2023 SD Legislative Session – Week 9, It’s a Wrap by Jim Mehlhaff, District 24 Senator (March 13, 2023).
Well my first legislative session as your District 24 Senator is a wrap. Though I experienced some disappointments over the last nine weeks, I am pleased to report that overall, it was a positive personal experience for me. Working with the House and the Governor, I think we accomplished some positive things for District 24 and the State of South Dakota.
In the first week of session we were able to move SB 41 off the floor and deliver it to the House for action in the second week of session. This established a program for housing infrastructure loans and grants, and is designed to help communities develop lots for more affordable housing. We also moved SB 21 in the early weeks of session which made an appropriation to fund costs related to the Black Hills National Forest Land and Resource Management Plan. The purpose of this state funding is to provide more local input into the management plan with the goal of maintaining a viable timber industry in the Black Hills. Not only does this provide good jobs for the region, it is a critical part of maintaining a healthy forest and a robust tourist industry that benefits the entire state.
SB 23 will invest $70M replacing the state’s enterprise resource planning systems. When I started working in state government back in 1995, I worked on the system that is in place now. It wasn’t new in 1995 and I think it is safe to say that we have gotten our money’s worth out of it. Fortunately, we have the resources available at this time to replace the system. It was a wise decision by the Governor to make this one of her priorities. HB 1035 makes a $25M appropriation to replace the software that manages our motor vehicle administration system. Again, the resources are available and it’s a good time to take care of this needed software upgrade.
Representative Mortenson introduced HB 1196 which will provide $3.2M in general funds and $2M in other fund authority to make further improvements to the Capitol Lake complex. Specifically, to secure the defective well that supplies water to Capitol Lake and to preserve the military and first responder memorials located around the fountain. This bill will also accommodate future memorials and improvements and will be overseen by the Capitol Complex Restoration and Beautification Commission.
We also passed and sent to the Governor’s desk HB 1127. This bill provides $5M in grants to volunteer fire departments. This money may only be used for the purchase of personal safety equipment. Our volunteer firefighters step up to protect us and our property, so we should step up to protect them. This bill was passed in recognition of the difficulty our local volunteer fire departments faced in carrying out their fundraising activities through the years of the pandemic. Hopefully, this will bridge the funding gap that was created during the shutdowns.
Finally, in the last days of the session we passed the general appropriations bill and a tax relief bill that will reduce the overall sales tax rate to 4.2%, resulting in about $105mm of tax relief. The appropriations bill responsibly funds state government and provides a 7% increase in state employee wages. It also provides an additional $11.6M in targeted increases for positions that are falling behind and are hard to hire and retain at the current pay level. It provides a 7% increase in education funding plus a $14.6M appropriation to freeze tuition at our universities and tech schools. And lastly it provides a 5% increase for our local providers, plus nearly $30.6M to move local providers to 100% reimbursement methodology.
I could go on and on about bills that were important to District 24 and the State of South Dakota, but I will end here. When I was running for this seat, I often said that if elected, District 24 would always be my first priority when I went to work each day. I am comfortable in saying that I was able to keep this pledge during session, and I intend to keep it during my interim work on the Rules Review Committee and the other duties that have been and will be assigned to me.
As always, thank you for the opportunity to serve in the Senate. If you have any questions or comments for me, please send me a note at jim.mehlhaff@sdlegislature.gov.
2023 SD Legislative Session – Week 8, by Jim Mehlhaff, District 24 Senator.
We are nearing the end of my first legislative session. Though I have participated in this process for many years from the other side of the table, I can honestly say this experience has been eye opening.
Last week I participated in my first smoke out. This is a legislative procedure used when a bill has been defeated in committee, but is revived and brought to the chamber floor for further action. More often than not, it is a bill that has drawn a great deal of attention and is rooted in a moral or cultural principle. A few years ago, it was a women’s sports bill that was defeated in committee, smoked out, calendared and passed by the full Senate. Last week, the process was used on HB 1116, An act to prohibit the use of state resources in hosting lewd or lascivious content. The bill passed the House on a vote of 60 to 10, but failed in the Senate Education Committee on a 4 to 3 vote. After a successful smoke out effort, it died on the Senate floor having failed to receive enough votes to add it to the debate calendar.
