2018 South Dakota Legislative Session Archives - Page 2 of 2

2018 SD Legislative Sessions – Dan Ahlers Week 4 Update

February 4, 2018 by Matt Larson, Big Sioux Media

Greetings from Pierre. This week, I will provide an update on a few bills of interest as well as an update on the Appropriation budget hearings.

A reoccurring theme this session has been the need for more skilled workers in South Dakota. We have workforce shortages in many areas of our economy. Even our state agencies struggle with recruitment. Higher wages in our neighboring states has been a contributing factor. Despite these shortages and low wages, some legislators are submitting bills that jeopardize workforce recruitment. HB 1197 and 1199 seek to strip local school teachers and higher-ed professionals of their collective bargaining rights. Keep in mind, unions in South Dakota have very little power and that neither school districts nor universities are supporting these bills. Collective bargaining can be a tool to ensure a competitive living wage. These bills send a message to potential job seekers that we don’t value education or job experience.

Last year’s ballot initiatives and constitutional amendments enacted policies that some lawmakers were unwilling to accept. The result was a repeal of IM-22 passed by the voters in 2016. This year, some legislators are trying to limit your voice at the ballot. HJR 1008, if passed, would require any constitutional amendment passed by the people of South Dakota to be approved by the legislature. SJR 1, if passed, would require a 55% majority for any amendment to the constitution. A constitutional amendment already requires more signatures than a ballot initiative. Both resolutions suggest that voters are not competent to make an informed decision. If legislators were doing a better job of listening to the voters, these resolutions, ballot measures and constitutional amendments wouldn’t be necessary.

In Appropriations, we heard budget requests from the Board of Regents. The universities budgets remain relatively flat compared to last year. Mike Rush, the executive director, emphasized the importance of funding a needs-based scholarship program. In South Dakota, we average about $14 per student. Surrounding states fund needs-based scholarships at an average of $1,000 per student. In order to adequately fund this program, Dr. Rush says we would need to appropriate approximately $3.3 million in funding each year. Keeping the cost of post-secondary education down is another way for this state to develop a stronger workforce. Having a robust needs-based scholarship could provide additional opportunities to students who could not otherwise afford a degree.

BOR also outlined legislation for facility construction and renovation. The USD Dakota Dome will be getting a face lift. The Dakota Dome was built in 1979 for $8.2 million and seats 10,000 people. This upgrade will be a $26 million renovation. The renovation will include an upgrade to bathroom facilities, additional seating and a new HVAC system. Improvements will also include upgrades to the exercise facility, classrooms and field functionality. The money for this project will come from bonds, donations and the higher education facilities fund.

The School for the Blind and Visually Impaired is building a new $13.5 million facility. HB 1071 will allow for the construction of a 50,000 square feet building. The new facility will include classrooms, gym, residential area, staff offices and a playground. The current facility is 55 years old and requires significant maintenance and repair. The building would require new lighting, HVAC and wiring to meet today’s electrical and technology standards. If the state would decide to renovate, it would be at the expense of taxpayers. The new facility would be paid for by a donation.

SB 50 will authorize the construction of the American Indian Student Center at SDSU. The current student center is located in the basement of another building. President Dunn made improving student services to Native Americans a priority. Because many native students come from poverty and troubled backgrounds, Dunn believes it is essential for these students have a secure and supportive place at the university to ensure a higher level of success. President Dunn cites the success of similar programs in states like Montana. The new facility will be paid for through $4 million in donations and a $500,000 expenditure from the School and Public Lands annual allocation.

It will be important to hear from you during session. I would appreciate your input on any issue or concern. You may email me at dan.ahlers@sdlegislature.gov.

2018 SD Legislative Sessions – Tom Pischke Week 4 Update

February 4, 2018 by Matt Larson, Big Sioux Media

The South Dakota Legislature concluded its fourth week of session on February 2nd. Below are some of the notable bills currently being considered.

SENATE BILLS

• SB 46 changes the rules for South Dakota schools with regards to the use of restraint and seclusion. SB 46 requires the school to notify parents in the event of a restraint, prohibits prone restraints, and forbids schools to confine children involuntarily. SB 46 passed Senate Education 5-1 and passed the Senate floor 32-3.

