2018 Capitol-ism March 2

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South Dakota Chamber Of Commerce - Capitol-ism E-Newsletter

March 2, 2018

UPDATE – Constitutional Amendments Proposed for This Year’s Election

Status Report

As reported in Capitol-ism several weeks ago, the legislature has been considering 15 potential constitutional amendments to be placed on the ballot during this election year.  It takes a majority vote of both the Senate and the House of Representatives for these measures to be put on the ballot.  Once passed by both the House of Representatives and the Senate, these measures are not subject to a veto by the Governor.

Of the 15 potential measures 12 have been tabled or deferred to the 41st legislative day.  Two will be on the ballot:

  • Marsy’s law revision
  • Super majority vote for constitutional amendments

And one is still in process with a hearing scheduled for Monday:

  • Limiting constitutional amendments to one subject

Here is the list of all 15 proposals with updates:

 

 

HJR 1001

Proposing and submitting to the voters an amendment to the Constitution of the State of South Dakota, removing the

Legislature's authority to set legislator salaries for a regular legislative session. Sets pay at 1/5th average household

Income.  Passed House 38 - 26  Update – Tabled in State Affairs Committee by a vote of 6-Yeas to 0-Nays

HJR 1002

Proposing and submitting to the voters at the next general election an amendment to the Constitution of the State of

South Dakota, regarding filling legislative vacancies. Allow legislature to fill vacancies rather the Governor – awaiting

Hearing.  Update – Deferred to 41st day (killed) in House Judiciary Committee by a vote of 7-Yea to 4-Nay

 

 

HJR 1004

Proposing and submitting to the electors at the next general election a Constitutional amendment to repeal certain

provisions relating to the rights of crime victims. Amend Marsy’s law.  awaiting hearing  Update – Passed the House

65-Yea to 0-nay; Passed the Senate 27-Yea to 8-Nay.  Will be on the ballot perhaps in June??

HJR 1005

Proposing and submitting to the voters at the next general election an amendment to the Constitution of the State of

South Dakota, relating to fishing, hunting, and trapping. Affirms the right to hunt.  Awaiting a hearing  Update – Deferred

To 41st legislative day by House committee (tabled) by a vote of 11-Yea to 1-Nay

HJR 1006

Proposing and submitting to the electors at the next general election an amendment to the Constitution of the State of

South Dakota, relating to amendments to the Constitution. Amendments limited to one subject.  Awaiting a hearing

Update – Passed the House 56-Yea to 11-Nay, Hearing on March 3rd in Senate St Affairs Committee

HJR 1007

Proposing and submitting to the electors at the next general election an amendment to the Constitution of the State of

South Dakota, relating to amendments to the Constitution. No longer allow constitutional amendment by initiative.

Awaiting a hearing    Update – Tabled in House committee by a vote of 13-Yea to 0-Nay

HJR 1008

Proposing and submitting to the voters at the next general election an amendment to the Constitution of the State of

South Dakota, relating to amendments to the Constitution. Amendments will require a majority vote by the electorate

and approval by the legislature.  Awaiting a hearing  Update – Deferred to 41st legislative day (tabled) in House

 committee by a vote of 7-Yea to 6-Nay

HJR 1009

Proposing and submitting to the voters at the next general election an amendment to Article III of the Constitution of the

State of South Dakota, providing for state legislative redistricting by an independent commission. Requires legislative

Redistricting by independent commission, similar to initiative submitted.  Awaiting a hearing  Update – Deferred to 41st

legislative day (tabled) in House committee 11-Yea to 2-Nay

HJR 1010

Proposing and submitting to voters an amendment to the Constitution of the State of South Dakota, revising legislative

terms of office. Changes legislative terms to 4 years, term limits reduced to two terms.  Awaiting a hearing 

Update – deferred to 41st legislative day (tabled) in House committee 8-Yea to 4-Nay (motion to “do pass” failed

on a vote of 5-Yea to 7-Nay)

Bill

Title

SJR 1

Proposing and submitting to the electors at the next general election an amendment to the Constitution of

the State of South Dakota, relating to amendments to the Constitution.  Requires constitutional amendments pass with

55% of the votes.  Passed the Senate 26 – 9.  Awaiting a hearing in the House of Representatives Update – Passed the

House on a vote of 55-Yea to 9-Nay – Will be on the ballot in November.

SJR 2

Proposing and submitting to the electors at the next general election an amendment to the Constitution of

the State of South Dakota, relating to the militia of the state.  Allows all citizens to join the state militia (currently only men). 

Passed the Senate 29 – 3.  Awaiting a hearing in the House of Representatives  Update – deferred to 41st legislative day

(tabled) In Senate Committee on a vote of 10-Yea to 2-Nay

 

 

SJR 4

Proposing and submitting to the voters at the next general election a new section to Article XII of the

Constitution of the State of South Dakota, relating to the creation and administration of a trust fund with

the net receipts from certain unclaimed property.  Proceeds from sale of unclaimed property will be put into trust fund to be

used in part for property tax reduction.  Awaiting a hearing.   Update – deferred to 41st legislative day (tabled) in Senate

Committee on a vote of 8-Yea to 1-Nay

SJR 5

Proposing and submitting to the voters an amendment to the Constitution of the State of South Dakota

regarding the maximum annual change in general fund appropriations. Limits growth of general fund to several factors

including population growth, inflation, personal income growth, growth in GDP.  Awaiting a hearing  Update – deferred to

41st legislative day (tabled) in Senate Committee on a vote of 6-Yea to 2-Nay

SJR 6

to provide for the appointment process for the secretary of the Department of Tribal Relations. Require the head of the

Department of Tribal Relations be appointed from a list submitted by the federally recognized Indian tribes.  Awaiting a

Hearing  Update – deferred to the 41st legislative day (tabled) in Senate Committee on a vote of  7-Yea to 2-Nay                                                 

SJR 9

Proposing and submitting to the electors at the next general election an amendment to the Constitution of the State of South

 Dakota, relating to the authorization of certain games of chance in the City of Yankton.  Create a gaming license for a

Nonprofit in Yankton that allow roulette, keno, craps, limited card games and slot machines.  Awaiting a hearing. 