The incident prompting this legislation was a drag queen show hosted by a student organization on the campus of SDSU. Advertising for the event billed it as “family friendly” and encouraged people to bring their children, along with one- and five-dollar bills to tip the performers. I read HB 1116 carefully and found it to be reasonable. Arguments that it would call into question powderpuff football games where the football team may dress as cheerleaders, or plays like South Pacific where men appear working on a ships deck with no shirts, or movies/plays like Tootsie where actors impersonate the opposite gender are ridiculous. The bill would have put guardrails in place to prevent minors from being exposed to sexually explicit content on state supported properties. What surprised me the most was who showed up to kill the bill. The K-12 lobbyists came out in force, with the large school group, the associated school boards and the school administrators all testifying against the bill… Wow!
This is not the first time I have encountered circumstances such as those described in the previous paragraph. Prior to being elected to the State Senate, I served twelve years on the Pierre City Commission. During that time, our city library received a request to host a Drag Queen Story Hour as part of our children’s programing. If you have never heard of this, please Google it. In a nut shell, it is when a man, dressed in drag, reads books of their choosing, to children at public libraries or schools. As a responsible library board member and city commissioner, it was an easy decision for us to make. The answer was no. The discussions among our library director, other city leaders and myself included the possibilities of being sued by the ACLU, having protesters appear at our meetings, and getting negative national news coverage. But those things should not, and did not, influence our responsible decision making. It would have been an improper use of our public buildings and resources to host such an event at our library, and therefore, we did not allow it. If the leaders of other public institutions would display the same good judgement and courage, bills like HB 1116 would not be necessary.
As I write this column, we still have one week to go, with a number of important policy bills requiring Senate action. The battle of the budget, and tax relief will also be debated and decided in the final days of this session. It should all be very interesting… stay tuned!
As always, thank you for the opportunity to serve in the Senate. If you have any questions or comments for me, please send me a note at jim.mehlhaff@sdlegislature.gov.
2023 SD Legislative Session – Week 7, by Jim Mehlhaff, District 24 Senator.
Week seven is behind us and, as we gear up for the final two weeks, there is still much to be decided. Perhaps the most significant item is tax relief. Most people are aware that Governor Noem’s plan to eliminate the sales tax on groceries has been defeated in the House Appropriations Committee. They also defeated a property tax relief plan. What remains is HB 1137, a proposal that would reduce the overall sales tax from 4.5% to 4.2%. This is the largest tax relief plan of the three and would reduce taxes by approximately 105 million dollars. I expect HB 1137 to survive the legislative process in some form, however, rumors of possible changes are swirling the Capitol halls. Like most people, my thoughts on the subject are only speculation, but I do support some form of tax relief. We will see what comes out of the Appropriations Committee.
Another item discussed on the campaign trail, was my concern with the outsourcing of state government. During the last decade, there has been an alarming trend of allowing state employees in policy making positions, like cabinet secretaries and division directors, to run their departments and programs remotely, while living in other communities around the state. Pierre is the seat of state government. We make and implement policy here. While the individuals who hold these positions are very qualified people who possess the character and skills to do the job, it is my position that they could be much more effective if they were here leading their departments, rather than supervising staff via zoom meetings and telephone calls. The people who hold these positions should be using their tax payer funded offices on a daily basis. With this in mind, I have been removing the executive appointments from the consent calendar and voting “No” on any cabinet secretary who does not wish to be in the office on a regular basis. These jobs are among the best in District 24 and the salaries that go with them should be circulated in central South Dakota communities. Though the Governor’s staff and many of my fellow Senators are not fans of this practice, I have received many positive comments from the people who live, work, and own businesses in central South Dakota. This weekend, I received a letter from a local constituent criticizing me for this practice, but upon further investigation, I found they work directly for one of the “out-of-towners”. I strongly believe this practice is detrimental to state government and will continue to challenge this outsourcing practice.
As always, thank you for the opportunity to serve in the Senate. If you have any questions or comments for me, please send me a note at jim.mehlhaff@sdlegislature.gov.