• SB 84 prohibits any state agency from entering into a confidential settlement with a third party. All settlements requiring monetary damages or equitable relief shall be a matter of public record. SB 84 passed Senate Judiciary 5-2 and passed the Senate Floor 21-13.

• SB 105 allows a physician to administer a toxicology test on a newborn baby (neonate is the first 28 days of life) if the child exhibits symptoms of illness related to drug abuse. SB 105 includes a provision to exempt a healthcare provider from criminal and civil liability both if this test is administered and if in good faith the provider decides against performing a toxicology test. SB 105 passed Senate Health and Human Services 6-1 and passed the Senate Floor 33-2.

• SB 64 changes the penalties for trafficking a minor. Previously, the criminal penalty for attempted trafficking was less severe than if the trafficking was completed. However, since many human traffickers are caught in stings, which only allows a criminal charge for attempted trafficking, in that scenario the offender would receive half the prison sentence. SB 64 changes statute so that attempted trafficking and trafficking both receive the same criminal penalty. SB 64 passed both the Senate Judiciary Committee and the Senate floor unanimously.

• SB 79 would allow independents to sign nominating petitions for candidates. Current law only allows members of the candidate’s party to sign nominating petitions. This bill passed State Affairs with no opposing votes and it passed the Senate Floor 24-10.

HOUSE BILLS

• HB 1008 allows the Secretary of Transportation to set temporary variable speed limits in the state trunk highway system and interstates. The bill is meant to be used in cases of severe weather, road conditions, or road work. Violations of the temporary speed limit would be a class 2 misdemeanor. This bill passed the House Transportation committee 12-0 and passed the House Floor 52-16.

• HB 1093 Allows insurance policies to be printed in languages other than English. HB 1093 passed the House Commerce and Energy Committee 9-4 and passed the House Floor 57-11.

• HB 1073 protects free speech on South Dakota’s college campuses. HB 1073 prevents South Dakota’s public college campuses from limiting free speech as outlined in the first Amendment unless the speech involved includes a direct threat or other forms of lawless behavior. HB 1073 will be heard in the House Judiciary Committee Friday February 2nd.

• HB 1081 expands the sunset clause for the non-meandered waters compromise until 2021. This bill passed House State Affairs 11-1 and passed the House Floor 51-12. This bill will be heard in the Senate Agriculture and Natural Resource Committee later this week.

• HJR 1001 would change the current law regarding legislator pay and amend the Constitution to make it one fifth of median South Dakota pay. This resolution would submit the issue to the ballot for the voters to approve the change. This resolution passed out of House State Affairs 9-3 and passed the House floor as amended 38-26.

If you have any questions and/or comments on these bills or any other legislation, please email me at tom.pischke@sdlegislature.gov

2018 SD Legislative Sessions – Dan Ahlers Week 3 Update

January 29, 2018 by Matt Larson, Big Sioux Media

Greetings from Pierre. This week, I will provide an update on a few of the bills that I am bringing this session as well as an update on the Appropriation budget hearings.

Last week, I talked about HB 1089, which repeals the SD Certified Beef Fund. Some members of the agricultural community reached out this week and wanted to salvage this underutilized program. In the spirit of cooperation, I recommended to the committee we hold of action on this program for 1 year. During the summer, we will look at ways to improve the current program and sources of funding. Last year, the legislature voted (which I opposed) to sweep $100,000 from this fund to balance the state budget. The fund sweep left the current balance in this fund at $564.05.

On Thursday, HB 1076 passed out of House Taxation by a vote of 13 to 1. This bill will give townships the ability to use their current tax levy for fire protection to include emergency medical services. Many of our local townships had been supporting ambulance services until a judge ruled that it violated state law. I was approached by the President of the Minnehaha Towns and Township Board to sponsor this bill to fix the problem. This bill does not raise taxes, but it allows more flexibility and control at the local level.

In Appropriations, we continued state agency budget hearings. We reviewed budgets for the Department of Corrections, Military and Veterans Affairs, Health and Human Services and the Attorney General’s Office.

