February 3, 2023
End of Week Four
The fourth week of the 2023 Legislative Session draws to a close today. It is now safe to let the children come out to play and allow the livestock some time to wander around to feed and get water. This weekend will be a good time for feeding the legislators and letting them get some rest as well.
Joking aside, Friday marks Legislative Day 17 (out of a total of 38) and the number of bills that have been introduced is 241 in the House; 209 in the Senate = for a total of 450. The deadline for bills to be submitted by legislators has passed and there will very few additional bills submitted for this session. The 2022 Session had 553 bills, approximately half of which became law and half of which were defeated during that session.
Don’t let the children wander too far away from the house.
Last Day of Discounted Registration Fee for Business Day - Details Below
Here is a look at several of the bills that are under consideration.
Business Assistance Programs Praised – Funding Changing – Work Continues
There are three programs that assist South Dakota businesses that will be getting funding from a new source of state government funds. The programs are:
- South Dakota Manufacturing and Technology Solutions
- South Dakota Small Business Development Center
- South Dakota Procurement Technical Assistance Center (now known as South Dakota APEX Accelerator)
These are joint programs, conducted with the US Department of Commerce which provides most of the funds. The state portion of the funding has been provided by the Governor’s Office using Future Funds money. The Future Fund was established as an economic development tool and was never intended to be a source of long-term programs.
The Governor is moving financial support for these programs to budgets of the Board of Regents and the Department of Education as part the regular appropriations process. These two bills set aside enough money from the general fund to support the programs for this year and next year, plus 50% of the third year.
If you are interested in reading these bills, there are links provided below.
HB 1117 - make an appropriation to support the small and mid-sized manufacturers, and to declare an emergency.
Sponsors: Bartels (R-Watertown); Crabtree (R-Madison)
Link: https:/mylrc.sdlegislature.gov/api/Documents/245630.pdf (If the link does not work, please copy and paste to your web browser.)
HB 1118 - make an appropriation to support the South Dakota Small Business Development Center and the South Dakota Procurement Technical Assistance Center, and to declare an emergency.
Sponsors: Bartels (R-Watertown); Bordeaux (D-Mission
Link: https:/mylrc.sdlegislature.gov/api/Documents/245632.pdf (If the link does not work, please copy and paste to your web browser.)
Update: These bills have passed Joint Committee on Appropriations on a vote of 12-Yea and 0-Nay.
Minimum Wage Annual Increase – Every Two Years
During the election of 2014, voters approved IM-18 which increased South Dakota’s state minimum wage from $7.25/hour to $8.50, and put into law an annual cost of living increase to be determined by the Consumer Price Index. Today, the state’s minimum wage is $10.80/hour.
HB 1181 will change the annual increase to the state’s minimum wage from an annual increase to an increase every two years.
HB 1181 - modify the annual minimum wage adjustment.
Sponsors: Perry (R-Aberdeen); Johnson (David) (R-Rapid City)
Link: https:/mylrc.sdlegislature.gov/api/Documents/247037.pdf (If the link does not work, please copy and paste to your web browser.)
HB 1208 Says that the state will not do business with companies if those companies have policies that the Legislature doesn’t like.
Have you ever thought about the kinds of businesses that you want to have as customers or suppliers? Would you avoid doing business with a company that serves food that violates your religious practices, or a company that might be putting treated waste water into a river that runs through your city? Would you do business with a restaurant that does not allow dogs inside . . . or a restaurant that does allow dogs inside? Your choice to have policies about where you will do business just might cost you any chance to have city hall as a customer.
HB 1208: An Act to prevent government entities from entering contracts with companies that promote certain economic boycotts.
Sponsors: Aylward (R-Harrisburg); Pischke (R-Del Rapids)
Link: https:/mylrc.sdlegislature.gov/api/Documents/247860.pdf (If the link does not work, please copy and paste to your web browser.)