2023 SD Legislative Session – Week 5, by Jim Mehlhaff, District 24 Senator.
Week five was another busy one in the South Dakota Legislature. Perhaps the most controversial piece of legislation to move through the Senate last week was House Bill 1080. Known as the Help Not Harm Act, this bill, if signed by the Governor, will prohibit the use of puberty blockers, cross-sex hormones and transition surgery on juveniles being treated for gender dysphoria. Legislation like this draws a lot of attention and intense reactions. I voted yes on this bill because I believe the research indicates these treatments do far more harm than good. The effects of these treatments are life changing and irreversible. The decision to receive them should be made by the adults who will live with the lifelong consequences.
Some other interesting bills that came through the Senate:
SB 133, a bill that would have required South Dakota license plates to display the state motto: “Under God The People Rule”. This bill came through the Senate Transportation Committee on a 5 to 1 vote. It ran into resistance on the Senate floor and failed on a 23 to 12 vote. The opposition was based on allowing the Department of Tourism to continue to use license plates as a marketing tool for our state.
SB 146, a bill that would limit parole opportunities for violent offenders and, in some cases, eliminate parole altogether. This bill passed out of the Senate Judiciary Committee on a 6 to 1 vote. It picked up momentum and passed on the Senate floor 32 to 3. SB 133 received first reading in the House and has been referred to the House Judiciary Committee
The House passed two bills relating to eminent domain that will come to the Senate for action.
HB 1230, a bill that would allow for the recovery of reasonable attorney fees and some other costs in cases where the court awards an amount that is 20% higher than the final offer in a condemnation action. This bill passed out of the House State Affairs Committee on a 10 to 3 vote and passed on the House floor 65 to 3. It has received first reading in the Senate and has been referred to Senate Commerce and Energy Committee.
HB 1133, a bill that would exclude products that are not being shipped for the purposes of distribution, consumption or processing from being defined as a commodity. This bill passed out of House State Affairs on a vote of 8 to 5 and passed on the House floor 40 to 28. It should receive first reading in the Senate this week and will be referred to either Commerce and Energy or the State Affairs Committee for a hearing.
The Joint Appropriations Committee will adopt a revenue estimate on Wednesday of this week. Knowing the estimated revenue for the year, should cause movement on some of the proposed spending and tax relief bills. Stay tuned as things will really get moving in the weeks ahead.
As always, thank you for the opportunity to serve in the Senate. If you have any questions or comments for me, please send me a note at jim.mehlhaff@sdlegislature.gov.
2023 SD Legislative Session – Weeks 3 and 4, by Jim Mehlhaff, District 24 Senator.
The last two weeks at the Capitol have been eventful. Some things of note are Governor Noem signing some important pieces of legislation. The first bill signing of the 2023 session was House Bill 1011, the unemployment insurance tax cut. This will reduce the unemployment insurance employer contribution by .5%. The result will be an $18 million tax cut for businesses in South Dakota. The Governor also signed Senate Bill 41 which will free up $200 million dollars for workforce housing infrastructure development. I know this has been a topic of great interest throughout District 24 and I am hopeful that our District 24 communities will see benefits from this action very soon.
Another noteworthy item was Governor Noem’s announcement of a plan to restrict foreign purchases of ag land. This plan proposes to create a board to review proposed foreign purchases of ag land and make a recommendation of approval or denial to the Governor. This action was prompted by a recent land purchase near the Minot, ND Air Force base by Chinese interests. The proposed board would be made up of three ex officio members to include the Governor’s General Counsel, the Secretary of Agriculture and Natural Resources and the Director of the SD Office of Homeland Security. The proposed board would also include two members appointed by the Governor. One an agriculture industry expert and land owner, the other a national/state security expert. The Governor’s General Counsel would chair the board.
I suspect some of you are interested in the Senator Frye-Mueller disciplinary matter. Though it is something I would like to put behind me and never think about again, I will give you my take on it. On Wednesday, January 25, we received verbal notice that a harassment allegation had been leveled against Senator Frye-Mueller. Pending the receipt of a written complaint the Senate President Pro Tem, Senator Lee Schoenbeck, removed Senator Frye-Mueller from her committee assignments. This is within the President Pro Tem’s discretion and does not require any action by the body. On Thursday, January 26, Senate leadership received a copy of the written complaint from Legislative Research Council (LRC) staff and it was presented to the caucuses for discussion. The decision was made to suspend the rules, place Senator Frye-Mueller on temporary suspension and appoint a select committee on discipline. The reason for the suspension was to remove Senator Frye-Mueller from having any contact with the complainant pending the outcome of the investigation. Though I did get a few supportive messages, the vast majority of the feedback I received was critical. I did vote in favor of the motion, but I am not certain it was the right move. Frankly, we did not have any good choices and I tried to make the best decisions with the information that was available at the time. On Monday, January 30, the Select Committee on Discipline met to develop a process. A hearing was held the following day. On Wednesday, February 1, a report recommending that Senator Frye-Mueller be censured for her inappropriate behavior, that her suspension be lifted immediately and that she be directed not to have any interactions with LRC staff, including pages and interns. The report, and its recommendations, were accepted by the body on a vote of 33 to 1. This matter is now closed.
