Legislative Update

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A range of bills made their way through the legislature. Crossover Day is on the horizon, and with it could bring some longer days. Crossover Day is the final day for bills of cross from their chamber of origin. If you want to follow along on bills, committees and more go to www.sdlegislature.com With the variety of bills coming before us it’s obvious we’re in the election season. Here’s a look at some of them making their way through the process.

Commerce and Energy had so many bills this week regarding pipelines and eminent domain that the committee had to have additional meetings. HB 1243, HB 1256 and HB 1219. They all died in committee. HB 1219 failed by a vote of 7-6 in committee, but what happened on the floor is what’s known as a smoke out. That’s the process if enough members of the House feel the issue is big enough it can be forced to be brought to the full chamber which forces the committee to deliver the bill to the House Floor. This bill has one sentence, Notwithstanding the provisions of any other law, a company may not exercise the right of eminent domain to construct a pipeline for the preponderant purpose of transporting carbon oxide for disposal in geological storage or for geological sequestration. Private property rights are under assualt in South Dakota and so far, we haven’t seen legislators willing to draw a line in the sand. Private companies and federal dollars are a recipe for disaster for private property rights. Landowners keep packing the halls, testifying at all the committee hearings, but keep getting the door shut in their face. It’s very frustrating! We should be able to agree (And a reminder South Dakota is supposed to be a conservative State) on the simple fact that private property rights are enshrined in our SD/ US Constitutions. Seven Republicans voted to kill HB 1219. I encourage citizens to ask their Senators and Representatives to support South Dakota landowners and not big money “For Profit Companies” that are using our tax dollars for one of the biggest boondoggles ever. HB 1219 doesn’t affect anything that is for public use like water, electricity or roads. It doesn’t ban pipelines; it’s not anti-ethanol and it doesn’t stop any project. It only says that you can’t use eminent domain if you’re disposing of carbon in the ground. Ten years ago, they told us ethanol was going to save the planet, but now their telling us ethanol is killing the planet. Which is it?

SB 201 was introduced in Senate State Affairs as a compromise bill. The compromise was a county may impose a pipeline surcharge up to one dollar per foot of linear carbon dioxide pipeline installed in the county during any tax year that the carbon dioxide pipeline company claims a tax credit. This bill would force counties to sell their authority for $1 per foot and the pipeline company gets yet another tax deduction. Sounds to me like property rights and county authority are being sold by the state since the counties have no voice in the matter. Keep in mind once again this is all for a private company, not a utility. It passed the Senate State Affairs.

HB 1231 was intended to prevent foreign ownership of Ag land. South Dakota currently has a law prohibiting this practice but are being ignored. An amendment was introduced to address that issue by removing a part of the bill allowing for unlimited foreign ownership of easemnts, the concern was that it was relating to the carbon pipeline which is largely owned by hostile foreign governments. Not only carbon pipelines, but Smithfield and Tyson are foreign owned too. The admendment failed and the bill went on to pass. This is a “Do nothing bill in practice and a perfect example of the election season.”

Here’s some of the other bills we heard this week on the floor. HB 1228 will allow fluorescent pink to be used for hunting colors, HB 1225 “Sip-and Cycles” seen in downtown Sioux Falls, HB 1212 requiring mud flaps on all vehicles over the gross vehicle weight of 19,500 pounds, HB 1100 allowing “Legion of Merit Award” be added to 18 other speciality plates, HB 1236 is the “Physical Fitness Award”. All of these bills passed and move to the Senate for consideration. One bill that won’t move forward is bill HB 1204 nonconsensual condom removal.