SOUTH DAKOTA LEGISLATIVE PREVIEW

PIERRE, S.D. (SDBA) — The South Dakota Legislature is not in session today (Monday), observing the federal Martin Luther King Jr. Day holiday.

When legislators return to the Capitol, they’ll find the pace of legislation has picked up dramatically from last week, which was mainly filled with formal addresses and committee briefings.

The Legislature hits its first major deadline of the 38-day session Tuesday — day five of the 2025 session. All executive orders must be filed by today for legislative consideration.

Also, Tuesday, the House and Senate have meaningful work to do, considering the few bills that passed from committees last week.

The Joint Appropriations Committee is scheduled to hold a hearing on South Dakota Public Broadcasting’s budget on Wednesday. Gov. Kristi Noem has proposed reducing the public broadcaster’s state allocation from nearly $5.6 million to $1.9 million, a 65% reduction.

Also, Wednesday, the House Education Committee is set to hear one of two introduced bills that would establish educational savings accounts. House Bill 1009 would allocate state funds for some private education uses. Noem has made educational savings accounts one of her major initiatives for the session.

Thursday, following the House and Senate sessions, legislators will gather for the annual Joint Memorial Service to honor deceased legislators.

We’ll also find out if Democratic and Republican leaders will hold their weekly news conferences, which they did not hold last week.

 

JOHN DEERE’S ‘ANTICOMPETITIVE CONDUCT’ RESULTS IN FTC LAWSUIT

CHICAGO, IL – John Deere’s practices to restrict farmer and ranchers from the ability to seek repairs for farm equipment including tractors have unfairly driven up equipment repair costs, the Federal Trade Commission (FTC) and attorneys general in Minnesota and Illinois alleged in a new federal antitrust lawsuit filed Wednesday in Illinois.

The lawsuit filed in the U.S. District Court for the Northern District of Illinois, seeks to stop what the FTC said is “anticompetitive conduct” on the part of John Deere.

The lawsuit asks the court to order Deere to make available to owners of Deere tractors and combines, as well as independent repair shops, access to its “fully functional Service ADVISOR repair tool and any other repair resources available to authorized dealers.”

The FTC also asks the court for a permanent injunction against Deere.

The Biden administration has been investigating John Deere’s practices, after agriculture groups in March 2022 filed a complaint with the FTC.

Those groups, including the National Farmers Union and state-level farmers unions along with the U.S. Public Interest Research Group (PIRG), alleged Deere’s practice of withholding diagnostic software and other equipment from farmers and ranchers violated the Sherman Act.

Farmers & Ranchers Still Can’t Fix Their Own Tractors. Now They’re Suing John Deere For ‘Repair Rights’

“The FTC’s complaint alleges that, for decades, Deere’s unlawful practices have limited the ability of farmers and ranchers and independent repair providers to repair Deere equipment, forcing farmers and ranchers to instead rely on Deere’s network of authorized dealers for necessary repairs,” the commission said in a news release.

“This unfair steering practice has boosted Deere’s multi-billion-dollar profits on agricultural equipment and parts, growing its repair parts business while burdening farmers and ranchers with higher repair costs.”

FTC Chairman Lina M. Khan said in a press statement that “illegal repair restrictions” can be “devastating for farmers” who rely on “affordable and timely” repairs.

“The FTC’s action today seeks to ensure that farmers and ranchers across America are free to repair their own equipment or use repair shops of their choice — lowering costs, preventing ruinous delays and promoting fair competition for independent repair shops,” Khan said.

The FTC’s action comes in addition to several other antitrust lawsuits filed by farmers and consolidated in the same court. The new lawsuit alleges Deere has created a monopoly by restricting who can repair its equipment.

By creating these restrictions, Deere has “unlawfully acquired and maintained monopoly power” in the market for certain repair services for Deere agricultural equipment, according to the FTC complaint.