Despite the Governor’s criminal justice reform initiative, prison populations continue to grow. We are near or at capacity in all of our prison facilities. In order to help address some of the challenges facing our corrections system, the Appropriations Committee will recommend the department go through the LEAN process. The LEAN approach is aimed at waste minimization. The goal is to improve the process used to release and integrate non-violent offenders back into the population and reduce the recidivism rate. The Appropriations Committee has recommended that other departments like BIT and the Department of Revenue complete this process. The results have been encouraging. Each of these departments has improved its customer service and shown an increase in productivity without increasing costs.

Humans Services provided their annual report on provider reimbursement rates for community-based service providers. This year’s appropriation was intended to get providers to 100% of cost. Unfortunately, it appears this reimbursement rate scale is flawed. Providers, like nursing homes, still struggle to pay competitive wages and keep up with rising health care costs. Many nursing homes are contracting with temp-labor agencies to fill vacant positions. Due to low Medicaid reimbursement rates, many nursing homes are turning away high risk patients. Many of these patients end up in facilities out-of-state and away from their families.

The Attorney General’s Office gave a positive report. Last year, the AG forecasted increased costs and the need for additional staff due to reporting requirements from Marsy’s Law. In this year’s budget, Jackley recommended a reduction in spending authority and staff because Marsy’s Law did not have the anticipated increased expenses. Jackley also recommended that we reinstate the Governor’s proposed cuts to Elder Abuse Task Force. The Governor’s cuts include one prosecutor and one investigator. These positions are needed due to an increase in elder fraud cases. This program has been highly effective and in 2017 resulted in restitution of $232,476 from convictions.

It will be important to hear from you during session. I would appreciate your input on any issue or concerns. You may email me at dan.ahlers@sdlegislature.gov.

2018 SD Legislative Sessions – Tom Pischke Week 3 Update

January 28, 2018 by Matt Larson, Big Sioux Media

The South Dakota Legislature concluded its third week of session Thursday. Below are some of the notable bills currently being considered.

SENATE BILLS

•SB 67 expunges the criminal record of sex trafficking victims under the age of 18. Minors who are found to have been a part of a trafficking ring may apply to the court for expungement provided they did not engage in other criminal activities. SB 67 passed both Senate Judiciary and the Senate floor unanimously.

SB 56 changes the eligibility and requirements for disabled and elderly individuals to receive refunds for sales tax and property tax. This bill contains an emergency clause and it passed Senate Appropriations and the Senate floor without opposition.

•SB 11 changes the time frame in which a ballot committee may submit their proposal to LRC. This bill passed Senate State affairs with one no vote and passed the Senate Floor 30-3

•SB 10 provides a solution in the event there are two ballot measures in conflict with one another in the same election year. While a Constitutional Amendment would still supersede a change in statute, if two laws conflict the one with the most votes would be the winner. This bill passed both Senate State Affairs and the Senate floor without opposition.

•SB 9 would require a fiscal note, compiled by LRC, to accompany both initiated measures and constitutional amendments to determine the cost or lack thereof to the state upon passage. This bill passed Senate State Affairs 7-2 and Passed the Senate Floor 29-6

•SB 79 would allow independents to sign nominating petitions for candidates. Current law only allows members of the candidate’s party to sign nominating petitions. This bill passed State Affairs with no opposing votes and it passed the Senate Floor 24-10.

HOUSE BILLS

•HB 1058 removes the requirement for the superintendent of the South Dakota School for the Deaf to be proficient in sign language. The reason for this change is that the School for the Visually Impaired and the School for the Deaf have now been combined. This bill passed House State Affairs unanimously and passed the House Floor with two no votes.

•HB 1103 requires State agencies to properly display the Great Seal of South Dakota. This bill contains provisions to protect satirical renderings to remain consistent with the First Amendment. This bill passed House State Affairs with no opposition.

•HB 1032 Exempts credit unions from the requirement to licensed real estate brokers. This bill passed House Commerce and Energy with no opposition and passed the House Floor 46-19.

•HB 1081 removes the sunset clause for the non-meandered waters laws. This bill passed the House Floor 51-12.

•HB 1100 requires a printed name to go along with a signature on all public contracts. The reason for this change is a public contract involving an illegible signature. This bill passed State Affairs unanimously and passed the House Floor with only one no vote.

•HJR 1001 would change the current law regarding legislator pay and amend the Constitution to make it one fifth of median South Dakota pay. This was vigorously debated on Thursday, January 25th. I voted No on the bill but it still passed the House Floor 38-26.

