By 
The beat goes on as we have now completed week six of the nine week 101st S.D. legislative session. This next week brings a consequential day known as Crossover Day. All bills must pass the chamber they originated from by that day or they will be “dead.” It’s a mad scramble in both the House and Senate to deal with bills that originated in each respective chamber. Also it’s traditional to wear black on that day to signify/mourn the death of bills that didn’t make it.
We will have a number of long days ahead of us, but somehow it will all come together. Items of note from my perspective that took place this past week follow.
- I referenced Senate Bill 190 last week. This is known as the Parents’ Bill of Rights. It was reconsidered this past week after not getting passed the week before. This time it passed 19-15, but I still voted against it as I felt it was putting the safety of the children it was meant to protect at risk. The House will now take this up.
- I carried Senate Bill 21 on the floor which provides funding for tax refunds to low income, elderly or disabled individuals. It does not provide for large refunds to those eligible, but it does provide a small economic lifeline for those that qualify and take advantage of it. It passed by a 30-4 vote.
- Senate Bill 97G did not gain the 2/3 margin that was required even though it was supported 18-16. This would have provided a means for fast growing cities (think Harrisburg) to allow for increased property tax collection as a city while not increasing individual homeowner taxes. I supported this.
- Senate Bill 195 would have removed the “sunset” of the reduced sales tax rate which was passed a few years ago. This means the current state rate of 4.2% would have become permanent rather than revert back to 4.5% in 2027. It did not get the needed majority of 18 votes, but tied at 17-17. I voted against it as it was poorly timed in light of the uncertainty surrounding both current budget needs coupled with the desire to help out with homeowner property tax issues. If need be, this can still be done next session as the sunset doesn’t apply until July of 2027.
- As it related to tie votes, the S.D. Supreme Court ruled unanimously this week that the Lt. Governor, who serves as president of the Senate, can vote in the case of a tie if he chooses to. This settles the constitutional issue that came up earlier in the session.
- Senate Bill 198 requires school districts to put in place a policy that would essentially ban cell phone usage during school hours. I voted against it. I don’t argue the need and agree with the concept, but this is a case of overreach on the part of the state. Virtually all schools already have a policy in place that deals with this and don’t need us as a legislature to tell them what to do.
- Senate Bill 224 deals with child custody issues in the event of a divorce. This bill presumes that both parents are on an equal footing, initially, when the court decides on child custody. I voted against it as I felt the court should not be bound by this initial presumption and, potentially, puts the child at risk in the case of an adversarial parental situation. It did pass 20-14.
- Representative Matt Roby and I carried House Bill 1201 which provides for use of pull tab machines for purposes of raising funds for booster clubs and nonprofit charitable groups that do not own or have a facility of its own. It passed both chambers and now awaits the Governor’s signature.
- The state is considering the purchase of a used plane to replace the current one which has experienced a myriad of mechanical issues and lacks up-to-date equipment needed for various types of uses. The Joint Committee on Appropriations heard an emotional plea for this from the daughter of the pilot flying the plane carrying Governor Mickelson when it crashed in 1993. It brought back a lot of memories for many of us in the room. A decision to pursue the purchase will be made within the next few days. The estimated cost would be $5 million.
- Senate Bill 150 would have provided for more exemption of personal property in the case of a bankruptcy hearing. It failed 15-19 and I voted against it.
- Senate Bill 218 would have allowed the establishment of charter schools in South Dakota. Many states allow these schools and many in this state support them as well. The concept sounds appealing, but it could potentially take away a significant amount of funding for our current public schools. It was a 17-17 vote and the Lt Governor chose not to vote which meant the bill failed. I voted against it.
- Senate Bill 175 requires proof of US citizenship when registering to vote. I voted in favor of this and it passed 28-6.
- House Bill 1227 would raise the annual registration fee for electric vehicles from $50 to $100. Due to their electric nature, these vehicles do not pay the state gas tax. The revised fee would bring it to a level fairly comparable to a similar vehicle filling up at the pumps. I supported this.
- House Bill 1056 which would request a federal waiver to disallow soft drinks from qualifying for food stamps benefits was presented in Senate Appropriations. Even though there were a lot of concerns about the implementation and the related costs, it passed and now moves on to the full Senate. I supported this as it is a small step to encourage healthier eating habits.
- Senate Bill 126 would have increased the homeowner property tax exemption amount for totally disabled veterans and their spouses was defeated 14-20. I supported this but was outnumbered.
- Senate Bill 135 placed requirements regarding electrical rates and water usage in the event a large scale data center is constructed. It made sense to put these restrictions/protections in place even though I support this type of project in general. The bill passed 34-0.
As we head into the home stretch, we will soon be making some big decisions regarding the budget. What will we provide for the “Big 3”? What will be our target for our reserves? What projects will get funded and what will not?
Exciting, challenging times with long hours ahead!
Glen Vilhauer
District 5 Senator
605-868-3239