“Through its limited distribution of its repair tools, Deere has been able to control and limit who can repair its agricultural equipment, allowing Deere to maintain a 100% market share and charge higher prices, via its network of authorized dealers, for all repairs that require the fully functional tool,” FTC said in a news release.

“Deere’s repair restrictions allow it to reap additional profits through parts sales, as its authorized network of dealers almost always use expensive Deere-branded parts in their repairs in lieu of generic parts. Despite increasing public pressure to give farmers and ranchers the right to repair their own equipment, including state legislative action, Deere continues to unlawfully withhold a fully functional repair tool from equipment owners.”

 

WHAT WOULD KRISTI NOEM’S DHS CONFIRMATION MEAN FOR SOUTH DAKOTA?

SIOUX FALLS, S.D. (Dakota News Now) – South Dakota Governor Kristi Noem testified on Friday in her confirmation hearing after President-elect Trump appointed her to lead the Department of Homeland Security.

Most of the questions fielded by the Governor addressed her plans with the southern border and disaster relief, which will be crucial to her new role.

Compared to other confirmation hearings in recent history, it was less contentious. It was a big step towards a transition for a well-known South Dakotan.

Gov. Noem made promises to make America safer in a wide variety of ways, combatting terrorism even from within the US, securing all points of entry to the country and deporting illegal aliens.

“My goal and my mission is to build trust. We will undertake a large job and a large duty that we have to fulfill that the American people expect us to do by securing our border. To make sure that our nation is a nation with borders or we’re no nation at all and that we are making sure that those criminal actors that are perpetuating violence in our communities and in our cities and in our towns, our states are removed from this country, that there’s consequences for breaking the law in our country again,” Gov. Noem said.

Governor Noem made promises of greater transparency with Congress and the American public when asked about the frustrations of the Committee on Homeland Security & Governmental Affairs, which worked hard to obtain information from DHS regarding the assassination attempts of Donald Trump.

USD Political Science Professor Emeritus Michael Card said her fate will be similar to other appointees.

“I would expect her to be confirmed with a high percentage of votes,” Card said.

Noem would be just the second South Dakotan to serve in a Presidential Cabinet position, the first being Clinton Anderson of Centerville who served as the Sec. of Agriculture under President Truman, although he had moved to New Mexico.

Former Senator Tom Daschle was nearly the Secretary of Health and Human Services under President Obama, but it fell through.

“There were some charges that he hadn’t paid income tax on a chauffeur. You know, based on what we’re seeing in terms of today’s cabinet, that’s pretty mild stuff and wouldn’t disqualify someone,” Card explained.

Card pointed out that there have been other prominent South Dakotans to serve in national roles outside of a Presidential Cabinet, but it’s still a relatively small number.

Other high-level officials Card cited were former Governor Sigurd Anderson who worked with the FTC, Congressman George McGovern who worked as Director of Food for Peace and two who worked as Director of Intergovernmental Affairs, former Governor Nils Boe and former state House speaker Debra Anderson.

Noem moving into the DHS Secretary role, plus Senator Thune already acting as Majority Leader in the Senate, puts South Dakota back in the national conversation.

“People will find out there isn’t this huge blank space between New York and California, I’m referring to the New Yorker’s view of the world from the New Yorker Magazine, but we will be mentioned quite a bit more often and I think that’s the major thing,” Card said. “Now to have a cabinet position, especially in an area that is clearly one of soon-to-be President Trump’s key policy areas of influence, she will have her hands cut out for her and we will be in the news much more often.”

Back in state politics, Noem’s eventual resignation would thrust Lt. Governor Larry Rhoden into the Governor’s role. Noem has repeatedly said she has trust in him doing a good job and governing similarly, but how Rhoden would govern is still yet to be seen.

“We don’t know. I mean, he may have ideas of his own. He certainly has worked longer and more prominently as a rancher from Union Center and may have more West River issues,” Card said.

Card also said that it will be interesting to see which Republicans will run for Governor the next time around. Then, Gov. Rhoden and his Lt. Governor would each be in a good place to run, but there are other prominent South Dakotans who could enter the conversation.