Bills are all entered in the Legislative process
By Jason | February 4, 2010
“Discussion”, “questions”, and “final action on legislation” are the buzz words in our South Dakota Legislature. Our committee hearings are regularly dispensing with about four bills during each meeting and I feel fairness has been exercised. All legislation must be entered into our system and now the general public, lobbyists, and State employees hone in on important issues for their cause.
Our House Agriculture and Natural Resources Committee recently dealt with three bills that change the State statute for a commission and check-off councils. The Weed and Pest Commission legislation removed the voting membership of the Secretary of Agriculture and the Dean of the Agriculture and Biological Sciences College at South Dakota State University. These two departments do not have a large amount of ownership if any of agriculture land, so it is fitting to move them to an advisory capacity.
The Corn Utilization Council brought us Legislation to reduce the number of board members who decide how to spend the producer contributed check-off dollars. I voted against this bill in committee because I am concerned about reducing the number of corn producers who decide how to spend the funds we contribute when we sell our corn. When this bill came to the House Floor I did support it, because I understand they want to increase the quality of those who serve, but I still have some reservations about producer participation. Lastly a bill was presented to us from the Oilseed Commission that reduces the number of board members, increase the check-off fee, as well as removes the referendum language. I did not support this bill in committee because I think having access to a referendum procedure is important. However, in the current form the process for oilseed producers to put the check-off to a referendum vote is somewhat confusing.
I am proud to be moving various pieces of legislation. I had my first hearing on a bill of this session; and it was also my first House Bill to be passed out of Committee and head to the House Floor. House Bill 1190 which revises the Opportunity Scholarship requirements to include Career and Technical Education in the elective category along with world languages. This bill also includes a change that allows a postsecondary student to maintain their scholarship if they complete 30 credits a year, instead of 15 credits for each semester. The reason for this change is that a student may enroll in 16 credits for a semester in college or technical school, but then decides to drop a class of two or three credits and therefore be ineligible for the scholarship anymore. HB 1190 received unanimous support from the House Education committee. I ask anyone interested to please contact members of the Legislature to voice support for HB 1190.
I continue to work with pilots of crop dusters, the Public Utilities Commission, and wind energy developers to remedy and concerns with House Bill 1155. This bill will require owners of anemometer wind metering towers to register the location; in an effort to inform pilots who may be flying low to the ground. HB 1155 will have a hearing in House Commerce on Wednesday, February 10th.
House Bill 1060 has certainly sparked interest in District 1 and our counties of Day, Marshall and Roberts. This bill is sponsored by the Department of Revenue in an effort to adjust the tier system for tax breaks for large industry projects. The adjustment proposed would retain more of the taxes with the State and return less to the companies who may construct wind towers, transmission lines, power plants, and pipelines. I have proposed an alternative to HB 1060. My bill, HB 1246 would repeal the tax break for strictly oil pipelines. I feel it is fair that the State retain the taxes paid by oil pipeline companies. HB 1246 will first have a hearing in House Taxation on a day to be determined within the next few weeks. I welcome your thoughts on this issue as well as any Legislative Issues.
House Bill 1274 is another piece of legislation that I am working on that will remove the three mile buffer of beekeeping operations (apiaries). Landowner rights is a prime reason for support of this bill because if a beekeeper would place hives on private property; any neighbors within 3 miles would most likely be prohibited from allowing other commercial beekeepers to place hives on their property. Disease was an issue when this language was inserted into State statute. Today proper control methods are available to control diseases and mites. Lastly, most beekeepers have their bees pollinating trees in the southern and western United States; obviously co-mingled and not maintaining the three-mile buffer.
In the House Local government committee we will hear discussion and take final action on House Bill 1198 which would allow municipalities the option to impose an extra penny of sales tax for a limited time and limited use. I am opposed to this bill, because I think the State should maintain priority on sales tax. Municipalities have options to raise revenue, but I do understand extra sales tax revenue would be simple for the cities. Again please share your thoughts on this bill.
I enjoy serving as your Representative in the State House of Representatives and please schedule some time to visit us in Pierre during the Legislative session.
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Wilmot and Waubay Seniors visit the “Peoples House”
By Jason | February 4, 2010
I very much enjoyed the Senior Government Classes from both Wilmot and Waubay who made the trip to Pierre to visit our State Capitol on February 3rd. Thank you to their instructors – Eric Lappe, Wilmot and Doug Riter, Waubay who have made this a routine to bring their students to witness the Legislative process.