If you have any questions and/or comments on these bills or any other legislation, please email me at tom.pischke@sdlegislature.gov

2018 SD Legislative Sessions – Dan Ahlers Week 2 Update

January 21, 2018 by Matt Larson, Big Sioux Media

Greetings from Pierre. This week, I will cover a few of the bills that I am bringing this session as well as an update on the Appropriation budget process.

With all the new laws written and approved each session, it is equally important to remove unnecessary laws. In 2005, the state created the South Dakota Beef Program. While this program never really got off the ground, money was put into a Certified Beef Fund to administer this program. Over the last 10 years, the fund has paid auditing fees and has been swept by the legislature to balance the state budget. Today, $564.05 remains in the fund. HB 1089 will repeal this legislation and transfer the remaining money into the Rural Rehabilitation Fund under the Department of Agriculture. The state will continue to maintain the South Dakota Beef trademark and will be able to administer its use through the Department of Agriculture.

During session, legislators often work and vote on bills that cleanup mistakes from previous years or old and redundant language. In HB 1077, I will replace the term “mentally retarded” with “intellectually impaired.” In 2010, Congress passed Rosa’s Law which changed references to “mental retardation” to “intellectually impaired” in federal law. The change comes from the negative use and connotations of the term “mentally retarded.” This term is considered extremely offensive for whom the term is applied.

One of Dennis Daugaard’s priorities during his tenure as governor has been the sale of surplus property. If the state does not have a use for land or a building, it should be sold and returned to the tax roll. The question becomes what is the best use of the money from these sales? Sometimes, the property is held in trust. If trust land is sold, the money from that sale returns to a trust fund under School and Public Lands. The money earned is then used to for the purpose of the trust. For example, when STAR Academy was sold, the proceeds went to a Corrections Trust. Each year, a disbursement from this fund goes to fund the corrections training program.

Last year, we voted to sell surplus property from the Veterans Home in Hot Springs. Because the land is not held in a trust, the money goes to the General Fund. I have introduced HB 1090 to appropriate the money from this land sale to the Michael J. Fitzmaurice Endowment Fund. This fund was created by the South Dakota Department of Veterans Affairs to benefit the activities of the veterans at the SD Veteran’s Home. I believe this is the best use of these dollars. If the money remains in the General Fund, we will spend it this year and it will be gone. We can take these same dollars and place them in the endowment. Doing this will cause the endowment and the annual disbursement to grow each year. The money we invest today will continue to serve our veterans long after we have left this earth.

In Appropriations, we continued` state agency budget hearings. We reviewed 10 state agency budgets including Transportation, Revenue, Tourism, and Game, Fish and Parks. Most departments have requested minimal or no increase in spending. The Appropriations Committee is concerned with the governor’s no increase recommendation in wages for state workers. South Dakota lags behind its neighbors in state wages. The state also pays far less than the private sector for similar jobs within the state. This disparity has made it difficult for state agencies to fill vacant positions. With many “Baby Boomers” retiring from the workforce, the problem is compounded. The Appropriations Committee has made it a priority to find the funding to provide some kind of increase this year for state workers.

It will be important to hear from you during session. I would appreciate your input on any issue or concerns. You may email me at dan.ahlers@sdlegislature.gov.

2018 SD Legislative Sessions – Tom Pischke Week 2 Update

January 21, 2018 by Matt Larson, Big Sioux Media

The South Dakota Legislature concluded its second week of session on Friday. This week’s session included the annual memorial service and finished up the reports executive agencies give to legislative committees.

• SB 44 establishes licensing for gaming manufacturers and distributors and establishes a licensing fee. This provision is for “Associated equipment manufacturer or distributor,” any person who designs, assembles, fabricates, produces, constructs, sells, leases, or otherwise prepares a product or component of any associated equipment.

• HB 1004 allows the state Board of Elections to regulate the font size and the petition size of initiated measures, referred laws, etc.

• HB 1003 is a language clarification of a previously passed bill allowing certain entities to make political contributions. The language in the previous bill did not require these entities to itemize those contributions. HB 1003 requires all donors to political committees to itemize contributions over 100 dollars. This bill has an emergency clause to ensure that political committees are statutorily required to itemize contributions from these entities.

