Tuesday, February 4, 2014

Various Bills -2014

Various  bills (2014) of concern will be added here

Remember to scroll down to archives for directions on how to contact Legislators
Access to non-meandered waters & mountain lion bills are in their own sections


Please Oppose HB 1083 (dead bill)

ISSUE
This bill, if it had passed, would have restricted conservation easements to 99 years instead of the current option of a perpetual (forever) easement. Conservation easements are a voluntary action a landowner can take to protect grassland or wetland habitat on their land.  This bill has come up numerous times in recent years and it has always been defeated.  Last year an attempt to restrict the length of conservation easements was killed in committee, but this year it was killed on the House Floor. A version of this bill endlessly recycles in most years, - see vote below and remember it, as this will likely endlessly recycle and need to be killed again and again.

STATUS:
It was amended & passed House Ag and Natural Resources Committee Thursday morning (2/6) with split vote.  It went  to a floor vote 
- for committee vote roll call:
http://legis.sd.gov/Legislative_Session/Bills/RollCall.aspx?Vote=15657&Session=2014
 - for update on status
http://legis.sd.gov/Legislative_Session/Bills/Bill.aspx?Bill=1083&Session=2014
for copy of bill in current form:
http://legis.sd.gov/Legislative_Session/Bills/Bill.aspx?File=HB1083HAG.htm&Session=2014


A nay vote is the pro-conservation vote - House vote: Yeas 17, Nays 51, Excused 2, Absent 0

   Yeas: Bolin; Cammack; Ecklund; Greenfield; Hickey; Kaiser; Kopp; Latterell; May; Nelson; Olson (Betty); Qualm; Russell; Schaefer; Steele; Verchio; Wink
   Nays: Anderson; Bartling; Campbell; Carson; Conzet; Cronin; Dryden; Duvall; Erickson; Feickert; Feinstein; Gibson; Haggar (Don); Haggar (Jenna); Hajek; Hawks; Hawley; Heinemann (Leslie); Heinert; Hoffman; Hunhoff (Bernie); Johns; Killer; Kirschman; Langer; Lust; Magstadt; Mickelson; Munsterman; Novstrup (David); Otten (Herman); Parsley; Rasmussen; Ring; Romkema; Rounds; Rozum; Schoenfish; Schrempp; Sly; Soli; Solum; Stalzer; Stevens; Tulson; Tyler; Werner; Westra; Wick; Wismer; Speaker Gosch
 Excused: Craig; Peterson

Please Support House Bill 1193  (dead bill)

 
This bill, if passed, would have  protected the aquifers beneath proposed in situ uranium mining sites. 
But was killed in House Agriculture & Natural Resources. To see the vote (a nay vote is pro-water)
http://legis.sd.gov/Legislative_Session/Bills/RollCall.aspx?Vote=16065&Session=2014

This bill would have done three things:
  1. Requires any company asking for a permit for in situ leach uranium mining to prove that the subsurface geology at the mine sites is structured so that it will prevent water from migrating from aquifer to aquifer, so if one aquifer becomes polluted, it cannot contaminate the remaining aquifers.
  2. Requires any company asking for a water permit for in situ leach uranium mining to prove they can restore water to baseline (which is defined in the bill) and to include their water restoration schedule with their permit.
  3. Requires any company asking for a water permit for in situ leach uranium mining to demonstrate the technology they will use to clean up the water – it can’t be just theoretical, they actually have to PROVE IT.

A violation of any of these provisions would be subject to criminal penalties and a $10,000 per day fine.


DRA has a pod cast on this
http://hwcdn.libsyn.com/p/b/e/c/beca23a7826c2e68/Dakota_Rural_Voices_-_Protect_Our_Water.m4a?c_id=6807129&expiration=1392056231&hwt=a1a52c0e267cafae4aada70e17aa1b77

Please support HB 1254 - Renewable energy, distributed generation (dead)

It would encourage the development of small-scale renewable electrical generation by requiring energy utilities to buy excess .energy from individuals or other non-commercial customers who  generate 150 kilowatts or less of renewable electricity (solar, wind, 

geothermal or biomass) and supply their excess back to the grid. The  utility would pay the small generator 70 percent of the utility's per 

kilowatt retail price. Referred to Ag and Natural Resources, It was killed on Tues.  2/18, 10  to 4.
 The nay vote is the pro-renewable energy vote
http://legis.sd.gov/Legislative_Session/Bills/RollCall.aspx?Vote=16134&Session=2014

Committee results  not yet posted (as of Wednesday morn.)


http://legis.sd.gov/Legislative_Session/Committees/CommitteeMembers.aspx?Committee=232&Session=2014



http://legis.sd.gov/Legislative_Session/Bills/Bill.aspx?Bill=1254&Session=2014

DRA has a Podcast on this is at

http://ec.libsyn.com/p/3/4/b/34b687785781c2b4/Dakota_Rural_Voices_-_Distributed_Generation_Solar_Panels_Away.m4a?d13a76d516d9dec20c3d276ce028ed5089ab1ce3dae902ea1d01c18537d4cf5b6046&c_id=6700500


Please oppose SB 162- taxes on precious metal mining (alive or dead?))

