Edmunds County Tribune -

Senate Report by Bryan Breitling

Final Budget Setting

With crossover week complete, legislators are now focusing on bills from the other house and beginning to work on conference committees for when a bill passes the first house and amended in the second house. Crossover week is a stressful week where the final bills that have been adjusted and vetted all session need final disposition in the house of origin. Some make the cut, while many don’t.

Joint Appropriations, this seventh week, was entirely focused on hearing testimony and passing or defeating one time spending bills. Those that passed go to the floor for full legislative debate. Passed were the prison bills, water development bills, cybersecurity for local governments, two dam projects in the state, support for the sheep barn at the state fair, domestic violence support, and support for curriculum changes to standards for reading in our public elementary schools.

This upcoming week in Joint Appropriations will be entirely focused on final budget setting for the FY25 state budget year. The 4% increases for the big three appear solidly supported, as does university and tech schools tuition freeze, which leads to a stronger workforce for SD. Many more items will be debated before the final balanced budget is complete.

Senate legislation of interest this week include SB 13, a bill to revise the process for nominating candidates for the office of lieutenant governor, attorney general, and secretary of state. The Lt. Gov. would be selected by the Governor candidate, and the attorney general and secretary of state would be elected through the primary. Currently all are selected via nomination process at convention. In recent years, the convention process has been more divisive and cumbersome. I voted yes, which allows the Governor to select their running mate, and to allow all South Dakotans to select their attorney general and secretary of state. The convention process continues with the other constitutional officers, so the convention process remains, but to a lesser scale.

Interestingly enough, elk continue to move east, and they are extremely destructive to assets of livestock producers. So, SB173 was brought as a landowner’s eligibility to hunt antlerless elk on their own land, as a way to manage this growing population.

The Senate bill of most significance for a lot of constituents was SB201. This is one of the numerous pipeline bills. As with any of the contentious topics, this bill has many folks interpreting the language vastly differently. I interpret the bill to state:

Section 5: A county may impose a pipeline surcharge up to $1/linear foot for safety, granting counties the authority to tax the pipeline - that could mean $3.5 million a year in safety revenue for counties.

Section 6 & 7: A county cannot pass an ordinance that is prohibited by federal law.

Section 8: Pipeline facility must be at least 48” below ground/ water/surface levels.

Section 9: Pipeline facility is liable for repairs of drain tile installed prior to pipeline installation.

Section 10: Pipeline facility is liable for all damages or ruptures.

Section 11: Pipeline facility must include an ag input mitigation plan.

Section 12: Pipeline facility must release the dispersion model.

Section 13: Land agents need to be SD residents or licensed in SD.

Nothing in this bill comments or refers to any discussion of eminent domain. Sections 5, 8, 9, 10, 11, 12, and 13 are all improvements to landowner rights. It is hard to say this is bad for SD, bad for landowners, and gives additional rights to pipeline operators. Section 6&7, will likely be amended in the House this week as the bill continues to evolve when parties are willing to discuss the future of South Dakota.

There are no more cracker barrels this year. Thanks to everyone who attended and shared your views of the future of South Dakota.

As always, I can be reached at bryan.breitling@ sdlegislature.gov.