NEWS From The Legislature

By Rocky Blare

SD District 21 Senator

Every week the pace picks up in the legislature. We ended up with 293 House Bills and 186 Senate Bills introduced as of February 13.

Tuesday morning, the Judiciary committee sent SB96 to the Senate. It allows those convicted of certain offenses be allowed to receive TANF funds which are temporary assistance for needy families. This is for up to 2 years and has a work requirement. A major update to the Power of Attorney Act which will help protect vulnerable Seniors from abuse. It will allow South Dakotans to use a simple inexpensive process as part of an estate plan. We also revised the statute regarding human trafficking which will better identify perpetrators and support victims with services to move on.

In the Ag committee we passed HB1033 which deals with zebra mussels which are all ready in Lake Sharpe and Lake Frances Case. The bill documents the requirements of boat owners who use the river to pull their plugs and authorizes inspection and decontamination stations set up by the GFP. The zebra mussels are an invasive species that cost over $ 1 billion as they impact surface water systems, increase algae bloom and cut your feet on our shores. We will be hearing the Hemp bill in committee next week.

The Transportation Committee sent HB1023 to the Senate which permits the secretary of revenue to issue cease and desist orders and impose civil penalty on certain public auctions when they aren’t following the requirements to submit and odometer disclosure, deliver a title to the buyer within 45 days and keep records for 5 years. MVD was getting 20 to 25 complaints a year and were concerned with Internet sales there will be even more complaints. HB1091 was also passed out of committee. It deals with compensation to dealers for diagnostic and warranty work on vehicles be the same as for regular shop time compensation.

The Senate passed SB21 which allows tribal entities to contribute to PAC’s. We also passed HB1032 which makes it easier for teachers to get back into the profession in a more effective manner. The Senate passed SB6 which revised conditions with which presumptive probation may be applied to consider the defendant cooperating with law enforcement in drug or substance abuse matters. The bill, which would have allowed chiropractors to integrate their professional services into hospital systems, failed. SB157, the county zoning bill passed. It does not effect the counties that don’t have zoning ordinances like Tripp and Charles Mix, however it effects Gregory and Bon Homme Counties. Supporters included many agricultural organizations, county commissioner associations and energy companies. I voted against the bill because I had three issues. 1. Appeals and outcomes determined by a majority vote of adjustment members present at the meeting (not majority vote of the members). 2. Appeals must be brought within 21 days (30 would be better) 3. The court may award reasonable attorney fee costs of action and compensatory damages against any non-prevailing party. Taking subjectivity and emotion out of county zoning plans makes sense for counties and everyone going forward with local rules and addressing local concerns objectively and efficiently is the right outcome to this. Finally SB150 passed after GFP amended it down to allow split 5 day licenses instead of single day licenses for non-resident water fowl hunters. I voted against the original version as it changed zones and effect the year round season in our district. It also eliminated the $4 per license fee that went to habitat enhancement and accessibility to public land for hunters. This one doesn’t increase the licenses or change resident hunting.

Robyn Waterbury brought 5 Foreign Leader Exchange Program students to the legislature Friday. It was exciting visiting with them and answering their questions.

I know that I am going to miss Carleen Burger as a page. She is a very smart, polite, young lady who has been very helpful. Everyone in Colome should be proud of her.

I look forward to a very busy week. It helps to hear from my constituents, so please contact me with your concerns. District 21 Senator Rocky Blare rockyblare@gmail.com

NEWS From The Legislature

By Caleb Finck

SD House of Representatives

Week 5

Week 5 of the legislative session is in the books and we are making our way to the next deadline which is crossover day on February 27th. On crossover day all bills need to have passed the house of origin. This is another tool that sets us apart, we must take action on all bills and we set deadlines to keep the process moving along. This week I would like to Highlight HB 1200 which will be up in committee this week.

HB 1200 is an act to establish dates for the mowing of ditches on the State Highway Trunk System. This bill is designed to address something that just doesn’t make any common sense to me. Each year the grass grows in our state ditches and farmers and ranchers are allowed to go out and harvest that grass for hay after a certain time. Department of Transportation administrative rule 70:04:06:06 allows for farmers in Gregory, Lyman, and Tripp counties to mow the right-of-way starting on June 15th and for all counties east of the river starting on July 10th. The reason being is that we have a large number of pheasants that nest in our highway right-of-ways and we want to ensure that they have a chance to hatch out. Now, the catch to that is the Department of Transportation can at anytime before those dates go out and shred any of the grass in the right-ofways to improve public safety. The DOT uses this primarily to trim the grass along the shoulder of the road to improve safety. If passed, HB 1200 would allow farmers and ranchers to go out and hay the first 8ft of grass, to improve public safety. Additionally, HB 1200 would restrict the DOT to mow only the first 8ft for public safety. My goal is just to simply allow farmers and ranchers to legally go out and harvest that grass and utilize it rather than letting the DOT just shred it down and destroy it. This does not however prevent the DOT from shredding that grass, it just gives farmers and ranchers the option to go out and cut it down before the DOT does. My hope is that eventually the DOT will be able to save some time and money because much of the shoulder grass will be cut for hay by the time they come to shred it.

Week 6

We are now 2/3 of the way though this legislative session and the Capitol will be buzzing this week with the Crossover deadline approaching on Thursday. Here is an update on where some of my prime sponsored bills are in the process. HB 1084 an act to increase the maximum allowable height of certain vehicles carrying baled feed and to declare an emergency. HB 1084 has successfully passed both the House and the Senate Chambers and was delivered to the Governor last Friday. The only step left for this bill is for Governor Noem to sign it, and if she does it will immediately become law due to the emergency clause. HB 1257 an act to revise certain provisions regarding hunting, fishing, or trapping on private property without permission. HB 1257 would add a mandatory $500 fine to intentional trespassing. This bill has successfully passed the House Chamber and is waiting for a hearing over in the Senate Ag and Natural Resources Committee.

Finally, HB 1284 is an act to create a road improvement priority fund and to provide for the distribution of the fund. This bill is designed to be an option for the legislature to possibly send additional road funding to the Counties and Townships. The part of this bill that is proving to be difficult is to find a sustainable funding source. Originally, the bill included provisions to remove some sales tax exemptions but that part was defeated in committee. Now the discussion will turn this week to see if a different revenue source can be found. We all know that our county and township roads are in tough shape, especially after the weather that we have been having. Additionally, counties continue to be short on road funding and this bill is just one idea of how to help with that problem.

I also wanted to take a moment to thank the Lake Andes Senior Government class for visiting the Capitol, it was fun to be able to see you all when you were in the Capitol for the day! This brings me to my next point, if anyone from the district is planning a visit to the Capitol during these last few weeks of session please drop me a note that your planning to come. Our schedules are busy but I can always find time to help you plan what you would like to see when you are in the capitol and to meet with you once you arrive.

If you would like any additional information on these issues or any other issues please contact me by email at Caleb.Finck@ SDLegislature.gov or call me at 605-933-2042. Have a great week!