Legislative update: Week 9 by District 24 Representative Mike Weisgram (March 11, 2022).
After nearly three months of (sometimes) strenuous work, legislators look forward to the last week of session because it is when business is completed, and everyone can return to their normal life routines. I looked forward to this week most because of the important legislation that had yet to be decided…. the workforce house bill. There is no doubt that the most important thing we do as a legislature is to pass the General Appropriations Bill (a balanced budget) to fund our State Government for another fiscal year. But, for me, the long-debated Workforce / Attainable / Market Based Housing Infrastructure bill, HB 1033, was to be my barometer of success for the 2022 Session. Final action on this bill was taken Tuesday.
After some “misfires” the week before, including long debates and votes just short of the two-thirds majority required for passage, last weekend was busy with phone calls to garner more support for the effort. Supporters of the legislation felt two things needed to be done to find consensus: (1) make the housing infrastructure bills less complex and the intent clearer, and (2) define what infrastructure was to be included (streets, curb, gutters, sanitary sewer, etc.). My hats off to both the legislators and the Legislative Research Council staff who in short order condensed the many issues into a singular bill that was more readable and definitive. In the end, the Senate passed the bill unanimously and the House attained the two-thirds majority by two votes.
This was an important issue for me because after serving on the legislative summer study group last year that researched the housing shortages in South Dakota, it was clear we had a problem. It didn’t matter if we took testimony from small communities or our largest community, every town in South Dakota has a workforce issue and part of that issue is lack of housing. Despite the differences in sophistication of housing development within each city, the common problem was the high cost of infrastructure (i.e., water, sewer, streets, curbs, etc.). Our Governor too recognized the problem and offered a program to give grants to developers, cities, and non-profit development entities to help fund infrastructure to jumpstart new housing opportunities.
I am optimistic that this successful legislation will be signed by the Governor and become a catalyst to helping small and large communities get more inventory of houses for our citizens to call home.
As the 2022 legislative session concludes, I want to thank you for the opportunity to serve in the House of Representatives this term. I have appreciated your calls, messages, and emails. The input you gave me helped expand my knowledge and thoughts on the issues that were most important to you. Best wishes and I look forward to your further comments and visiting with you soon. mw
Legislative update: Week 8 by District 24 Representative Mike Weisgram (March 4, 2022).
(***Please note references to “this week” refer to Feb. 28-March 4, 2022***)
Investing (spending) money from the State’s general fund and/or from federal funds favored to our State was the main theme of activity at the SD House of Representatives this week. When there are available funds, there is no shortage of worthwhile projects, purchases, renovations, repairs, and upgrades to State-owned facilities. Although the complete list is too long to mention, one of the most notable investments was the authorization to construct a new state public health laboratory and renovate the existing laboratory and structure. Located on the corner of 4th Street and Governors Drive in Pierre, this structure was completed in 1996 and has served the citizens of South Dakota with quality analytical laboratory services either directly to the public or in conjunction with local, state, and federal partners. All funding to build and upgrade this facility is coming from the authority to spend federal funds that have been favored to us. $69 million is a large amount, but it is a huge task to move this project to fruition. Thank you and congratulations to former Secretary of Health Kim Malsam-Rysdon for her leadership and interim Secretary Joan Adam for her excellent and professional presentation to the Appropriations Committees as they vetted the project. Central South Dakota and the entire state are the benefactors of these individuals and their excellent team as well as the entirety of this worthy project.
When there are 70 individuals in the House determining the worth of each investment, you can be sure there will be multiple opinions, suggestions, and even a healthy dose of skepticism regarding new variations of existing programs. This was true of the effort to encourage new housing infrastructure construction with new funding favored to two existing programs from the Governor’s Office of Economic Development and the SD Housing Authority. Senate Bill 53 and Senate Bill 65 gained wide support in the Senate, but the House felt that SB 65 wasn’t clearly defined. Therefore, SB 53 was the only one of the two to garner the two-thirds majority it takes to pass. These bills deal with grants and low interest loans that cities, counties, developers, nonprofit groups, and others could apply for when developing new housing developments. The thought and intent of the legislation was to assist projects throughout the state with funding for water and sewer infrastructure so additional housing opportunities would be available to our citizens. Encouraging and increasing the number of new developments not only increases the supply of new homes but also increases the supply of existing homes to enter the market as current homeowners either upgrade or downsize to new homes and sell their existing dwellings. We continue to hear the need for more housing and people to fill the many open positions that exist, so these bills are worthy and needed. Hopefully some negotiations can come about next week and we will find common ground to move these efforts forward.
