch to the Supreme Court.

Judge Gorsuch’s resume is impeccable. He is the graduate of Oxford University, Harvard Law School, and Columbia University. He served as a clerk for two Supreme Court justices, including Anthony Kennedy who still serves on the court today. For more than a decade, Judge Gorsuch has served on the 10th Circuit Court of Appeals, a position to which he received unanimous support in the Senate. Perhaps most importantly, Judge Gorsuch believes that Supreme Court justices should be like an umpire who calls balls and strikes. The law is the law, and Judge Gorsuch agrees.

It is unfortunate that before this nominee was even announced, my Democrat colleagues in the Senate launched a filibuster campaign in an attempt to block the nomination. Not because of the character or qualifications of the person who would ultimately receive it, but because they think the seat belongs to someone else.

To be clear, seats on the Supreme Court do not belong to a president, a political party, or even a justice himself. The Supreme Court and the seats of which it is comprised belong to the American people. They, as should my Democrat colleagues who not that long ago believed we needed nine justices on the Supreme Court, are ready to fill this vacancy so Judge Gorsuch can get to work without delay.

South Dakota’s average price for a gallon of regular gasoline stands at $2.33 on Jan. 23 and is the lowest since Jan. 9, according to AAA South Dakota.

“Today’s Sioux Falls price average of $2.29 is actually the lowest it’s been since Dec. 28th of last year,” said Marilyn Buskohl, spokeswoman for AAA South Dakota. “Rapid City’s price average of $2.24 is the same as one week ago.”

Current Price Averages per Gallon of Regular Gasoline

Sioux Falls – $2.29, down 4 cents since 1/17/17 … up 69 cents since 1/23/16
Rapid City – $2.24, same as 1/17/17 … up 19 cents since 1/23/16
South Dakota – $2.33, down 2 cents since 1/17/17 … up 49 cents since 1/23/16
U.S. – $2.31, down 6 cents since 1/7/17 … up 47 cents since 1/23/16

The national average price of gas continues to decline as U.S. oil production increases. Today’s average price of $2.31 per gallon represents a decrease of three cents per gallon on the week, four cents per gallon on the month, and prices have moved lower for 14 of the past 15 days. Despite this recent trend lower, retail averages are up by 46 cents per gallon as compared to one year ago.

PIERRE – Plans for a new state park in the Spearfish Canyon don’t look good according to legislative leaders in the Republican Party.
They made their remarks to about 25 editors and publishers as part of Newspaper Day, an event sponsored by the South Dakota Newspaper Association.

There is a proposal to transfer 1,600 acres from federal ownership to the state for the creation of a new state park in Spearfish Canyon.
It has met with some resistance in the Black Hills.

Assistant Majority Leader Ryan Maher of Isabel said the emails he’s received from constituents have all been against the proposal.
They aren’t in support of it, Maher said. I think Spearfish Canyon is in jeopardy of not coming to fruition this session.

Senate Majority Leader Blake Curd of Sioux Falls said the only proponent of the project that he’s heard from is the governor’s office.
The west side (of the state) is becoming very vocal, said House Majority Leader Lee Qualm of Platte. I don’t see that happening.

The GOP leaders also defended this week’s actions in the Legislature as HB1069, a measure to repeal IM22, has made a fast trip through the legislative process. IM22, an anti-corruption ballot initiative, earned 52 percent of the vote in November. Its implementation has been halted by a lawsuit brought by 24 legislators contending that the measure is unconstitutional.
Curd said the overwhelming body of opinion in the Legislature is that IM22 is unconstitutional.

It would be difficult, if not impossible, for this law to stand, Curd said, defending the Legislature’s moves to repeal the measure without replacement laws in place.

We think that starting with a fresh slate is imperative, Curd said.

The Legislature is doing anything but rejecting what the voters said.

Republicans will concentrate on laws dealing with campaign finance reform, accountability and a lobbyist gift ban according to Assistant Majority Leader Kent Peterson of Salem.

A lot of it mirrors the intent of IM22, Peterson said.

As the third week of the 92nd Legislative Session wrapped up, we once again find controversy plaguing the legislature. As most have heard on local and national news, South Dakota is at the forefront with the repeal process affecting Initiated Measure 22. This measure passed by a majority vote of electors. This measure, was passed in response to the citizens’ call for urgency in accountability, ethics and campaign finance reform.

While I do agree that the measure was not properly written, I do believe that the intent of the voters is clear – we want transparency and accountability in our government – federal, state and local.

My deepest concerns with HB 1069, the bill to repeal IM 22, is the fast track it has been placed on, and in my opinion, without cause to do so. Judge Mark Barnett has placed an injunction on the measure, thereby, making it impossible for it to take effect until further court action is taken. I believe we have the cart before the horse – we need to pass legislation that will answer the concerns of the voters, in all areas that IM 22 addressed, and then perhaps take action on a full repeal. This measure has an emergency clause attached to it, which if passed and signed by the Governor, will not allow the bill to be referred to a vote of the people. Clearly a misguided attempt to shut down the voice of the people. HB 1069 passed the House overwhelmingly and is not in the hands of the Senate. In a few short days, we will know the impact of HB 1069 and the fate of IM 22.

On a brighter side, we continue to move bills through the committees. House State Affairs has been working through bills from the Secretary of State regarding enhancements to the election statutes, clearly because of challenges to petitions filed in the 2016 election. I am supportive of the Secretary’s attempts to make sure that all procedures are proper and transparent for all in the election process. The final day to drop bills is rapidly approaching – Thursday, February 2nd. We are certainly down in the number of bills filed, which is to be expected with a new class of legislators, but every bill is important and deserves it’s hearing and vetting in this process.

