Week Five

The Legislature is down to three weeks of this year's session, and they will be busy ones. Wednesday is the day we call crossover day. That is the last day a bill has to be either passed off the floor or be killed in its House of origin. Something that is a bit odd this year, the House has only 16 House bills to be heard Tuesday, and the Senate has 27. Typically the House is stacked up with more bills leading up to crossover day than the Senate, but I am guessing the House will have more bills to hear on Wednesday than the Senate.

Last week in Senate Taxation Committee, we heard SB 166, An Act to reduce the rate of gross receipts on certain foods. SB 166 would reduce the sales tax on food to zero on July 1st 2020. SB 166 was sent to the 41st day by a vote of 4 Ayes to 2 Nays. I was one of the nay votes. Ever since we increased the sales tax for teacher pay (which I voted for), I have supported reducing the tax rate once the sales tax generated enough revenue to offset the increase, and that has happened. Removing the tax on food would be less of a hit to the general fund than the bill out there to reduce the overall sales tax rate. I will also vote to reduce the sales tax but doing that makes less sense to me. Sales tax on food affects the poor more, and reducing the general sales tax rate will help out-of-state people who buy things here. Plus, it would have a greater effect on general fund receipts.

I will list some of the bills that the Senate will hear Tuesday of this week to show the diversity of issues we will hear in one day.

SB 116 repeals a physician's ability to prescribe the number of cannabis plants a cardholder may cultivate.

SB 119 will prohibit sexual contact between prison employees and prisoners.

SB 25 provides for the taxation of marijuana.

SB 42, SB 43, SB 132, SB 133, SB 96, SB 130, are all bills that pertain to the Board of Regents that will either build new buildings for the Universities, provide funding to renovate existing buildings, or buy equipment for certain programs.

SB 61 appropriate funds to the Board of Technical education to purchase simulation equipment for health Sciences at Southeast Technical College.

SB 50 appropriate funds for water, wastewater, and stormwater projects throughout the state.

SB 195 establishes the burden of proof after a claim of immunity.

I can be contacted at herman.otten@sdlegislature.gov with your comments or concerns.