The 94th session of the South Dakota Legislature is nearly over with 3 days left this next week and veto day which is the 29th of March. The final week will be very busy, as this week was, while we get through all of the remaining Senate bills and make decisions for the finalizing of the budget for the State.

Legislators passed House Bill 1087 from the House with a vote of 44 to 24. This bill is called the “free speech bill” as it promoted free speech and intellectual diversity at institutions of higher education. The bill required the board of Regents to promote intellectual diversity among college faculty and staffs. The bill was passed onto the Senate and the Senate State Affairs Committee defeated this bill by sending it to the 41st day. On the same day, USD stopped students from having a “Hawaiian Day” party because it “violates the school’s policy on inclusiveness”. The law school administrators also advised the students not to distribute the traditional flower garlands often given to tourists in Hawaii because using items of cultural significance might be viewed as inappropriate indigenous cultural symbols. This week, the Senate State Affairs reconsidered the bill and two days later passed it out of State Affairs. On Thursday the Senate passed the “free speech bill” on a vote of 26-7 and now it moves to a Conference Committee and then to the Governors desk.

SB 189 and SB 190 are two bills that Governor Noem and her staff developed with serious negotiations with Keystone XL Pipeline. The bills are to ensure the Keystone XL pipeline and other future pipeline projects are built in a safe and efficient manner while protecting our state and counties from extraordinary law enforcement costs in the event of riots. Governor Noem said she wants to make sure there’s enough funding so local governments don’t bankrupt themselves during construction. She also wants officials to be able to aggressively pursue people who financially back violence and gain access to those funds as well. These bills come after opponents of the Dakota Access oil pipeline staged large protests that resulted in 761 arrests in southern North Dakota over a six month span beginning in late 2016. ND spent over $40 million in law enforcement plus multimillion $$ in clean up of the protestors camp sites.

This is a pro-active plan that spreads the risk and cost of law enforcement for pipeline projects among the State, counties, federal government, pipeline companies and rioters. It will ensure safe and secure pipeline construction while protecting free speech. SD benefits from these pipeline projects. The state receives construction and excise taxes during construction and the county receives property taxes afterward. The opposition to slow or stop these major energy projects is growing more sophisticated and well-funded by the day. We support free speech and freedom of assembly but these protests are turning into riots. These riots are nationally-coordinated and nationally-funded efforts to stop these projects through chaos and law-breaking.

The legislative package has two parts. First, it creates the Pipeline Engagement Activity Coordination Expenses (PEACE) fund for the coordination of law enforcement expenditures. This includes a transparent process for fees and other funds to be collected through a variety of sources to pay for the extraordinary costs associated with the pipeline construction incurred by the state and counties. In other words, the companies putting in the pipelines will share in the cost of law enforcement expenditures so that the counties and the state of SD are not stuck with the entire bill as ND was. Second, it creates a second fund and legal remedies to pursue out-of-state money funding the riots aiming to shut down the pipeline build. This legislation allows us to follow the money. Many of these out of state rioters are funded by out of state money with the goal of shutting down the pipeline construction. This is riot-boosting. We are going to create the legal ability to go after these funders and shut them down. Both bills passed the Senate and House with a super majority on Thursday and move on to the Governor’s desk for signature.

SB 176 is a bill to make an appropriation for the second century habitat fund. This bill came to the legislature at the request of the Governor’s office. The Governor would like to set up a fund of $1 million to pay farmers $50 per acre of unproductive land to put it into habitat for pheasants. The Senate passed this bill with only 9 nays. It came to the House and has been fought the entire way. Pheasant hunting brings in $18 million in taxes each year. This is crazy how some of those who consider themselves the most “conservative” cannot see the benefit of economic development and ensuring SD remains the pheasant hunting capitol of the US. The bill after many amendments will now go to Conference Committee.

SB 115, which I was prime sponsor of, authorizes the conditional carrying of a concealed pistol in the state capitol by certain persons. This bill allows people with an enhanced pistol permit to carry in the Capitol in all areas except the Governor’s office and the Supreme Court. Those who will be carrying have to notify the superintendent of the Division of Highway Patrol, orally or in writing, 24 hours in advance plus provide the range of dates which may not exceed thirty consecutive days. The notification may be renewed without limit. This bill allows for the carry of a concealed pistol in all county courthouses with the county commissioners in any county able to wave this law. Similar laws to this have been passed in 23 states, including MN, IA and WY to ensure those working in public offices and as legislators are able to defend themselves in light of the threats of terrorism and random acts of violence. This passed the House on a vote of 44-19 and now moves to the Governor’s desk for signature.

SB 56 is a bill to revise provisions regarding the regulation of fireworks. This bill updated codes which have been in place since 1998. Some of the things this bill changed were updates in the licensing process and who can sell fireworks. It changed that there is “No Smoking” from 25 feet to 50 feet of any location where consumer fireworks are being offered for sale. Also it changes that no fireworks can be ignited within 300 feet of the premise of where fireworks are being sold, a change from 100 feet prior. This passed the House with a vote of 64-0 and moves to the Governor’s desk.

SB 96 expands application of the tax credit for contributions to a scholarship granting organization. This bill is for the Division of Insurance to grant an educational scholarship to an eligible student to cover all or part of the tuition and fees at a qualifying private school. This bill increases the amount the insurance companies can contribute from 80% to 100%. This passed on a vote of 37-26 and now moves to Governor Noem’s desk.

It has been a great pleasure and honor to serve the people of this District and State. I have appreciated all of your encouraging words, prayers and support. I welcome your ideas and questions and as always, you can contact me at Lee.Qualm@sdlegislature.gov.