021219_YKMV_A3.pdf
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February 12, 2019 • Page 3
Noem Vetoes Bill Regulating Solar Energy
Gov. Noem has vetoed Senate Bill 14 and sent the following message to the South Dakota Senate:
Dear Mr. President and Members of the Senate,
I respectfully return to you Senate Bill 14 with my VETO.
Senate Bill 14 is an Act to define solar energy facilities
and to establish certain provisions regarding solar energy
permits.
This bill creates unacceptable ambiguity and confusion over the Public Utilities Commission’s authority. Even
though the Legislature has expressly prohibited the Commission from mandating the specific location of an energy
facility, as we conducted a detailed legal review of the
enrolled bill, it became apparent poor drafting in this bill
gives the Commission that authority for solar energy projects. Previous legislative changes in 2005 and 2006 added
definitions of “wind energy facility” and “AC/DC conversion
facility” to SDCL 49-41B-36, avoiding this ambiguity. The
Commission should not be in the business of picking locations for solar projects, but the enrolled version of this bill
permits it. I do not believe this was the Legislature’s intent.
I also question the need for additional PUC regulation
of solar generating stations. These facilities are already
covered under the more generic definition of an “energy
conversion facility,” in the Code. I am very concerned by a
number of bills this session that increase state regulation
of renewable energy projects without appearing to have a
tailored connection to protecting public interest. The renewable energy industry, just as any other, should be sub-
ject to only as much regulation as is necessary to promote
the public interest and preserve our environment while
making South Dakota an attractive place to do business.
Senate Bill 14, as well as several other Commissionauthored bills regulating the renewable energy industry,
were introduced without meaningful consultation with
industry or other opportunity for comment ahead of time. I
believe strongly government’s exercise of regulatory power
must be transparent and subject to meaningful debate.
Our focus should be on finding common ground between
regulators and industry, making for stronger outcomes and
preserving our state’s reputation as a premier place to do
business. There is no reason why the Commission couldn’t
work with industry and other stakeholders to find a compromise solution to this issue and others.
As a state, we have been blessed with significant wind
and solar resources. We should continue to benefit greatly
from billions of dollars in completed and planned investments. The renewable energy industry has already invested heavily in South Dakota, and continued investment
depends on common sense, transparent, and customized
regulation. I do not believe Senate Bill 14 or the process
that led to its introduction meets these basic standards.
For these reasons, I oppose this bill and ask that you
sustain my veto.
Kristi Noem
Governor
As Americans,
More Unites
Us Than
Divides Us
By Sen. Mike Rounds
President Trump recently delivered his annual State
of the Union address to a joint session of Congress. Our
Constitution requires the president to provide Congress
with an update on the state of our union each year.
Throughout our history, some presidents have opted to
deliver their messages in person and others have sent in
written messages. However, for the past 100 years, it has
become the norm for presidents to deliver the message
in person. I appreciated hearing from President Trump
about his vision for the country, especially his message
that we can accomplish much more if we work together.
In his address, the president called on Congress to
set aside differences and work in a bipartisan manner to
tackle the tough issues before us. I wholeheartedly agree.
We can be principled in our beliefs while also working
with those who may have different opinions than we do.
Our founding fathers would never have been able to write
the Constitution if they refused to indulge the views and
opinions of their colleagues. It’s important we remember
much more unites us than divides us as Americans. All of
us want to make our country safer, freer and more prosGovernor Kristi Noem today announced the selection
South Dakota Bar in 2003 and worked as a law clerk to the
perous for future generations.
of Christina Klinger to serve as judge for the Sixth Judicial
judges of the Third Judicial Circuit until August 2004 when
As the president said in his State of the Union address,
Circuit.
she joined May, Adam, Gerdes & Thompson.
we should continue to focus on the future. We can do this
“I am confident Christina is committed to equal justice
Klinger is a member of the State Bar of South Dakota
by enacting policies that further grow our economy and
under the law,” said Noem. “Her background and experiand is admitted to practice before the courts of the State
strengthen national security--which includes border secuence have prepared her well for this position, and I know
of South Dakota, the US Federal Court District of South
rity. We must also work to make sure all Americans have
she will uphold the law.”
Dakota and the Eighth Circuit Court of Appeals. She is also
access to affordable health care and prescription drugs.
Klinger was born in Wagner, South Dakota. After
a member of the South Dakota Defense Lawyers AssociaIn South Dakota, agriculture is our state’s economic
graduating from Wagner High School, Klinger attended the
tion and previously served as President of the Sixth Circuit
engine. We will continue working to open new markets
University of South Dakota where she obtained a degree in
Bar Association.
for our products through strong, fair trade agreements.
psychology and criminal justice as well as her Juris Doctor
Klinger resides in Pierre where she has pursued a genImproving our country’s aging infrastructure system and
from USD School of Law.
eral area of law practice with an emphasis on criminal law,
addressing the student loan debt crisis are two other
While in law school, Klinger served as a volunteer with
family law, worker’s compensation, and insurance defense.
areas where I believe we can find bipartisan solutions.
the East River Legal Services pro bono project and was acThe Sixth Judicial Circuit Court is served by four circuit
I thank the president for prioritizing these important
tive in the Women in Law Society. She was admitted to the
judges and one magistrate
issues in his annual address to Congress and the nation.
The American people expect results, not rhetoric. I’m
ready to work with anyone – on either side of the aisle –
to tackle these issues head-on.
We are currently in a situation where we have a divided government—Republicans control the Senate and
the White House, and Democrats control the House of
Representatives. That doesn’t mean we can’t accomplish
meaningful changes for the American people. We’ve had
a productive two years. We’ve cut taxes for middle class
families, eliminated thousands of burdensome federal
PIERRE, S.D. – The South Dakota
recently spiked,” said state Labor and recourse if issues arise,” said Bankregulations, confirmed more than 80 fair-minded judges to
Department of Labor and Regulation
Regulation Secretary Marcia Hultman. ing Director Bret Afdahl. “I encourage our nation’s federal courts, made more resources availacautions consumers about unlicensed “Unlicensed lenders are operating in
consumers to contact our office first
ble for our men and women in uniform and made it easier
money lenders, both online and inSouth Dakota.”
and exercise good judgment.”
for American families and small businesses to access
person.
Consumers should confirm a
The Division of Banking is charged credit through their local financial institutions. I believe
All lenders providing payday loans, lender is licensed by viewing the curwith the regulation and supervision of we can build on our accomplishments. It may not be easy,
short-term consumer loans, title
rent list of licensees on the Division of state chartered and licensed financial but all of us were elected to make changes. That means
December to maintain stability 16 17th • 1-3:00PM
loans or installment loans to South
Banking’s website at dlr.sd.gov/bankinstitutions, 2nd & 3rd, 9th & 10th,andth &working together for the betterment of the country, not
Dakota residents must be licensed by
ing. Any unlicensed lenders offering
public confidence in state-chartered
by abandoning our principles, but by building consensus
Bring Your Cameras!
the South Dakota Division of Banking
loans should be reported in writing
institutions and to protect public
to move our country forward.
per SDCL 54-4-52, unless specifically
using the online consumer complaint
interests.
exempt in SDCL 54-4-37.
form.
“Consumer inquiries and com“Consumers who borrow from
plaints about money lenders have
unlicensed lenders may have limited
Noem Selects Sixth Circuit Judge
Consumers Should Beware Of
Unlicensed Money Lenders
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