Next week is the most important week for the legislature as a budget must be presented. Nothing will take precedence over it. If you drive by the Capitol building next week and you see an abnormally high number of lights on in the evening, you can be sure that the Appropriations Committees, the dedicated Bureau of Finance and Management professionals, and legislators are working to bring a balanced budget forward. We have no bigger job.
Thank you for your emails, phone messages, and texts this week. I especially enjoyed seeing the government class from Sully Buttes in Onida and the 5th graders from St. Joseph’s school. They were fun to see and visit with.
Legislative Update – Week #7: by District 24 Representative Mike Weisgram (Feb. 28, 2022).
(***Please note references to “this week” refer to Feb. 21-25, 2022***)
Looking back at a legislative week can feel like reviewing the scorecard of a baseball game. A proper “scoremaster” scorecard in baseball reveals all the elements of a game on one sheet of paper (i.e., player names, positions, at bats, strike outs, hits, errors, stolen bases, runs, etc.). The scorecard works great for a baseball purest like me. Unfortunately, there is no such scorecard for a session week, so I do my best with a spiral notebook.
This week Wednesday, February 23 was “crossover day”. Crossover is a milestone date during the legislative session because it is when all legislation must leave its house of origin (House or Senate) so it can be addressed in the opposite body. In other words, all senate bills had to clear the Senate and all house bills had to clear the House by the end of the business day. My spiral notebook reveals that we dealt with 42 bills on Wednesday with a total of 105 bills voted on for the week. While not all of these bills required a significant amount of deliberation, some did. A few that required deliberation and debate included mandatory sentencing for people committing multiple offenses of DUI, establishing provisions (rules and taxation) concerning the sale of adult use marijuana if the voters legalize recreational marijuana in the fall, and appropriation bills (spending tax money) on one-time expenditures like new buildings for our technical schools.
I am pleased that funds needed to repair, preserve, and improve the Cultural Heritage Center in Pierre received unanimous support this week with a 68-0 vote! Additionally, the approval of an appropriation for funding a Master Plan for renovations for the Capitol Lake made this a good week for central South Dakota. Related, the House also approved an appropriation for the erection of the South Dakota Sioux Code Talkers Memorial to be placed on the Capitol grounds. We have always been proud of our Capitol grounds, and the upgrades to be accomplished in the upcoming years will be exciting.
Two notable and much talked about pieces of legislation failed to garner enough support this week to advance. SJR 502 proposed an amendment to the South Dakota constitution, and it would have authorized wagering on sporting events by individuals located around the state by using their cellphone. Had the resolution passed, it would have put the issue on the 2022 general election ballot, and the voters would have ultimately decided its fate.
HB 1327 aimed to lower the state sales tax rate from 4.5% to 4.0% over the next two budget cycles. Citing record revenues from sales tax collections due to a friendly and “open for business” environment and an influx of people moving to our state, many members of the House supported a sales tax reduction and the bill passed on the House floor by a 39-31 margin on Wednesday. However, the bill met its demise in the Senate State Affairs Committee Friday by a margin of 6-1. Senators of that committee were hesitant to further the tax reduction legislation, citing concerns about increased sales tax receipts not being sustainable due to rising interest rates, lesser anticipated amounts of federal stimulus payments expected, possible passage of Medicaid expansion by voters in the fall, and the uncertainty of current world events.
Thank you very much for your contacts this week as I appreciate your thoughts on the issues that are of most interest to you.