This column is rather short, but I guarantee as the process picks up pace, there will be much more to report. As always, thank you for the opportunity to serve and represent the good folks of District 21. Please feel free to contact me at Julie.bartling@sdlegislature.gov or call me cell at 605-222-3378. I appreciate so very much hearing from all on issues of concern. Thanks and have a great week. Rep. Julie Bartling District 21

Week 3 is complete. It was filled with committee work, bill filings and introductions. The unlimited bill introduction deadline has passed, and as you are reading this the final 3-bill introduction rule of February 2nd is upon us. This means that after the unlimited bill introduction deadline, each legislator is only allowed to submit three more bills for consideration before the February 2nd deadline. So far there have been 268 bills filed.

In Senate State Affairs this week we heard HB 1069, which is the bill that would repeal Initiated Measure 22 that was passed by a majority of voters on the ballot in November. IM 22 is the South Dakota Government Accountability and Anti-Corruption Act that sought to limit lobbyist gifts, create a publicly funded campaign system, reform campaign finance, and set up an ethics commission. A lawsuit was filed, mainly by legislators, and they were granted a preliminary injunction so IM 22 is currently enjoined by our court system. The courts have not made a final ruling on IM 22, and it is subject to a trial and appeal. As a legislature, the first three weeks of session have been dominated discussions on this measure.

We need to do whatever we can to make sure that state government works efficiently and effectively for all the citizens of South Dakota by ending old and preventing new corruption and conflicts of interest. I believe that making state government work better for all South Dakotan’s begins with listening to the voters when they speak at the ballot box. That is why I am opposed to the complete repeal of the voter-approved Initiated Measure 22, which passed by over 52% of the vote. I will do all that I can to make any needed clarifications and corrections to this law, but I want to be clear that it has not been ruled unconstitutional like some members of the legislature have claimed. A preliminary injunction has been granted, but that is in no way a final ruling on this measure. IM 22 deserves to have its day in court and should follow appropriate legal channels. It is clear that the public is demanding more transparency in state government, campaign finance reform, and strong conflict of interest laws. We should respect that demand.

One of the most frustrating parts of this process over the last three weeks has been the unprecedented urgency and extraordinary measures used to railroad the repeal of IM 22 as quickly as possible. Because it is currently enjoined, it will not take effect until it has finished its journey through our court system. Thus, the speed and unfamiliar legislative procedure appear to me only as a way to usurp the will of the voters and end the inconvenience of new campaign finance rules for legislators. Even if you did not vote for IM 22, we should all be concerned about these questionable tactics, as they are an example of exactly the reason why voters are asking for more transparency in state government.

HB 1069 also has an Emergency Clause attached to it, which means if passed it goes into effect immediately instead of July 1st like most new laws. By doing this, there is no option for opponents of this measure to gather signatures and refer it to a vote of the people. I see no other reason to put an Emergency Clause on this bill other than to take away the peoples’ voice in this discussion, and I believe it is an unconstitutional use of the Emergency Clause function per Article III § 1 of the SD Constitution

While I agree IM 22 was not perfect—few bills or ballot measures are—perhaps if the legislature had passed the ethics legislation and campaign finance reform measures proposed in the past several years instead of killing the reforms on party-line votes, South Dakotans might not have felt the need to pass IM 22.

Finally, the last big issue I have with this process is that many of the sponsors of HB 1069 are also the same legislators that filed the lawsuit against IM 22. These legislators are voting on a bill that would repeal a law that they filed a lawsuit to strike down. If IM 22 is repealed by the legislature, then that lawsuit is null and void. To me, there is no better example of a conflict of interest. The legislators that are plaintiffs in this lawsuit should recuse themselves from voting on IM 22.

I have introduced several bills to address issues in our district and on behalf of members of our district. SB 110 would create a teacher tuition reimbursement program for teachers committing to teach in a rural area for three years. SB 111 would provide increased support for child care costs for working families. SB 112 would allow school boards to refer their decision on a four or five day school week to a vote of the people. HB 1094 would allow landowners to transfer two deer hunting licenses from immediate family to another South Dakotan. I will submit a bill this coming week to create a pilot program for state funded Pre-K education, as we are one of only five states that do not offer state support for Pre-K education. I will also be introducing a bill to fix the school funding formula for schools that were affected by declining enrollment, which I feel is a top priority.

As a legislature, we often spend far too much time on “fringe issues,” and we need to get back to more discussions on how we grow and support rural South Dakota economic development. I am working on several measures that will do just that by putting the focus back on rural South Dakota. A couple examples of this are fully funding the Building South economic development program that focuses on the rural housing crisis, as well as Career and Technical Education at the high school level. I am also working on increasing funding for South Dakota’s Needs Based Scholarship program, which will help our high school students in low to moderate income families attend college. Increased support for child care costs and Pre-K education will also go far in keeping dollars in your pocket. Child care costs have gotten out of hand, and our current system is forcing people to stay at home to take care of kids rather than joining our workforce.

All of these proposals are being funded with dollars currently available in our budget, by cutting wasteful spending and putting our priorities where they belong. No tax increases are necessary for any of these programs. Our number one goal at this point should be making sure that working families are getting ahead, especially since our number one industry—agriculture—is going through hard times.

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