During South Dakota legislative week six there were 15 bills killed by Senate committees. These bills were all killed either by being tabled or by deferring them to the 41st legislative day, which does not exist. Typically a bill said to have been killed in committee means it has been sent to the (nonexistent) 41st day.
HB 1054 (SoDakLiberty Posts) – Authorize the production and sale of industrial hemp.
Status: Deferred to the 41st legislative day
SoDakLiberty Stance: Support
Prime Sponsors: Rep Mike Verchio (R, Dist 30) and Sen Troy Heinert (D, Dist 26) are the prime sponsors.
This was amended in House Ag to add this new section:
Only a person licensed to grow or process industrial hemp pursuant to this Act may possess any part, stalk, leaf, bud, flower, or seed of an industrial hemp plant
I looked at this bill section by section a while ago. I won’t re-post that here, it would simply be too long.
I think it is great industrial hemp is actually being looked at. I think there are too many restrictions being placed for it to get too many producers to risk planting hemp. But I support the bill because it is a step forward towards a new cash crop that could really create economic development in South Dakota.
This bill passed the House floor 57-11. It then failed a Do Pass in Senate Ag 4-5 and was killed by a vote of 4-5.
SB 4 (SoDakLiberty Posts) – Provide for the assessment of certain agricultural land as noncropland.
Status: Tabled
SoDakLiberty Stance: Undecided
Prime Sponsors: Sen Jim Peterson (D, Dist 4) and Rep Mary Duvall (R, Dist 24) are the prime sponsors on behalf of the Agricultural Land Assessment Implementation and Oversight Advisory Task Force.
Peterson asked for this to be tabled. That was mostly because not all counties have a crop and noncrop category.
Here is what I had to say about the bill when it was prefiled, the below statements are based on minutes from the Ag Land Assessment Implementation and Oversight Advisory Task Force:
The piece of legislation would allow grassland to be treated as noncropland.
The original draft of this legislation included this language to determine the classification the guidelines that must be met:
any agricultural land that has been seeded to grass for at least forty years and is used for animal grazing or left unharvested, or is a native grassland
It was amended in committee to the following:
any agricultural land that has been seeded to perennial vegetation for at least thirty years and is used for animal grazing or left unharvested, or is a native grassland,
Public testimony had shown overall support for the bill, but also possible problems with the forty years and “seeded to grass”. After amendment it seemed to get a lot of support and will now be taken up by the legislature. I’m not so sure about the chances of this bill. It will likely be a hot issue. Personally I am softly opposed to this legislation and will remain so until I hear a real good reason to shift tax burden away from certain farmland and on to other land owners.
SB 111 (SoDakLiberty Posts) – Revise certain provisions regarding the application of the county wheel tax.
Status: Deferred to the 41st legislative day
SoDakLiberty Stance: Undecided
Prime Sponsors: Sen Mike Vehle (R, Dist 20) and Rep James Schaefer (R, Dist 26B) are the prime sponsors.
This bill would tax big tires as if they are two tires. That would drive the wheel tax up to $10 per wheel if the vehicle has wide-based super-single tires.
Senate Tax killed the bill 6-2.
SB 115 (SoDakLiberty Posts) – Permit car rental companies to include certain fees in a rental agreement.
Status: Tabled
SoDakLiberty Stance: Undecided
Prime Sponsors: Sen Larry Tidemann (R, Dist 7) and Rep Fred Romkema (R, Dist 31) are the prime sponsors.
I never heard testimony on this one.
Here is what I said about the bill prior to its previous hearing:
This is an odd bill. It would allow car rental companies to pass on certain costs in the form of fees. These fees can be used to recover “costs incurred by a car rental company to license, title, register, plate, and inspect rental vehicles”. These costs and fees must be tracked. And the next year if they found too many fees were collected they must adjust the fee.
Senate Commerce killed the bill 6-1.
SB 135 (SoDakLiberty Posts) – Allow overwidth farm equipment to be operated on primary highways after sunset under certain conditions.