Legislative Update – Week #6: by District 24 Representative Mike Weisgram (Feb. 18, 2022).
Emotion was a key ingredient to many of the discussions held on proposed legislation this week. From expanding campgrounds, defining authority to spend federal funds, education issues, requiring an adoption process for people seeking parenthood through surrogacy, and an appropriation request to fund a master plan to remodel and improve Capitol Lake were emotional topics that took much time, thought, investigation, and prayer to determine the direction of my votes.
A seemingly simple bill, SB 179, which dealt with modifying current law regarding municipal campgrounds, was heard at our House Local Government committee. Current statute states that cities that have public campgrounds cannot expand them if private campground owners, who have businesses within fifteen miles of the city’s facilities, do not give their written permission. Testimony for the proposal was understandable as a non-responsive campground owner was impeding progress, but the independent campground owners spoke to the value of private industry being more competent to provide these facilities as well as the fact that this function is not the city’s core purpose or business. I understand a city’s desire (and possible impatience) to enhance the quality of life for its citizens and guests as it can be a motivator to move a city forward, attract interest, and investment. However, the desire for private industry to take the risks, fulfill the market’s needs, and hopefully succeed will always be my barometer for those kinds of decisions. The committee agreed and the proposed legislation failed.
The passion around the request for an appropriation to address issues at Capitol Lake was most notable on the House floor yesterday. Legislators want to get this right as they feel ownership and a sense of pride about our Capitol complex, including how the grounds are maintained, the uniqueness of a lighted flowing water fountain, and the reverence for the many memorials. Your District 24 legislators have tried to separate the details of the remodel and updates and instead, focus on the need, importance, possible consequences, and positive opportunities a funded master plan can achieve. Many times, in brisk conversations we have indicated we are not engineers and cannot spell out every detail of a plan, but we know we need a plan that can give an oversight group options. After a fair debate yesterday on the House floor, HB 1013 passed 59-7 and now goes to the Senate for debate and hopefully passage. A big thank you to the many veterans for their determination and tireless support of this effort. Tim Rounds and John Moisan deserve much thanks too as they have been on the forefront of this issue for many years.
Expanding on legislation dealing with education issues, authority to spend government funds from grants, and changes to the surrogacy process in our state would require much more space and time than this update can address. I am happy to speak to them if you would like to call or write me, so don’t hesitate to reach out.
Thank you for the opportunity to serve District 24 and I look forward to hearing from you soon. mw
Legislative Update – Week #5: by District 24 Representative Mike Weisgram (Feb. 5, 2022).
(***Please note references to “this week” refer to Feb. 7-11, 2022***)
Action on legislation continues at a brisk pace as we round off Week 5 of the 2022 Legislative Session. There have been beginning conversations of cutting sales tax in South Dakota on goods and services, due to increases of on-going revenues. There was also discussion of who has authorization to spend federal grant dollars.
In one of my committees, the House Commerce and Energy Committee, we heard testimony on HB 1331, which intended to “clarify the description of common carrier pipelines.” Pipelines are seemingly in the local and national news often, with most of headlines garnering a number of negative conversations and concerns for leaks, emissions, destruction of vegetation, harmful to wildlife, etc. However, some claim that pipelines are a reliable way to move commodities, are much safer, and more efficient than trucking the commodity on public highways. You probably are familiar with the proposed Summit Carbon Solutions. It is a pipeline that is intended to move carbon dioxide, generated from ethanol plants in South Dakota, and will send the product (commodity) to an underground storage facility in North Dakota. I think the intention of HB 1331 was to open the discussion of whether carbon dioxide was a hazardous byproduct or a commodity that can be moved by a pipeline through the common carrier status. To me, the testimony of the bill sponsor and of the opponent, was both informative and fascinating. It also sparked more questions than answers. Ultimately, the bill did not pass, due to the possible unintended consequences that were unclear. I have received a number of emails this week regarding the carbon carrying pipeline. I am eager to further understand the concerns of landowners and citizens during several upcoming scheduled conversations.