The students were able to tour both the House and Senate, the Governor’s Office, Democratic Caucus, and of course be introduced in the House of Representatives during session.
Below is a picture of the Wilmot Seniors and their instructor, Eric Lappe.
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Success in Education Committee
By Jason | February 4, 2010
Wednesday, February 3rd was an enjoyable day in the House Education Committee. We had a large amount of supporters attend the bill hearing for House Bill 1190 which revises the Opportunity Scholarship requirements to include Career and Technical Education in the elective category along with world languages. This bill also includes a change that allows a postsecondary student to maintain their scholarship if they complete 30 credits a year, instead of 15 credits for each semester. The reason for this change is that a student may enroll in 16 credits for a semester in college or technical school, but then decides to drop a class of two or three credits and therefore be ineligible for the scholarship anymore.
The support of proponents in the committee was tremendous, and I know many folks throughout the State contacted the House Education committee members and their Legislators. Now we need to continue the momentum to ensure that HB 1190 is given favorable consideration on the House Floor next week!
Below are a few links to information on HB 1190:
http://legis.state.sd.us/sessions/2010/CommitteeMinutes.aspx?Committee=17&File=minHED02030745.htm
http://legis.state.sd.us/sessions/2010/index.aspx
You can check out the South Dakota Public Broadcasting STATEHOUSE segment that highlights the important facts of HB 1190 via this link: http://www.sdpb.org/Statehouse/shows.aspx?MediaID=57752&Parmtype=TV&ParmAccessLevel=sdpb-all
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House Bill 1190 first Prime Sponsor Bill Hearing this Session
By Jason | February 3, 2010
House Bill 1190, legislation that will change the Opportunities Scholarship to include Career and Technical Education courses in the elective category along with world languages is up for a Committee Hearing on Wednesday at 7:45am. The House Education Committee will hear testimony and decide final action on the proposed legislation.
This Bill has been enjoyable working through all necessary channels to garner support. I will directly be able to see the benefits to this legislation because I teach dual credit high school students who take agriculture education courses at Lake Area Technical Instititute.
School superintendents, school counselors, teachers, and industry professionals have voiced their support for Career and Technical Education and want to see this bill become law.
I am fortunate to have a solid Prime Sponsor in the “other Chamber”, Sen. Russ Olson. Last session I worked with Sen. Olson to change the High School graduation requirements to allow more flexibility for our Career and Technical Education and credit towards core content like math and science.
If you would like to follow this Bill or tune into the committee discussion please visit the following link:
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Week Three: Sponsoring Legislation
By Jason | January 28, 2010
Sponsoring of legislation is in full speed at your State Capitol building. I think this time of the Legislative Session is the most nervous for State Agencies and Lobbyists because they don’t know what kind of legislation will be brought forward. But it is also interesting for lawmakers because we have to finalize who we want to sign on to our bills and support our intent of the legislation.
I have enjoyed working on the repeal of the contractors excise tax on pipelines. Leaders from the Republican side of the aisle in the Senate have opened up to the idea and want to be involved in any fashion to ensure the State can grab money that should go to our State Treasury. I am not worried that the pipeline companies would try to go outside of our State borders. It is quite clear that traveling through South Dakota is the plan for the pipeline and the companies expect to utilize the resources in our State to make their project a success.
Signing on to legislation as a co-sponsor is a privilege all of us Legislators can decide to exercise. One piece of legislation I am proud to co-sponsor will split the Department of Tourism and Economic Development into two departments. Obviously the title indicates there are two areas of State Government addressed in the current combined department. The legislation I co-sponsored will split this department and keep the Arts with Tourism and create a separate Department of Economic Development.
I am proud to report that today the House of Representatives gave unanimous support to House Bill 1064 which is considered the “Good Samaritan Law”. This legislation guarantees rights to first responders their ability to have access to limited medical records of a patient who may emit bodily fluid on them. This issue is localized as I have visited with an individual who was serving as an EMT and helped a lady who had a syringe with a needle in her hand and the needle actually punctured the glove of the EMT. Currently that EMT does not have access to find out if the patient has any diseases. With this legislation the EMT or whoever is providing help will be granted access if the EMT is of risk.