• HJR 1001 fundamentally alters how legislator pay is set. The resolution would change the South Dakota Constitution so that rather than legislators voting on a pay raise, legislator pay would be one fifth of the most recent median South Dakota Household income as provided by law. Other employees of the legislature would stay as is and their pay would still be the purview of the legislature. Legislators have not had a pay increase since 1999. Increasing legislator pay would grow the pool of future potential legislators who at this time simply cannot afford to run for office.

• SB 9 would require a fiscal note, compiled by LRC, to accompany both initiated measures and constitutional amendments to determine the cost or lack thereof to the state upon passage.

• HB 1006 is similar to SB 9. The bill would require the director of LRC to deliver comments on any initiated measure or Constitutional amendment no later than 15 work days after the submission by the sponsor of the measure. The director’s written comments under this section shall include assistance regarding the substantive content of the initiated measure or initiated amendment in order to minimize any conflict with existing law and to ensure the measure’s or amendment’s effective administration. This change is in response to the numerous errors in the IM 22 language and would provide more information and transparency to voters for future ballot initiatives. However, the bill also includes a provision that any initiative sent to LRC from the first day of December to the day of adjournment sine die of session the lrc director shall be given 15 days following adjournment sine die to provide comments.

STATE OF THE TRIBES

At the end of last week the chairman of the tribes delivered the state of the tribes address. Lower Brule Chairman Boyd Gorneau touched on reconciliation, the meth epidemic and urged the legislature to expand Medicaid.

NON MEANDERING WATERS

Governor Daugaard is proposing to extend the sunset by three years, from 2018 to 2021. This week there was an informational meeting about the issue. While the compromise reached this summer could stay in place it is likely this issue will be debated again during the session.

STATE OF THE JUDICIARY

Last week Chief Justice Gilbertson delivered the State of the Judiciary Address. Justice Gilbertson spoke about the rising meth epidemic and the issues surrounding it. However, he was optimistic that the state’s experiment with drug courts is working and urged the legislature to expand the program to include inpatient treatment for the most severe addictions.

EXECUTIVE APPOINTMENTS

On Thursday 3 executive appointments had hearings in the Senate Education Committee. Former state representative Jacqueline Sly was appointed to the South Dakota State Board of Education Standards. Becky Guffin was also appointed to the South Dakota Board of Education Standards and Don Kirkegaard was appointed to be the interim Department of Education Secretary. These appointments passed the Senate Education Committee and will be heard in the Senate on Monday.

VETERANS CEMETERY

Veterans groups have been advocating for a state cemetery on the east side of the state. The bill for the project would be around 600,000 dollars. However, most of those funds will be secured from the federal government. Ongoing maintenance costs would be paid by the state. However, a portion of those fund are likely to be raised privately by veteran’s groups.

Please let me know if you have any questions.

Thanks,

Rep. Tom Pischke

District 25

2018 SD Legislative Sessions – Tom Pischke Week 1 Update

January 16, 2018 by Matt Larson, Big Sioux Media

On Tuesday, Governor Dennis Daugaard gave his final state of the state address as Governor of the great State of South Dakota. State government faces several challenges as we prepare to budget for the coming year, but there are many bright spots on the horizon.

– Sales tax revenues continue to lag behind projections and revenues are tight. We will need to continue to watch revenues over the next two months to ensure we adopt a structurally balanced budget in March. Part of that is due to weak sales tax collections from a strained farm economy, and part is due to on-line and out-of-state retailers.

– The state has taken several steps over the years to try to collect more online retailers to encourage them to remit taxes. The state has reached an agreement with Amazon to collect and remit state and local sales taxes in South Dakota. Amazon began to voluntarily to collect sales tax on February 1st and began remitting in late March.

– Over the past six years, the legislature has passed a repeal over 4,000 sections of obsolete or unnecessary laws and rules, accounting for nearly 470,000 words. We will be proposing more of these bills this year.

– Two years ago, we started to create new conflict of interest standards for state employees. After one year’s experience, there will be legislation this year to clarify and streamline that law so that boards, commissions and school boards can achieve our objective of bringing transparency to these situations.