This bill is on the Senate floor on Wednesday 2/19/14 and high up on agenda.
This bill passed on the first day and was returned for reconsideration on next day 2/21 & failed, thus we believe it is dead.

SB 162 was written to repeal the state's 4 percent mineral severance tax. This  bill is introduced to benefit Wharf Resources, which is currently
strip mining gold at the base of Terry Peak and hopes to also mine  just beyond the rim of Spearfish Canyon. South Dakota has no
corporate income tax, so this is the only revenue the state gets for  allowing this foreign company to remove our resources. Why should we
permit continued destruction in the Black Hills and not even tax the profits from our resources? This passed out of Committee 2/12/14, but was amended -- 
 to cut the severance tax on gold in half, to $2 per oz., and to reduce the net profit tax (as defined by Wharf's tax lawyers) from 10% to 8%.  The amended bill passed the Senate Taxation Committee 4-3.

Both the bill and the amendment were written and presented by life-time lobbyist Larry Mann of Wharf Resources, the foreign company conducting cyanide heap leach mining at the base of Terry Peak. The present tax law was written in 1984 when gold sold for under $400 per oz. In 2013 gold sold for almost $1,700 per oz. and the current price is almost $1,300 per oz. Yet Wharf's lobbyist claims the corporation needs tax relief! If Wharf's profit has declined, it is because they have mined all the rich ore and are currently blasting, pulverizing and leaching 50 tons of Black Hills mountain to get each ounce of a luxury hedge for global investors. The SD Department of Revenue testified that this bill would cost the state general fund $560,000 per year, which would require further cuts to state programs. 
legis.sd.gov/Legislative_Session/Committees/CommitteeMembers.aspx?Committee=215&Session=2014.

Folks interested in this bill should get on The Sierra Club's mailing list. Their lobbyist is following it  --thanks to them for keeping us informed  To get on their mailing list -- contact vikki fix <vikkifix@q.com>

http://legis.sd.gov/Legislative_Session/Bills/Bill.aspx?Bill=162&Session=2014

SB 46  - Felony Animal Cruelty bill proposed -  Support bill (alive-final unless vetoed)


SD may become the last state in the nation to adopt a felony cruelty law for worst cruelty to animals. Short article about it. 
https://www.thedodo.com/all-50-states-will-be-able-to--406636130.html#all-50-states-will-be-able-to--406636130.html
To view bill:
http://legis.sd.gov/Legislative_Session/Bills/Bill.aspx?Bill=46&Session=2014

This was amended and passed out of  Senate Agriculture and Natural Resources with unanimous vote , it was  on Senate Calendar  for  Thursday 2/12/14 & passed with unanimous vote,  It passed out of House Judiciary and the House floor,

House vote
http://legis.sd.gov/Legislative_Session/Bills/RollCall.aspx?Vote=17191&Session=2014
Judiciary Committee Vote
http://legis.sd.gov/Legislative_Session/Bills/RollCall.aspx?Vote=17094&Session=2014

HB 1172 - Open Government for Legislature (Dead) 

 An Act to require when there is a majority  (quorum) of legislators (House or Senate)  gathered discussing legislation, the public should have a right to hear what is being discussed and decided about their legislation. Why this bill? Republicans have substantial majority & have closed caucuses.  Committee members may  meet & decide how to vote before hearing on bill.
To visit bill & status
http://legis.sd.gov/Legislative_Session/Bills/Bill.aspx?Bill=1172&Session=2014 

This bill was killed in State Affairs 3 to 9  To see vote (a nay vote is vote for open government) :.
http://legis.sd.gov/Legislative_Session/Bills/RollCall.aspx?Vote=15966&Session=2014

The Constitution of South Dakota says: " § 15. Open legislative sessions--Exception. The sessions of each house and of the committee of the whole shall be open, unless when the business is such as ought to be kept secret." The SD GOP platform says: "5.13 The South Dakota Republican Party believes the free flow of information empowers and energizes a republic and serves to keep the process of government honest and robust."

HB 1154 - Easements Across State School Lands - (Alive-final unless vetoed) 

An Act to authorize the commissioner of school and public lands to grant certain surface and subsurface easements to provide access to oil, gas, minerals, and geothermal resources.

This bill passed both house and senate

To view the bill

We were originally concerned about impacts from this bill, but have been told it will only allow slant drilling from State School Public Lands to third party property.





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