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WEEK 5 LEGISLATIVE REPORTS

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WEEK 5 LEGISLATIVE REPORTS

By
Rocky Blare District 21
WEEK 5 LEGISLATIVE REPORTS

After spirited and emotional debate in the House State Affairs Committee, resolution HCR 6008 was passed out of committee. This resolution opposes an initiated measure to place the right to an abortion in the constitution of South Dakota.

HB1198, a resolution to revise the process for nominating candidates for the office lieutenant governor, attorney general and secretary of state. After much discussion andseveralamendments,the resolution was defeated on the House floor.

The debate over this bill took so long that I was unable to introduce Mr. Tyler Ueker and the government class from Burke who were visiting the capitol and learning first-hand how our state government works. I learned that Tyler is a third-generation teacher. Thank you for visiting and participating in state government.

SB17 which deals with residency requirements for voting in local, state, and national elections has not come to the House floor. This bill was brought by the Secretary of State’s Office. The administrative offices realize this is not a good bill and I hope they will just table it.

HB1129 is a bill receiving $7.5 billion back from SDSU that was approved to update the dairy facility. It was returned because they could not raise the additional funding from the industry for facility. The cost would have been over $50 million. SDSU will keep the Dairy Science program with students now getting personal experiences from dairy operations near the campus.

HB1199, an act to repeal provisions of the Uniform Commercial Code, failed in committee. There is concern that UCC Article 8 includes a threat to private property and the financial affairs of individual investors. In fact, UCC 8 works harmoniously with other state and federal laws to protect rights of the owners of securities. It imposes no restrictions on issuing or holding securities electronically or on paper certificates UCC Section 8 503 (a) clearly states that, to the extent needed to satisfy the interest of broker’s customers and that the securities are not the property of the broker. Section 504 prohibits a broker from using as collateral unless permission is given by customer. Finally, security accounts at SIPC member firms are insured against broker insolvency up to $500,000 per individual investor. An individual investor’s retirement account (ex. IRA’s) is treated separately and protected up to $500,000 per account. For example, in 2007 during that financial crisis some brokers did fail. But the system worked as intended and no individual customer of the broker suffered a loss because of that failure. Thursday, we passed 3 bills regarding landowner rights that give landowners a foothold and places restrictions on pipeline companies. They require the companies to do things better and do them right. The similar bill to HB1203 was passed by the House last year but lost in the Senate. It provides for just compensation to landowners and fair offers in easement rights, legal negotiations, HB1185 addressed issues regarding survey statues and trespass payments in addition to paying for actual damages that occur. Also, HB1186 addresses the length of time an easement can be in place and requires that (1) the purpose must be actively used within 5 years, or it expires and once the activity is being transmitted the landowner will receive payments annually of at least $1per linear foot. I had a bill that would have required the permit to be approved by the PUC before a company could start condemnation of any property, but that bill failed in the Commerce and Energy Committee 5 to 3. The committee felt it was too restrictive on Utility companies.

HB1203 was approved which helps counties and indigent individuals by creating a State Defenders Office to provide services for legal defense of those who cannot afford a lawyer. This was supported by SD Chief Justice. This bill would save the counties money but will in the end cost less for all of us since it is more efficient. The citizen may also be better represented by this office.

Finally, Gov. Noem signed SB57 which gives a second chance to South Dakotan’s who made mistakes in life. As the governor said “It creates a set of standards to consider criminal histories and any possible rehabilitation by applicants and licenses. I don’t think, one or even two, bad decisions should not define them for the rest of their life. This bill gives people hope that they can successfully re-enter our society, their community, and the work force to create a better life for themselves.

Remember we will have a Cracker Barrell meeting this Saturday, Feb. 17 at 10 am at the Stickney School gym, Corsica at 1 pm and in Platte at 4 pm.

I look forward to visiting with you. I am also announcing that my family and I have decided that I will not seek another term for re-election. It has been a pleasure and an honor to serve what I honestly believe is the best District in the state. We will always remember and be thankful for the friends we have met, and hospitality shown to me and my family the past six years. I will miss all of you but will continue to help my constituents for the rest of my term and beyond.

Thanks, and please stay safe.