– South Dakota has now obtained AAA ratings – the highest possible – from all three major credit agencies. The AAA rating saves money when our tech schools, universities, and hospitals issue bonds – we get a lower interest rate because of our bond rating. We have balanced our budget for 128 years and recently placed an explicit requirement for a balanced budget in the constitution.

– Regular maintenance of state-owned facilities prevents larger problems in the future. But we also need to constantly reevaluate our need for the facilities that he have. The Governor is proposing to sell and repurpose unneeded and obsolete State-owned buildings across the state. We owe it to taxpayers to keep the state’s footprint to a minimum, to avoid spending tax dollars on maintenance of unneeded facilities and to return these properties to the tax rolls when possible.

– The total prison population today is lower that it would have been without reforms, but it is higher than we predicted it would be when we passed the Public Safety Improvement Act. We believe it’s due to the increase in methamphetamine trafficking. The Governor is proposing a joint drug interdiction task force, comprised of four new Highway Patrol officers, joined by designated agents of the Division of Criminal Investigation. There is a very close correlation between the increase in drug trafficking and the increase in meth arrests and convictions in South Dakota. We need to stop meth from coming into South Dakota.

– The Governor stressed that we need to find a way to stop out-of-state organizations from experimenting with South Dakota’s constitution and laws. These groups have no ties to our state and often don’t even disclose the source of their funds. They are using our state’s low signature requirement and cheap media markets to attempt to pass 15 constitutional amendments and initiated measures that advance their national agenda but don’t address problems seen in South Dakota. This session, we need to work together to find a way to protect our state from interference by out-of-state groups, while preserving our citizens’ access to direct democracy, so issues that do concern our grassroots can be raised, but not by people who don’t even live here.

If you have concerns about upcoming legislation or ideas to make our state better, please contact me at Tom.Pischke@sdlegislature.gov.

2018 SD Legislative Sessions – Dan Ahlers Week 1 Update

January 12, 2018 by Matt Larson, Big Sioux Media

Dear Constituents,

Thank you for choosing me to represent you in Pierre. Each week during session, I will give updates on issues in Pierre. This week I will cover the impact of Federal Tax Reform, Medicaid, and the state budget.

The passage of the federal tax reform will impact several aspects of state government. Fortunately, the version that passed preserves the tax credit for bonding. Had this provision been removed, the cost for publicly bonded facilities, like schools, would have increased significantly. There is a 15% reduction in the Federal Low Income Housing Tax Program. This program provides tax credits for low income and affordable housing. These tax credits are tied to the corporate tax rate. The corporate tax rate was cut from 35% to 21%. This cut certainly benefits South Dakota corporations, but will compound the affordable housing shortage and the recruitment of much need workers in South Dakota.

The State will be proposing changes to the Medicaid program. The Governor is working with IHS (Indian Health Services) to get full federal reimbursement for tribal members even if the services are provided by a non-IHS facility. Currently, state Medicaid pays more than 96 million dollars for native health care services. The state has also filed an 1115 Medicaid waiver. A section 1115 waiver provides states an opportunity to test existing or pilot new ways to deliver and pay for health care. The State is proposing a two year pilot program in Minnehaha and Pennington counties that would impact approximately 1,300 Medicaid recipients. Participants would be automatically enrolled in an intensive employment and training services within the Department of Labor.

In Appropriations, we began state agency budget hearings. Thus far, we have reviewed the budget and funding requests for thirteen agencies. These budgets include the Governor’s Office, Legislature, Secretary of State and the Governor’s Office of Economic Development. The Governor has recommended no inflationary increase to education, most Medicaid providers and state employees. We continue to struggle recruiting teachers, health care professionals in Medicaid supported facilities (like nursing homes) and in state government. Many of our surrounding states pay more and offer better benefits. We have a workforce shortage in South Dakota. Comparable pay is a real workforce development challenge. I am concerned that if we do not find money to provide some increase to these areas, it will further compound our existing problems. One of the more interesting items from our budget hearings came from the Public Utilities Commission (PUC). Due to the corporate tax cuts at the federal level, the PUC is requiring the utility providers to return these savings to rate payers. This may take two years to fully realize results, but South Dakota taxpayers should see some kind of rate reduction or rebate from their utility providers.

It will be important to hear from you during session. I would appreciate your input on any issue or concerns. You may email me at dan.ahlers@sdlegislature.gov.

« Previous Page