Early conversations about decreasing the state’s sales tax have resulted into HB 1327, which will be introduced through the Joint Committee on Appropriations. As I ponder the legislation, I don’t yet have enough information to take a position. Yes, revenues are unprecedented and general growth of our state is promising. Yet, as a seasoned businessman, I would like to see sustainability of the tax revenues before making any kind of decision. Whether you agree with all the stimulus that the federal government has favored the national economy, it has had an effect of inflating revenues, and I think the call for the sales tax cut may be premature. I don’t disagree with the premise of returning revenue to our taxpayers, however, I am leery of doing something too quick. If Medicaid expansion passes in November, there will be an additional burden on our budget. Furthermore, I continue to hear that we will need a substantial investment in facilities at the State Prison in Sioux Falls. More to come on this and I welcome any thoughts you may have on the topic.
The question of whether the Joint Committee on Appropriations or the Governor, has authority to spend federal grant dollars was a topic in our chamber this week. Seemingly, the House Committee on Appropriations has done its due diligence and has determined the Governor alone does not have authority and needs theirs as well. Normally, this is not in question as the legislature gives spending authority (state general and federal funds) through the general appropriations bill each year. To me, the general appropriations bill, last year SB 195, gives the Governor spending authority until the next general appropriations bill is passed. This has been a confusing issue and unfortunately, the difference in opinion caused some delays in getting payments to authorized grant recipients. Normally, I am proud of the way the legislature works with executive branch, this week I wasn’t.
Thank you for the opportunity to be of service and I look forward to your contacts. mw
Legislative Update – Week #4: by District 24 Representative Mike Weisgram (Feb. 5, 2022).
Whereas most legislative weeks are four-day weeks, week 4 of the 2022 legislative session spanned all five days. My work life in retail was a six-day a week job (if not more), so this should not have felt burdensome, but it was somewhat long and stressful. Many pieces of legislation have been introduced and will be heard by their respective committees, as assigned. The goal at this point in session is to keep up with the topics, details, and purpose that each bill brings forward, which can be very difficult considering the multitude of bills. For me, it is imperative to prioritize what is coming to my committees (Local Government and Commerce & Energy) and to be well versed and prepared on these bills first before researching the others.
House Bill 1138 is a bill that did not get much mention but did receive a brisk debate in our House Commerce and Energy Committee this week. This legislation proposed an increase in the amount of money patrons could bet on video lottery machines (from two dollars to four) and increase the amount of winnings that could be collected per bet (from one thousand dollars to five). Regardless of how you personally feel about video lottery gambling, it is a fact that it brings in more than $160 million of revenue to the State and recently, income from video lottery gaming has increased nearly 30 percent. Without getting into the details of the debate, the Commerce and Energy Committee members voted to defeat the bill, and I think the reasons why were the concerns that increasing the bet limits could be detrimental to players having addiction tendencies. Also, the proponents failed to demonstrate the need for expanding bet limits to increase revenues for the private businesses that offer video lottery machines / gaming as sales have already been increasing. Gambling as a source of revenue for our State has always been controversial, but the voters has spoken five times (1989, 1992, 1994, 2000, and 2006) to establish and keep video lottery legal in South Dakota.
Probably the most controversial event of the week was on Wednesday when the House State Affairs Committee failed to advance Draft 579 entitled “Prohibit abortion after a fetal heartbeat is detectible”. The draft was presented by the committee on behalf of the Governor. It did receive a motion to introduce the draft to become a bill (legislation), but the motion died because no one seconded the motion. There is much written about this occurrence and my email has been active on the subject too. Governor Noem called this action unprecedented, and I think most would agree with that conclusion.
Looking forward to next week, I expect finalization of an amendment to Senate Bill 53 that moves the discussion forward of the Governor’s proposal to increase workforce housing opportunities. As you may remember, the Governor recommended an appropriation of $200 million (a combination of general funds and one-time federal funds) to fund a program to partner with local governments and developers for workforce housing infrastructure projects. As discussion progressed on how such a program could work, there is seeming agreement that a program that has a combination of grants and a low interest loan fund will most effectively help new construction start now and in the future. There was much input and collaboration from current developers of new home developments, the Governor’s office, and the legislators from the summer study on workforce housing to bring this favorable amendment to the original Senate Bill 53. Hopefully this comes forth this week and I can elaborate on it further. Remember, it will need to pass both houses of the legislature as well, so it is a long way to fruition.