In the coming weeks there should be a lot of Senate action on interesting issues. HB 1080, a bill that would prohibit cross sex hormone therapy and transition surgery on minor children, has passed the House and will be making its way through the Senate. If it makes it to the floor, I will be a yes vote on this bill. Also, Governor Noem’s repeal of the sales tax on food was assigned to House Taxation and was then referred to House Appropriations. So, it is unclear when the Senate will get a look at it, if ever. There are also a number of pipeline bills that will be heard in the House this week. Things are starting to get interesting!
As always, thank you for the opportunity to serve you in the Senate. If you ever have questions or comments, please send me a note at jim.mehlhaff@sdlegislature.gov.
2023 SD Legislative Session – Two Weeks In, by Jim Mehlhaff, District 24 Senator.
As a new legislator, the first two weeks of session has been a whirlwind of activity. Much of what happened during this time was related to procedure and process. Organizing the chambers by electing officers, adopting rules and learning the traditions and decorum that guide respectful debate in the Senate Chamber. As these things were happening however, the process of bill drafting was also going on. Bills were introduced and assigned to committees. I serve on three standing committees: Judiciary, Agriculture and Natural Resources, and Local Government. I am also assigned to Retirement Laws Committee which meets at the call of the Chair and Rules Review Committee which is an interim committee that meets periodically during the interim to review and approve rules proposed by state government agencies.
My busiest committee, by far, is Judiciary. Twenty-nine bills have been assigned to this committee and we have had three meetings with full agendas. We have received agency briefings from the Department of Corrections and the Attorney General and issue briefings from the Education lobby, the Sheriff’s Association and from several local law enforcement agencies. In addition to this, we have held hearings on eight of the twenty-nine bills assigned to our committee. I expect several more pieces of legislation to be assigned as we move through session, so it is important to make good use of this time in the early weeks.
The Agriculture and Natural Resources Committee has been assigned nine bills and has taken action on three of them. We have also received an agency briefing from the Department of Agriculture and Natural Resources.
In the Local Government Committee, we took action on one of the three bills assigned to us. That bill was SB 56, an act to revise requirements to relocate a county seat. During the hearing, there were many proponents and opponents. The bill was significantly amended prior to passage. In addition to this bill hearing, we also received an informational presentation on elections from the National Conference of State Legislatures (NCSL).
The Chairman of Retirement Laws called a meeting to receive briefings from the State Retirement System and the State Investment Council. At this time, we do not have any bills assigned to the committee. I am aware that there are bills making their way through the House of Representatives that will be assigned at a later date.
In the first week of session, the Senate Commerce and Energy Committee moved SB 41 to the Senate floor. This is a continuation of work that was done last year to facilitate the construction of workforce housing infrastructure. Though it was passed last year, some issues with the legislation prevented the utilization of $200,000,000 that was appropriated. SB 41 fixes these issues and would allow the fund to be utilized to facilitate infrastructure development. At this time, SB 41 is awaiting action in the House Chamber. In the second week, SB 1 came to the full Senate for debate. SB 1 is an act to expand the number of medical conditions that cannabis can be used to treat. Though it came out of the Health and Human Services Committee on a vote of 6 to 1, it hit some head winds in the full Senate and received 15 no votes after a spirited debate. Much of it centered around the lack of medical supervision and the use of temporary pop-up clinics staffed by out of state Doctors. It ultimately passed 20 to 15. I was one of the 15 “No” votes and will continue to be until we get a handle on the patient-Dr. relationship issue.
Thank you for the opportunity to serve in the Senate. If you have any questions or comments for me, please send me a note at jim.mehlhaff@sdlegislature.gov.
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