Lastly, today in the House we adopted House Bill 1014 which establishes steep fines for poaching trophy big game animals. What was more interesting in this discussion was an amendment we adopted that diverts these funds not to a civil penalty, but to a court imposed fine. Which would be similar to overweight fines and the money goes to the local school district. We are always told the wildlife belong to all South Dakotans, therefore the fine money should go to the local school district for the students.
Please keep in touch with me on any issues of concern. I have heard issues on the James River Water district and County Jails; and all of the issues are important and deserve discussion.
You can follow me on my website at www.jasonfrerichs.com and my cell phone is the easiest to reach me at 949-2204. I enjoy serving you as your Representative in Pierre.
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Middle of Week Two in the South Dakota Legislature
By Jason | January 21, 2010
Week two of our State Legislative Session signifies that our committees, floor action, and general legislative activity start to build momentum.
I serve on two committees: Agriculture and Natural Resources Committee and Local Government.
In the agriculture committee we have heard reports from the three State agencies who report to us: Agriculture, Game Fish & Parks, and Department of Environment and Natural Resources.
I informed the Secretary of Agriculture to keep in mind our friends of the community of Waubay in dealing with the rising Bitter Lake. The Agriculture Department works on rural development issues; which is why I was sure to communicate this message to the Secretary.
Our Game, Fish & Parks Department has generous financial resources at their disposal for the protection and growth of wildlife. I asked the G,F&P to consider sharing some of these resources to also assist in our State Park system. However, the constant response we receive on any request to “broaden the use” of game funds results in the response that South Dakota might lose the Federal sporting goods excise tax revenue. Hartford Beach State Park is in need of financial resources especially for roads to expand the campground. No definite date has been established, but I hope the G,F&P will find a way to grow the opportunities at Hartford Beach.
In the near future there are only a few bills which will have hearings on in our Agriculture and Natural Resources committee dealing with the Game, Fish & Parks. One bill will require conservation officers to receive permission from a landowner to enter their property to perform routine license and bag limit checks. I think a fair compromise to this bill would be to simply require conservation officers to notify a landowner that they will be on their property. I welcome your thoughts on this issue. Another G,F&P bill is from the department and would increase the fines substantially if trophy big game animals are illegally taken. This makes logical sense, but I do have concern if a landowner/operator would find a trophy buck that dies and decide to hang up the antlers in their machine shed; would they be held liable for the steep fines?
Our House Local Government committee unanimously passed a bill that sets some requirements for county auditors when an independent requests a primary election ballot. Recently the South Dakota Democrat Party opened up our primary election to allow independent voters to participate. Through this legislation that we adopted it states that in the request for an absentee ballot through the mail that the independent voter must specify whether they want a democrat ballot or they will receive a non-political ballot (which could be school board or city elections) if available.
Another possible bill on the horizon for me is to discontinue the apiary (beekeeping) 3 mile setback as well as their registration process. I have visited with constituents in our area who have concern with the 3 mile buffer under State law for bee operators. When this law was established concern over disease was the selling point; however I think it wrongfully limits young people and entrepreneurs from participating in the beekeeping industry. We know that bees winter in mostly warm areas of the United States; and obviously they don’t keep the 3 mile buffer during that time. Stay tuned for more on this issue.
This summer I was informed by the Governor’s Office that three of the State’s largest fleet fueling stations will now supply E85. I enjoyed hearing the good news that the Executive Branch of State Government has recognized we must utilize more of the billion gallons of ethanol produced in our State annually. Recently I visited with the Bureau of Administration and they also mentioned that research is being conducted on the cost/mile of using E85 in the State vehicles. I applaud this effort and I hope they will partner with South Dakota State University to assist in disseminating the research information.
I enjoy serving as your Representative in the “Peoples House”.
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Fifth Legislative Day
By Jason | January 19, 2010
Committee work is activated in the South Dakota House of Representatives.
We started off today in the House Agriculture and Natural Resources Committee and heard from our Secretary of Agriculture, Bill Even. The impact of agriculture to provide a solid foundation throughout our entire economy is quite evident in these difficult economic times we are experiencing.
Local Government cleaned up some campaign finance regulations and also defined which ballot Independents can receive in a General Election since the Democrat Party has now opened their doors to allow Independents to vote in our Primary.