Thank you for the emails and texts I received this week, I appreciate your input.
Legislative Update – Week #3: by District 24 Representative Mike Weisgram (Jan. 28, 2022).
(***Please note references to “this week” refer to Jan. 24-28, 2022***)
This week on the House floor, the first of many expected marijuana bills were introduced. As imagined, there is much interest in the proposed legislation and my emails have reflected that.
As always, I read all of the emails sent to me, especially the ones sent from citizens of District 24. House Bill (HB) 1004 would remove the right of the cardholder to grow cannabis at home for personal consumption, as per allowed by the South Dakota Medical Marijuana program. I voted against the measure, but it did pass the House and will be favored to the Senate for their consideration. HB 1057 dealt with unauthorized transfer of medical cannabis products and HB 1058 revised the available forms of cannabis products that could be offered in South Dakota.
Rather than getting into details, it is safe to say that neither of the bills were products of the legislative summer study committee on marijuana. I voted not to accept either of these and was in the majority on both votes. There will be many other bills pertaining to marijuana this session, I will be looking to the expertise of my friends on the summer study committee. I look forward to hearing about their conclusions from the conducted study. It is also comforting to hear from committee members that the Department of Health is doing thorough and thoughtful job of writing rules to deliver a safe and responsible program. There is much more to come on this issue.
Last week I mentioned HB 1093, which called for an increase in the motor registration fee of pure electric vehicles and I thought I would provide an update on that measure. After a thoughtful debate on the merits regarding the bill, and the realities of what an owner is paying in taxes now (excise tax at the time of purchase and the current registration fee), the bill did not gain favor and was defeated. The percentage increased in these fees was likely the cause for not gaining support on this bill, however, I expect the discussion to continue and more legislation to be brought forward pertaining to how owners of electric vehicles will contribute to highway funding.
Next week, we will be looking at further discussion and a House vote on Governor Noem’s legislation, Senate Bill 46, “Protect Fairness in Women’s Sports.” For those who have followed this legislation and topic this past year, we know it surfaces a lot of emotions and conversations from people on both sides of the issue.
This issue is not as clear as both sides would like you to believe, however, the bill is more readable and easier to understand than last year’s measure and I expect there will be much support for it. Personally, I think the existing policies placed by the local school boards and the South Dakota High School Activities Association have been effective and done a good job of keeping women’s sports fair. However, collegiately, the NCAA has not done a good job of it as is obvious with the swimmer at the University of Pennsylvania. Nonetheless, the bill was introduced on the House floor on Thursday, but a late amendment was brought to the bill, allowing students and parents to sue for damages, which is currently prohibited in the bill. Action on this bill will now take place next week as legislators will have an extra day to study the effects of amendment and vote accordingly.
Thank you for the opportunity to serve you in the legislature and please let me know if have any questions or comments. mw
Legislative Update – Week #2: by District 24 Representative Mike Weisgram (Jan. 21, 2022).
In the second week of session, legislation is working its way through the committees and the House and Senate floors. It’s been a different kind of week for me as I tested positive for Covid and am attending meetings remotely. I am grateful to have the opportunity to continue to participate even if from afar and am also grateful that my symptoms are similar to other colds I have experienced in my 68 years. Hopefully I can return to my duties in-person next week as the flow, intensity, and immediacy are much more productive when all of the personalities are fully present and engaged.
