Senator Kloucek Legislative Report February 23, 2009

Your opinions and ideas make a difference! Please feel free to contact me at 773-3821   email  sen.kloucek@state.sd.us   hotline 224-6387 ext 153 or write Sen. Frank Kloucek 500 East Capitol Pierre South Dakota 57501.

Ihave a pheasant clock made by Orville Buechler of Scotland and a smallfarm replica windmill from South Dakota Rural Water on my deskemphasizing the importance of farming, wildlife, small business, windand water development in our great state.

Onthe education funding front, Judge Lori Wilbur still has not issued aruling on the education adequacy lawsuit. In related news the governorhad legislation introduced HB1307 which creates a seven member boardthat allows our state to issue bonds to help enhance and protect theeconomic impact of Ellsworth Air Force Base. If this is legal andconstitutional then why can not we issue education bonds for someproperty owned by Game Fish and Parks and School and Public Lands tohelp raise revenue for schools? Food for thought! Meanwhile, the stateis sitting on almost 2 billion in trust funds that can be utilized by a¾ vote of the legislature. This is another tough call but still anoption to consider.

Shouldour governor travel on regular airlines like the governor of Alaskadoes? Should we sell at least four of the 14 airplanes and helicoptersthe state owns and make state employees use public air ways and chartertrips from  Business Aviation in Sioux Falls  and other privatecharters? Should we cut 30 percent out of the executive branch for oneyear to fund the state fair? What is more important? Our valuableExtension Service or the 7^th "non university" and itsresearch center at a cost of millions? Governor M. Michael Rounds isplaying a cat and mouse game by pitting one popular program againstanother for funding.  As a result we all lose.

Ihave at my desk every year amendments for across the board budget cutsto fund education and property tax reductions. This may be the year toput those amendments to good use!

Last year SB 105 sponsored by Senator Kloucek gave South Dakota citizens 75 years and older exemption from jury duty.

Thisyear identically worded legislation HB 1163 gives an exemption tocitizens 80 years of age or older. I compliment  the legislator fromwho copied my legislation. I am honored but a little disappointed thathe did not ask me to cosponsor.

On Tuesday Feb 3^rd at the noon VFW Voice of Democracy luncheon at the Pierre

VFWPost Sen. Kloucek was honored for 18 years of attendance and supportfor the Veterans of Foreign Wars Voice of Democracy Program. I receiveda beautiful black hills gold "Support Our Troops lapel pin!  I wasdeeply moved. Neta and Turk Peterka and Veda Raker from Scotland did agreat job representing the VFW Posts in our area! I encourage our youngpeople to enter the voice of democracy essay contest on the local levelfor the opportunity to support our veterans, earn scholarships, improvewriting skills and meet other youth from the state and nation!

Thesmoking ban SB83 was defeated on the senate floor by a 17 to 18vote.SB83 had a class 2 misdemeanor penalty which means a up to a $500fine for both the business owner and the smoker if the smoker wascaught in a business. This is not fair to the business owner oremployees. Are they supposed to be policeman now also? I am concernedabout punishing our rural retail business especially now when they arehaving tough economic times. I may vote for HB 1240 if it comes to thesenate with amendments that do not punish the business so harshly.  HB1240 will be debated on the house floor Monday [today]. In theiroriginal forms SB83 and HB1240 are identical. Right now every businessin the state can go smoke free without this legislation. I amresearching why they do not do so.

SB79Mandatory Seat Belts is going to be debated on the house floor. It hasa $5 million dollar one time grant attached to it. SB 201 passed out ofSenate Transportation Committee 6 to 1 to raise gas taxes and licenseplate fees. I voted no.

South Dakotais receiving 183 million in federal funding for new road and bridgeconstruction and almost $6 million in special road project funding inthe stimulus package. An added bonus is the fact that there is no 3 to1 match requirement for the state to provide as in the past.

Foreducation funding we are getting $128.7 million State Fiscalstabilization funding, $52.2.million in Pell Grants $32.4 million inIDEA part B grants, 34.5 billion in ESEA Title 1 grants and $52.3 inESEA school improvement. Education funding should be greatly enhancedthanks in a large part to the efforts of Congress and our newpresident.

Taxincreases and proposed budget cuts at the state level are fallingfaster than pheasants at the governor's pheasant hunt! I will try tokeep you posted on what is still in the mix. I do know that a halfpercent tourism tax increase for state arts funding is still alive andpercentage 'at the rack' wholesale gas tax increase is dead.

SB93 Community Based Wind Power: received some excellent testimony fromRon Hornstra of Avon, Joe Voigt of Tyndall, Mark Holsteen of RapidCity, Sylvia Christen of Dakota Rural Action of Brookings, Ed Andersonof SD Rural Electric Cooperatives and Mel Thaler for Sioux Falls [sonof Sunshine Thaler of Avon] . The only opponent was Clint HunterRoberts from the Governors Office of Economic Development. As was thecase last year his testimony was inaccurate and unreliable. The votewas party line 5 to 3 to kill SB93.  We successfully did a smoke out ofSB93 to the senate floor. It was defeated by an all out effort ofRepublican leadership which really concerns me. The bill will be backin one form or another. Strong support has been expressed by citizensaccoss the state for in state ownership of green power including wind! More on the federal stimulus package, wind power, horse slaughter andbehind the scenes action next week! Senator Frank