Here is a summary from the South Dakota Bankers Association: This proposed language does the following:
- Explicitly states that banks that refuse to do business with, intending to penalize, inflict economic harm on, limit commercial relations with, or change or limit the activities of a company, for the purpose of achieving social, political or ideological interests, because the company, without violating controlling federal or state law, Engages in:
- Fossil fuel-based energy, timber, mining or agriculture
- Supports the firearm and ammunition industry
- Does not meet, is not expected to meet, or does not commit to meet
- Corporate board or employment, composition, compensation, or disclosure criteria;
- Does not facilitate, is not expected to facilitate or does not commit to facilitate access to:
- Abortion, sex or gender change, or transgender surgery
- Does business with a company described above
This type of government control over the policies of private businesses was attempted last year when a bill would have prohibited state or other government units from doing business with Citi Bank or Wells Fargo Bank because they avoid financing businesses in the firearms-related industries. The state trying to dictate corporate policies for, or worse, boycotting Citi Bank doesn’t make sense in South Dakota.
The South Dakota Chamber of Commerce opposed HB 1208 which was killed in committee this morning.
Governor’s Family Leave Proposal
Governor Noem is leading the way to expand family leave polices for the state government and to create a system that could make it possible for private companies to offer similar family leave by purchasing an insurance-like policy that would reduce the expense of maternity/paternity leave.
Currently, state employees can take parental leave for 6 weeks and receive 60% of their salary. Governor Noem is expanding that leave to 12 weeks at 100% pay. She is also looking to form a partnership with a private insurance company that would offer to cover the employees of private companies by charging a premium for all employees that would create a pool of money to cover the cost of those employees who actually use the paternal leave.
Below are the two bills that would create an option for private businesses to cover the cost of family leave and there are links to the explanations from the Governor’s office.
HB 1151: Create the South Dakota paid family leave program.
Sponsors: Weisgram (R-Pierre); Castleberry (R-Rapid City)
Link: https:/mylrc.sdlegislature.gov/api/Documents/246545.pdf (If the link does not work, please copy and paste to your web browser.)
Information: Link to document from Governor’s Office - HB 1151 (If the link does not work, please request from contactus@sdchamber.biz.)
SB 154: Incentivize a paid family leave incentive program, to make an appropriation therefor, and to declare an emergency.
Sponsors: Reed (R-Brookings); Drury (R-Rapid City)
Link: https:/mylrc.sdlegislature.gov/api/Documents/246695.pdf
Information: Link to document from Governor’s Office - SB 154 (If the link does not work, please request from contactus@sdchamber.biz.)
Business Day at the Legislature
Today is the final day to receive an early bird registration discount for Business Day. Program Chair Jafar Karim, Director of Governmental Affairs at Black Hills Energy, reminds all members that the program will feature an up to the minute legislative briefing and business caucus, moderated by Ryan Budmayr, VP of PR and Business Development at Lawrence & Schiller; guest speaker Neil Bradley, Chief Policy Officer and Head of Strategic Advocacy at the US Chamber of Commerce; and guest presenters of this year’s awards including former Governor Dennis Daugaard and US Senator Mike Rounds.
Full details and registration at https:/bit.ly/3E00P6F (or www.sdchamber.biz, under Special Events). (If the links do not work, please copy and paste to your web browser.)
Business Day is brought to you by the following generous sponsors: First PREMIER Bank/PREMIER Bankcard, Summit Carbon Solutions, BNSF Railway Company, Wellmark Blue Cross & Blue Shield of South Dakota, Black Hills Energy, Bluestem Capital, Midco, Navigator C02, NorthWestern Energy, and Xcel Energy.
Legislators are traditionally hosted to the reception by local chambers of commerce. Our thanks to the Aberdeen Chamber, Brookings Chamber, Dakota Valley Business Council, Deadwood Chamber, Huron Chamber, Greater Madison Chamber, Mitchell Chamber, Pierre Chamber, Elevate Rapid City, Greater Sioux Falls Chamber, Watertown Chamber, and Yankton Thrive for their support!
Thank you for your support of the South Dakota Chamber of Commerce & Industry!