I took special note of Senate Bill 80 this week, a bill that is business friendly to the emerging electric vehicle industry. The legislation allows an owner or operator of a recharging center for electric cars to resell electricity without the hindrance of being classified and regulated as an electric utility company. This sounds simple and maybe obvious to some, but it is a big win for those who anticipate the need for these stations in the future and are willing to invest in the infrastructure they demand. The bill passed and I anticipate it coming to the House Commerce Committee soon. Staying on the electric vehicle subject, House Bill 1093 asks for an increase in vehicle registration fees for electric motor vehicles. The current annual fee is $50, and this legislation increases it to $250. Many legislators are concerned that the state highway maintenance fund is not being compensated enough by electric vehicle owners as the fund is maintained by the tax on fuels needed to operate internal combustion engine vehicles. The bill will receive broad support, but any legislation with a tax increase tied to it has an unsure future. This will be an interesting bill to watch.
Finally, I attended (remotely) a Board of Regents presentation for legislators entitled the “Impact of Senate Bill 55 Task Force.” Whether you have been following it or not, through legislation passed in 2020, the Board of Regents was required to assemble a task force to study the operations and functions of the institutions of higher education under the board’s authority. The intent of the legislation was to identify efficiency opportunities for higher education, look for duplication of academic program offerings, and find ways to maximize the investment our taxpayers make in the higher education system every year. With the report now complete, the task force (made up of education leaders, business professionals, and legislators from the appropriations committee) suggested a number of cost saving measures that will yield immediate savings and could ultimately support lower tuition costs to students. The work has also found solid wins in areas such as combining certain common functions, contracts, and services within the system. Money saving is an important result of this study, but I am probably as impressed with the Workforce and Degree Gap Analysis that came from this work. The goal of the analysis is to better align academic programming with workforce/industry needs in South Dakota. Almost nothing interests or motivates me more than improving the condition of the state’s workforce… and this initiative is encouraging. There are many more recommendations the task force has documented, and you can find them at www.sdbor.edu.
Thank you for your interest and please contact me (Mike.Weisgram@sdlegislature.gov) with any questions or concerns.
Legislative Update – Week #1: by District 24 Representative Mike Weisgram (Jan. 14, 2022).
The workforce housing infrastructure legislation and the Cultural Heritage Center renovation project are topics that are on my mind as I pen this update this Friday afternoon. In order for each project to come to fruition, they will both require favorable action from the South Dakota State Legislature’s Joint Appropriations Committee.
As our Governor suggested in her budget address, the 200 million dollars recommended to fund workforce housing infrastructure investments is welcomed and appreciated by the workforce housing legislative summer study committee. The details regarding the implementation of this program has raised discussion among committee members, and I expect some suggestions of how to improve the mechanics of the program as proposed. I anticipate the results found throughout the summer study will be reflected by legislation and the programs being considered. I strongly believe that the commitment of this committee will act as a driving force to help us to respond with the most effective program to provide funding to cities and developers who are dedicated to expanding workforce housing availability.
Regarding the need for more housing in the Pierre/Fort Pierre communities, for example, our largest two employers in central South Dakota have over 135 full time jobs available. One of the leading challenges for employers to fill these positions is the absence of available housing for candidates that are considering moving here to start or continue their careers. To conclude, I know the administration and the housing committee members are committed to making positive things happen with affordable workforce housing, so I continue to be hopeful and optimistic that programs will be crafted and funded to make a positive impact.
Yesterday, I took the opportunity to visit the Cultural Heritage Center, here in Pierre, to familiarize myself with the proposed full renovation project that was recently announced. After viewing the renderings of the updated entry that will expand educational and programming spaces, improve exhibits and interactive displays, improve access for individuals with disabilities, and better accommodate school and tour bus traffic, I came away very impressed with this project and energized to help this worthy project receive funding. The building was completed in 1989 and opened as part of the state’s centennial celebration. Three decades later, it’s time to modernize the facility as a place for South Dakotans and our guests to fully experience the state’s rich history. Your District 24 legislators will be fervent supporters of this project.
Thank you and please call or email me (Mike.Weisgram@sdlegislature.gov) if you have any thoughts or questions.
Legislative Preview: Ready–Set–Session 2022 by District 24 Representative Mike Weisgram (Jan. 5, 2022).
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