On the Floor of the House we unanimously adopted a long-awaited Veterans Bill that requires the director of Veterans Affairs must have received atleast an honorable discharge.
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First week of Session in the 2010 South Dakota House of Representatives
By Jason | January 14, 2010
Hello from your State Capitol in Pierre. Balmy weather in Pierre and across the State is a very nice welcome to the start of our 2010 Legislative Session.
Governor Rounds’ State of the State address kicked off our joint session with the House of Representatives and the Senate. The Governor utilized this time to review the accomplishments and changes that have taken place in our State during the past seven years. I enjoyed how the Governor emphasized the importance of agriculture in sustaining our economy in South Dakota. However, the agriculture industry still faces many challenges with the lower livestock prices, high input costs, and problems that arise with the late harvest of our crops. I am a little disappointed that the Governor did not use time during his address to highlight legislation that his office is proposing this Legislative Session
Sisseton native and Chief Justice of the South Dakota Supreme Court, David Gilbertson, delivered his State of the Judiciary to the Legislature. He gave is address by answering a series of questions that he had received over the past year about our court system. The Chief Justice also introduced us to the new Justice of the Supreme Court, Justice Glen Severson.
Legislation I am currently working on to be introduced this session include changing the Opportunity Scholarship requirements to allow credit for Career and Technical Education; create an anemometer tower registry, and repeal contractors excise tax breaks for oil pipelines.
Currently the Opportunity Scholarship program is operated by the Board of Regents and was formerly known as the Regents Scholar program. The Opportunity Scholarship is granted to students who meet rigorous academic requirements and attend any postsecondary institution in the state. However, some students are denied this scholarship if they do not take enough credits in world languages. I feel that as an alternative to world language classes, our students who take Career and Technical Education courses should be able to receive this scholarship.
Many of you probably know where the aluminum pipe towers with anemometers that measure the speed and direction of wind currents are located throughout the District. Almost all of these towers are lower than the Federal Aviation requirements to be equipped with lights but pilots, especially those who fly crop dusters, have expressed concerns that these towers are hard to see and could be a possible safety hazard. Landowners and community members will be informed about who may be placing wind metering devices in their area if they would choose to look at the Public Utilities Commission website after this legislation is approved.
The financial condition of our State is obviously the main topic in this Legislative Session. I feel that we should not be giving the contractors excise tax refund to companies who put an oil or gas pipeline through our State. If anyone were to have a construction project performed on their land or in their home, they are required to pay the contractors excise tax. Therefore, I feel it is only fair that pipeline companies pay their fair share and assist our State Treasury.
This Fall/Winter I have been participating in a Canada Goose Management Working Group with the Department of Game, Fish & Parks. These meetings have opened up my view of wildlife issues. As a landowner and sportsman myself, I feel it is important for all of us to find a solution to the issue of our overpopulation of resident Giant Canada Geese. Obviously increase the bag limit, extending the hunting season, and allow sub permitting to landowners to remove “problem” geese will help to reduce the number of Canada Geese. However we also need to make every effort to join landowners and sportsmen together and increase hunting opportunities and early control of geese.
I enjoy serving all of you in the “People’s House” and I hope that I am able to do my best to represent the pulse of Northeastern South Dakota and also be able to look at a particular issue and make a decision.
Please come and visit us during the Legislative Session and see our government in action. Feel free to contact me with your thoughts and concerns at (605) 949-2204 or rep.frerichs@state.sd.us.
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Participation in the Canada Goose Working Group and Back to Pierre!
By Jason | January 13, 2010
I am excited to be back in Pierre and get to work on the issues that will affect our education system, social services, roads, and many other State services.
When we have been out of Session I do my best of keep up with local meetings of organizations and visit with constituents who have issues and concerns of how we can make government work better for the people.
The Game Fish and Parks asked me to serve on a Canada Goose Management Working Group. We all know of the issues with geese harvesting crops in the summer time; most soybeans are affected by the geese that are molting and often times can’t fly and just continue to feed on the crops. So far public input meetings have been held in Watertown, Webster, and Brookings. Our last meeting will be in Madison on Thursday, January 14th.