Update – SJR was “smoked out” of committee and placed on the Senate floor calendar.  Failed Senate floor vote on

a vote of 12-Yea to 23-Nay

 

Is South Dakota About to Blow It with Wind Power?

HB 1234 – Representative Gosch (R-Glenham) - to provide for certain requirements prior to construction of wind energy facilities.

This happens regularly during legislative sessions.  A good idea that is designed to address a potential menace gets written up as a bill that really doesn’t work as the sponsor’s intend.

Such is the case with HB 1234 which seeks to protect farmers and ranchers from having wind power developers go broke and leave them with 600 foot wind towers on their property and no way to get rid of them.  Well, there is a way to take them down – and that costs $400 thousand dollars; which is exactly the point of the bill.

Here is the new language HB 1234 will add to South Dakota law:

 Section 3. That chapter 11-2 be amended by adding a NEW SECTION to read:

    A wind energy facility with a combined megawatt capability of the facility's turbines of greater than five and less than one hundred megawatts shall file with the county in which the wind energy facility is located a bond, guarantee, insurance, or other requirement to provide funding for the decommissioning and removal of the wind energy facility, (underline added) and for the restoration and reversion of the land on which the wind energy facility is located to its previous use. The bond required under this section shall run in favor of, and for the benefit of, the landowner whose property is hosting the wind energy facility. The form, terms, and conditions of the bond required under this section shall be subject to the approval of the county in which the wind energy facility is located.


Both proponents and opponents agree that HB 1234 is written vaguely and doesn’t give very specific direction regarding the amount of bond or even what the term “restoration of land . . . to its previous use” means.  This second provision might not be what the landowner wishes when the turbine is removed.

Proponents are comfortable with the lack of specifics out of a strong belief that those decisions should be made at the county level and not dictated by the state.

Opponents have a list of the bill’s shortcomings which include:

  • Counties aren’t asking for this; landowner-wind farm hosts aren’t asking for this.
  • There are no caps on bonding levels in the bill.
  • The PUC currently has rules in place for bonds for decommissioning and needs no further legislation in this regard.
  • The agreements between the projects and the farmers have clear language on decommissioning. The farmers are satisfied with the projects or they don’t sign the leases.
  • There is no direction as to how to set the bonding levels, where to set them, how to divide the money.
  • Wind is not opposed to bonds; wind is opposed to vague bills with no standards, imposing high costs and responsibilities without attainable goals and direction.

Understanding that proponents have indicated that there is no desire to kill off wind development in South Dakota only a desire to protect landowners, the Chamber will encourage the Senate to oppose HB 1234. 

Regardless of intentions, this bill is viewed as damaging to several companies that are operating in South Dakota by manufacturing wind blades, the towers themselves, those intricate trailers used to transport wind blades to the site and even repair the generators. 

These companies employ well over a thousand people in South Dakota.  The Chamber hopes the legislature will not act with disregard for the impact of HB 1234 on these companies and their workers.  One of these companies has already faced closure but received an order that will keep them operating well into this year.

The current protections in law may not be perfect, but they are strong enough to keep the wind energy safe for landowners for several years to come – while other systems can be better designed. 

 

Chamber’s Bill on Ballot Question Committees Advances

SB 128 – Haverly (R-Rapid City; Kaiser (R-Aberdeen) - revise certain provisions regarding ballot question committees.

This is the Chamber’s bill to allow ballot question committees to function in an ongoing fashion and to support/oppose multiple ballot questions during each election.  This will allow the Chamber to seek funds for ballot measures even before specific threats are filed.

The donations will be reported to the Secretary of State and money given to various ballot campaigns will also be reported by those campaigns.  The bill had its hearing before the House State Affairs Committee last Wednesday morning and was approved by that committee with a vote of 12-Yeas to 0-Nays.  Here are the legislators that voted for SB 128:

SB 128, House State Affairs, Do Pass – 2018

 

  Yeas 12   Nays 0   Excused 1   Absent 0 

 

Bartling 

Yea 

Beal 

Yea 

DiSanto 

Excused 

Haugaard 

Yea 

Hawley 

Yea 

Heinemann 

Yea 

Latterell 

Yea 

Lust 

Yea 

Mickelson 

Yea 

Peterson (Kent) 

Yea 

Rozum 

Yea 

Qualm 

Yea 

Rhoden 

Yea





 

The 2018 South Dakota Chamber of Commerce & Industry Governor’s Giant Vision Competition will be held Thursday, April 12 in Sioux Falls and in conjunction with the Governor’s Office of Economic Development Conference.   An announcement of this year’s finalists for the Giant Vision Business and Student Business Competitions will be made by March 15th.

Thank you for your support of the South Dakota Chamber of Commerce & Industry.

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