Edmunds County Tribune -

Senate Report by Bryan Breitling

2024 Legislative Wrap-up

The 2024 legislative session is complete! The South Dakota legislative process is amazing; nine weeks of work to complete the state’s balanced budget and update any lawmaking necessary to facilitate the great standard of living we are proud to call South Dakota home!

In Joint Appropriations, this ninth week, we completed budget setting for the remaining departments, resulting in a FY2025 ongoing balanced budget! While we can make our way on general consensus items, the last few items are a negotiation to get the final priorities of the House and Senate to coalesce around the final pieces of the finite budget.

Lawmaking came down to four main points this final week. First, a series of bills, SB201, HB1185 and HB1186, culminated in a “Landowners Bill of Rights” surrounding pipelines. These rights include minimum pipe depth of 48”, lifetime drain tile damage repair, leak liability protection, indemnity for landowners, filing of ag impact mitigation plan, dispersion model disclosure, minimum standards for land agents, information disclosures, easement expiration after five years of non-use, required access payment to landowners, survey and access rights for landowners, and easements must be filed. While some on the pipeline route don’t want an interstate pipeline on their property, this landowners bill of rights will offer protections for all South Dakotans for generations.

Second, SB127 is a bill that sets a teacher compensation floor and requires ongoing compensation increases commensurate to the state aid update. This legislative session started with information that some schools were not compensating teachers at the levels offered in state aid. Actually, more than 80% of school districts have paid above the state aid levels over the past decade. However, due to local issues, it is not 100% of school districts. As such, there was interest to formalize this process. The resulting legislation sets new goals to school districts for teacher compensation. It sets the new floor for licensed teacher compensation at $45,000 and sets the ongoing updates to average compensation needing to be at a minimum of 97% of the updated state aid formula for the year. These two offer challenges to fast growing schools, and more so, school districts with declining enrollment. Currently, all but thirty schools meet the minimum teacher compensation component, and the schools have two years to meet this requirement, meaning most will get there. In addition, there is an annual waiver process that is allowed, and is reviewed and approved by a legislative group. In all, no system is perfect, but this legislation facilitates a target school districts will add to their list of budget narratives.

Third, HB1092 increases the 911 fee per phone up to $2/month. This raises the fee 75 cents. Statewide, the 911 agencies are averaging 29% self-funding, so additional assistance from the counties in their region is needed to operate. This update takes them to close to 75% of self-funding. To get this level of increased funding, the 911 board must complete a series of metrics and report to the Government Audit and Advisory Commission annually.

Fourth, every legislator agrees that predatory practices of the porn industry is bad for numerous reasons! However, the language in HB1257 was described as unenforceable by the attorney general’s office, and would have likely resulted in a lawsuit the state would have to cover; and if that happened, it removes the AG’s office from partnering with future support of new legislation due to comprising their responsibilities of lawmaking and defense. As such, there are two states with similar language, in which lawsuits have resulted in appealing all the way to the supreme court. By initiating a summer study, South Dakotans can build on the federal standards, and create laws that will stand the test of time for the betterment of all. The various sides of this legislation could not agree on a joint ongoing process, so the result was the bill not advancing this year.

Back to the balanced budget, key provisions include a 4% increase to K-12 and technical colleges, 4% for health care providers taking care of the most vulnerable among us, and 4% increase for the state of SD workforce. In addition, approved was a university and technical college tuition freeze, a new statewide office of indigent relief to reduce that burden off counties, and several other budget priorities.

For one time spending, we were able to substantially fund the construction of the new men’s and women’s state penitentiaries, significant investment in the state water board with the remainder of the federal ARPA investment, $10M to the state aeronautics fund for matching of local airport investment, $7M for cyber security for local governments, a matching investment in the state fair sheep industry, several dam repairs in populated areas, and teacher education and apprenticeship programs.

It is an honor for the opportunity to recognize the various members of District 23 who are visiting the capitol. This week, I was able to introduce Olivia Hadrick from Faulkton, South Dakota’s 2024 Snow Queen; and Chesnie Heim from Northwestern, South Dakota’s 2024 Junior Snow Queen! I am so proud of our District 23 roots and quality of individuals who continue to lead South Dakota!

I am proud of the accomplishments we were able to make this year! I am not seeking re-election, so will be watching the election season from the sidelines. Thanks to everyone for your education on the various topics we discussed, for your support of my representation over the past four years, and for the immense relationships we have developed!