HB 1002
An Act to revise certain provisions concerning campaign finance requirements.
Sponsors: At the request of the Government Accountability Task Force.
Summary: HB 1002 makes numerous style and form changes to SDCL Ch. 12-27 regarding campaign finance requirements of ballot committees and PACs. A minor amendment was made on the floor.
SDARWS Position: Monitor
Status: Passed House State Affairs (13-0) on January 17; Passed Senate as amended (68-1) on January 18; Referred to Senate State Affairs.
 
HB 1003
An Act to revise certain provisions concerning the content of the campaign finance disclosure reports and to declare an emergency.
Sponsors: At the request of the Government Accountability Task Force.
Summary: Currently the law states that “Any contribution from any political committee shall be itemized”. This bill changes SDCL§12-27-24 to read “Any contribution from an entity after July 1, 2017, or political committee shall be itemized.” This would broaden the itemization requirements.
SDARWS Position: Monitor
Status: Signed by Governor on February 5.
 
HB 1004
An Act to revise certain provisions regarding petition forms for aninitiated measure and initiated amendments to the Constitution.
Sponsors: At the request of the Initiative and Referendum Task Force.
Summary: HB 1004 would allow the State Board of Elections to promulgate rules regarding petition size and petition font size.
SDARWS Position: Monitor
Status: Passed House State Affairs (10-0) on January 12; Passed House of Representatives (60-6) on January 16; Referred to Senate State Affairs.
 
HB 1005
An Act to revise certain requirements for a recitation regarding the effect of a vote on certain ballot measures.
Sponsors: At the request of the Initiative and Referendum Task Force.
Summary: Currently, initiated measures or referendums on the ballot are voted on as either a “Yes” or No” vote. HB 1005 would change the ballot to state "Vote 'Yes' to adopt the amendment" and "Vote 'No' to leave the Constitution as it is". The recitation for each referred law would state "Vote 'Yes' to reject the Act of the Legislature" and "Vote 'No' to allow the Act of the Legislature to become law".”
SDARWS Position: Monitor
Status: Passed House State Affairs as amended (10-0) on January 12; Passed House of Representatives (61-4) on January 24; Referred to Senate State Affairs.

HB 1007
An Act to require any initiated measure to embrace only one subject.
Sponsors: Representative Reed and Senator Bolin at the request of the Initiative and Referendum Task Force.
Summary: As originally introduced, HB 1007 would have created a Citizen Initiative Review Commission to conduct a public hearing on initiated measures. It was defeated in Committee but then reconsidered by the Committee on February 6. A hoghouse amendment was adopted that states that no initiated measure may embrace more than one subject, which shall be expressed in the title. The effective date is January 1, 2019.
SDARWS Position: Monitor
Status: Deferred to 41^st Legislative Day (11-2) in House State Affairs Committee on January 17; reconsidered and amendment adopted on February 6; Passed House State Affairs Committee as amended (10-3) on February 12.
 
HB 1012
An Act to revise certain provisions regarding political party status and to declare an emergency.
Sponsors: At the request of the State Board of Elections
Summary: HB 1012 makes language changes to “Political party” in subdivision (10) of § 12-1-3 to include the two previous general election cycles.
SDARWS Position: Monitor
Status: Passed House State Affairs (12-0) on January 24; Passed House of Representatives (68-0) on January 30; Scheduled for hearing Senate State Affairs on February 21.

HB 1014
An Act to revise certain provisions regarding the application of the intrastate exemption for certain commercial vehicles from the federal motor carrier regulations. 
Sponsors: At the request of the Department of Public Safety
Summary: Current law defines interstate vehicles as having three axles or less. HB1014 changes the definition to two axles or less.
SDARWS Position: Monitor
Status: Signed by the Governor on February 14.
 
HB 1022
An Act to certain provisions regarding wind energy permits
Sponsors: At the request of the Public Utilities Commission
Summary: HB 1022 extends the timeframe in which the SDPUC must make a decision on a wind energy permit from six months to one year.
SDARWS Position: Monitor
Status: Deferred to the 41^st Legislative Day in House Commerce and Energy Committee (9-4) on February 14.
 
HB 1023
An Act to repeal certain provisions regarding pipeline safety.
Sponsors: At the request of the Public Utilities Commission
Summary: HB1023 removes rural gathering facilities as an exemption from pipeline safety provisions.
SDARWS Position: Monitor
Status: Passed House Commerce and Energy (13-0) (consent) on January 19; Passed House of Representatives (63-0) on January 22; Passed Senate Commerce and Energy (35-0) on February 6; Passed Senate (35-0) on February 7.
 