Status: Deferred to the 41st legislative day
SoDakLiberty Stance: Undecided
Prime Sponsors: Sen Jim Peterson (D, Dist 4) and Rep Julie Bartling (D, Dist 21) are the prime sponsors.
Transportation killed the bill 7-0.
This bill was submitted to help farmers who have land next to primary roads. During harvest season this has become an issue. But the committee was not buying it.
Actually I don’t think the current law on the books is followed. I’ve seen this equipment move at night many times on highways while I’ve traveled the state.
SB 139 (SoDakLiberty Posts) – Revise certain provisions regarding the use tax.
Status: Deferred to the 41st legislative day
SoDakLiberty Stance: Undecided
Prime Sponsors: Sen Jim Peterson (D, Dist 4) and Rep Dennis Feickert (D, Dist 1) are the prime sponsors.
This bill was apparently a follow up to SB 51 (SoDakLiberty Posts). The intent of this bill is to ensure that property consumed is subject to use tax for tangible personal property. It somehow would apply to pipeline gas that is consumed.
State Affairs killed the bill 7-1.
SB 144 (SoDakLiberty Posts) – Revise the legal maximum weight limits based on the number of axles for gross vehicle weight.
Status: Deferred to the 41st legislative day
SoDakLiberty Stance: Undecided
Prime Sponsors: Sen Jason Frerichs (D, Dist 1) and Rep Dennis Feickert (D, Dist 1) are the prime sponsors.
This was a hoghouse vehicle bill. Sen Frerichs had it filled with content. The bill changes the bridge formula slightly.
The bill was killed by Senate Transportation 4-3.
SB 145 (SoDakLiberty Posts) – Require certain provisions to be met before allowing public utilities or carriers to exercise eminent domain procedures.
Status: Deferred to the 41st legislative day
SoDakLiberty Stance: Undecided
Prime Sponsors: Sen Jason Frerichs (D, Dist 1) and Rep Dean Schrempp (D, Dist 28A) are the prime sponsors.
Section 1 basically says that a utility or carrier has to wait until a projects permits are approved before allowing that entity to go forth with eminent domain. I would like to know if this also applies to various right of ways for certain common carriers.
Section 2 of the bill gives landowners a chance to fight against an eminent domain use that is not wanted.
I think this was a good bill. But it failed a Do Pass in Senate Judiciary 2-5 and was then killed 5-2.
SB 146 (SoDakLiberty Posts) – Impose a fee on certain pipelines carrying crude oil and to create a crude oil pipeline compensation fund that may be used in the event of a crude oil spil.
Status: Tabled
SoDakLiberty Stance: Undecided
Prime Sponsors: Sen Jason Frerichs (D, Dist 1) and Rep Paula Hawks (D, Dist 9) are the prime sponsors.
This act also creates a crude oil pipeline compensation fund. The max on the fund is $30 millions, and then the tax will stop until the fund falls back down to $5 million.
The bill failed a Do Pass 3-3. It was also amended. But it was then tabled 4-3.
SB 149 (SoDakLiberty Posts) – Provide for certain reduced state park entrance fees for veterans.
Status: Deferred to the 41st legislative day
SoDakLiberty Stance: Undecided
Prime Sponsors: Sen Billie Sutton (D, Dist 21) and Rep Paula Hawks (D, Dist 9) are the prime sponsors.
Before I go on I’ll say that I am a veteran. But I think it might be getting to a point where too many things are being discounted for veterans. I’m not opposed to this bill, or in favor of it. But I do wonder when bills like this are going to end.
The bill failed a Do Pass in Senate Ag 3-5. It was then killed 5-3.
SB 157 (SoDakLiberty Posts) – Provide additional regulations for commercial breeding operations.
Status: Deferred to the 41st legislative day
SoDakLiberty Stance: Undecided
Prime Sponsors: Sen Angie Buhl O’Donnell (D, Dist 15) and Rep Timothy Johns (R, Dist 31) are the prime sponsors.