I have really enjoyed the dynamics of these meetings. Landowners, sportsmen, and officials with G,F&P sit down together at the tables and discuss the issues of dealing with our overpopulation of resident Giant Canada Geese. The term resident here means that the geese nest in South Dakota. Many possible tools have been presented by all parties involved such as increasing the bag limit on geese, extending the season, allow sub permitting of landowners to harvest problem geese on their land and planting buffer strips of small grain or grass near wetlands.
From my vantage point as an agriculture producer I know that when I have an issue on my farm or a problem, I like to be able to take care of the problem and move on. When dealing with these geese many farmers have to contact the G,F&P and request that they put up a temporary electric fence and hope that the geese will stay out of the soybeans. This could end up being a long time until any real solutions to the problem are reached on a farm. Under certain circumstances with oversight from the G,F&P I think that allowing sub permitting of landowners to harvest a few of the problem geese would be beneficial in restoring landowner confidence in the G,F&P.
Sportsmen and women want to do all they can to help and preserve the waterfowl opportunities we have in South Dakota. I hope many sportsmen will approach our landowners (especially in Northeastern South Dakota) and ask to assist them with their goose problems in the summertime. Lending a helping hand early, might just guarantee some prime hunting in the fall by forging a relationship. I challenge sportsmen organizations and farm groups to partner and spread the message to their members that we all need to work together and hopefully solve this issue locally on each of the farms.
Please let me know if you have any ideas because as a Working Group we will meet after the Madison meeting and formulate an official proposal to the Game, Fish and Parks Commission on how they can better manage our resident Canada Goose population. You can reach me at (605) 949-2204 or email me at rep.frerichs@state.sd.us.
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Fee/Tax Increases in effect on July First
By Jason | July 6, 2009
The following is a Guest Editorial that I wrote for the Watertown Public Opinion that was published in the July 1, 2009 edition.
Many of us rely on the State of South Dakota to provide services to us as taxpayers and citizens. Perhaps registering a corporation through the Secretary of State, licensing a motor vehicle, or indirectly through a visit to a healthcare facility would be just a few examples. After the 2009 Legislative Session many state services became more expensive to utilize.
Throughout the Legislative Session various State Department employees would lobby us on behalf of their bill that will send more revenue to the State of South Dakota. These employees of the State wear a blue badge which is different than the contract lobbyists who have a white badge. Many times in the morning before a session the floor of the House of Representatives would be covered with “blue badges” in an attempt to shore up the needed votes for their fee/tax increase to pass.
The days leading up to the Legislative Session I was never crazy about supporting the fee/tax increases, and throughout the Session I continued to oppose these increases on South Dakotans. The only fee increases I supported were those dealing with increasing professional fees and those who are late on child support.
I encourage all of you to examine where you are required to “file” State paperwork or receive licenses, registration, and permits, because those fees will most likely be increased on July First.
Healthcare facilities were the recipients of some of these fee increases, over $200,000 extra will be deposited in the State’s General Fund. We all know that long-term care facilities are strapped to make ends meet in rural South Dakota, so these fee increases will be an extra burden. Thanks to the efforts of some legislators a portion of the fee increases were reduced from what the Executive Branch requested for raising taxes on South Dakotans.
I had the opportunity to be involved from the beginning on the agriculture related fees that were presented to the House Agriculture and Natural Resources Committee. An increase in fees on the seed/nursery/greenhouse facilities was one bill and another bill increased the fees on dairy operations. These two pieces of legislation troubled me. First off, many greenhouse operators do it as a service to the community and run on thin margins; so why increase their fees? Next, the Dairy Industry is going through very difficult times with extremely low milk price/hundredweight; with some even selling their cows and getting out of the business.
Almost all of these fee increases were “sold” to Legislators on the basis that the program is do or die. If we didn’t support the fee increase; the state service would be gone. Ridiculous and I didn’t buy that argument. Do you really think they would discontinue a dairy inspection program that ensures safe, clean milk and dairy products for consumers? That would be foolish, and that’s exactly what these fee increases have accomplished, foolishness.
A positive alternative to these fee increases could have been an across the board percentage cut to State Government and force State Agencies to look for and find inefficiencies to save money.
There is a fee increase that I would have been glad to support. It was a bill that would attach a fee for each barrel of oil that travels in a pipeline through South Dakota. The sheer purpose of this fee would be to create a cleanup fund for any problems with the pipeline. However, this bill was killed in the Senate State Affairs committee, so I didn’t get a chance to vote on that bill.
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