This just seemed to be an odd bill since there was already a process in place.
Senate Judiciary killed the bill 5-1.
SB 164 (SoDakLiberty Posts) – Revise certain residency requirements for voter registration.
Status: Tabled
SoDakLiberty Stance: Undecided
Prime Sponsors: Sen Craig Tieszen (R, Dist 34) and Rep Herman Otten (R, Dist 6) are the prime sponsors.
I am happy to say Senate State Affairs killed this bill 8-1.
Here is what I said about the bill previously:
This would make it harder for RV’ers to register to vote in SD. I have yet see this has been a real problem in SD. A bigger problem that could be caused by this bill is prohibiting the ability of certain people to vote. That is wrong.
So what if some RVers decide to make their home of record in SD in order to avoid taxes. Lets not possibly disenfranchise some voters (such as homeless) just because some people don’t like a certain class of voters.
SJR 2 (SoDakLiberty Posts) – Proposing and submitting to the electors at the next general election a new section to Article XI of the Constitution of the State of South Dakota, relating to the imposition of a corporate income tax and dedication of the revenue therefrom.
Status: Deferred to the 41st legislative day
SoDakLiberty Stance: Undecided
Prime Sponsors: Sen Bernie Hunhoff (D, Dist 18) and Rep Thomas Brunner (R, Dist 29) are the prime sponsors.
This would impose a 6% corporate income tax to provide property tax relief. I do not like this idea at all. South Dakota does not need an income tax.
Luckily Senate Tax killed the bill 5-2.
SJR 3 (SoDakLiberty Posts) – Proposing and submitting to the electors at the next general election amendments to Article III of the Constitution of the State of South Dakota, revising the procedure for filling a vacancy in either house of the Legislature.
Status: Deferred to the 41st legislative day
SoDakLiberty Stance: Undecided
Prime Sponsors: Sen Bernie Hunhoff (D, Dist 18) and Rep Spencer Hawley (D, Dist 7) are the prime sponsors.
Senate Judiciary killed the bill 5-2.
Here is what I said about the bill before:
This would place another question on the ballot for the 2016 election. Specifically it would make the following modification to the SD Constitution:
§ 10. The Governor shall make appointments to fill such vacancies asLegislature shall provide procedures for conducting an election to fill any vacancy that may occur in either house of the Legislature.
A few years ago I would have said this was a silly change… But over the last few years there have been a record number of executive appointments to the legislature due to vacated seats. I’m going to listen to testimony on this one, it might be a good idea.
I will admit due to our short terms that this might not have been a good way to go.
SJR 4 (SoDakLiberty Posts) – Proposing and submitting to the electors at the next general election an amendment to Article IV, section 3 of the Constitution of the State of South Dakota, relating to the powers and duties of the Governor.
Status: Deferred to the 41st legislative day
SoDakLiberty Stance: Undecided
Prime Sponsors: Sen Brock Greenfield (R, Dist 2) and Rep Isaac Latterell (R, Dist 6) are the prime sponsors.
This bill was killed in Senate State Affairs 8-1.
Here is what I previously said about the bill:
Here is the biggest change the voters of SD would be asked to approve on the ballot this fall:
If a vacancy occurs in an office of United States senator for the state, the Governor shall convene a special session of the Legislature. The Legislature shall vote to fill the vacancy from among the current members of the Legislature, to hold office until the next election.
Actually I both like and dislike this proposal. First, I think the legislature should be choosing a replacement in the event a US Senate seat is open. US Senators used to be appointed by the state legislators anyhow. This is a highly relevant topic because Senator Thune is a possible candidate to receive a cabinet position in 2017 if there is a Republican President.
The part I’m not exactly in agreement with is that the vacancy should be filled by a current state legislator. I think it is likely the SD legislature would do that anyhow. But why set it in the SD Constitution that it has to be one of them?
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