HB 1024
An Act to revise certain provisions regarding South Dakota One Call.
Sponsors: At the request of the Public Utilities Commission
Summary: Currently the PUC administers the One Call Board. This bill would change the law to state the PUC is only “attached” to the One Call Board for reporting and budgeting purposes.
SDARWS Position: Monitor
Status: Passed in House Commerce and Energy as amended (11-2) on January 19; Passed House of Representatives (59-9) as amended on January 24; Passed Senate Commerce and Energy (7-0) on February 8; Passed Senate (35-0) on February 7; Signed by the Speaker.

HB 1081
An Act to extend the effective date of certain provisions regarding the recreational use of non-meandered water.
Sponsors: Representatives Rhoden and Senators Cammock
Summary: HB 1081 would extend the nonmeandered water compromise reached during the 2017 special session from sunsetting on July 1, 2018, for an additional three years. The Governor’s Office is promoting this bill because they don’t believe there has been enough time for the process of negotiations between the Game Fish and Parks and landowners to have taken place. It was amended to remove the sunset clause on the House floor.
SDARWS Position: Monitor
Status: Passed House State Affairs (11-1) on January 24; Passed House of Representatives (51-12) as amended on January 25; Referred to Senate Agriculture and Natural Resources.
 
HB 1098
An Act to make an appropriation from the water and environment fund and its revolving fund subfunds for various water and environmental purposes and to declare an emergency.
Sponsors: The Committee on Appropriations at the request of the Office of the Governor.
Summary: This is the Governor’s Annual Omnibus funding bill. It provides $7,500,000 for consolidated water facilities fund; $2,500,000 to solid waste management fund; $1,000.000 to state water pollution control revolving fund; $150,000 to clean water state revolving loan funds; $200,000 to state drinking water revolving fund; $150,000 to small system technical grants.
SDARWS Position: Support
Status: Signed by the Governor on February 8.

HB 1119
An Act to revise certain provisions regarding riparian buffer strips.
Sponsors: Representative Ottena and Senator Frerichs
Summary: This bill would allow a county commissioner to designate a river, stream segment or body of water tributary to a river lake or stream. A hoghouse amendment was introduced by the Governor’s Office to provide a few clean-up items.
SDARWS Position: Support
Status: Passed House Local Government (11-0)(consent) on February 1; Passed House of Representatives (68-0) on February 5; Passed Senate Ag & Natural Resources (8-0)(consent) on February 13; Passed Senate (34-0) on February 14.
 
HB 1137
An Act to revise certain provisions regarding the registration of lobbyists.
Sponsors: Representatives Steinhauer and Senator Rusch
Summary: HB 1137 would add a requirement that an employer of a lobbyist includes the city and state of residence and an email address and a phone number for the directory of registered lobbyists.
SDARWS Position: Monitor
Status: Passed House State Affairs (13-0)(consent) on January 31; Passed House of Representatives (67-0) on February 1; Referred to Senate Local Government.
 
HB 1139
An Act to revise the applicability of adverse possession to certain partition fences.
Sponsors: Representative Marty and Senator Maher
Summary: This bill was a result of stakeholder meetings facilitated by the State Bar this past year. The bill includes a template Partition Fence Agreement for neighbors to use if they agree that fences are in the wrong location and adverse possession should not apply. Section 2 of the bill provides that upon a judicial determination or notice to the landowner, the party that has adversely possessed land must pay for the real estate taxes. It was amended in committee to exclude any impact to utilities. It was amended on the House floor to remove “notice” to the landowner.
SDARWS Position: Monitor
Status: Passed House Judiciary (7-5) on February 2; Passed House of Representatives (63-2) on February 12; Referred to Senate Judiciary
 
HB 1140
An Act to revise certain provisions regarding access to public water.
Sponsors: Representative Otten and Senator Solano
Summary: This bill would prohibit a county commissioner to vacate a highway which provides access to water open to the public for recreational use.
SDARWS Position: Monitor
Status: Passed House State Affairs (13-0) on February 2; Passed House of Representatives (57-9) on February 14.
 
HB 1159
An Act to revise certain notification provisions regarding damage to underground facilities.
Sponsors: Representative Rounds and Senator Novstrup
Summary: The bill requires an excavator to notify the one-call notification center and the operator of the facility (if known) if an underground facility is damaged. If the damage results in the escape of any flammable, toxic, or corrosive gas or liquid, the excavator must also immediately notify 911.
SDARWS Position: Monitor
Status: Passed House Commerce and Energy (12-0)(consent) on February 12; Passed House of Representatives (64-1); Scheduled for hearing in Senate Commerce and Energy on February 20.
 
HB 1163
An Act to revise certain provisions regarding municipal publication deadlines.
Sponsors: Representative Reed and Senator Cammack
Summary: Current law requires a municipality to publish minutes in the newspaper within thirty days. The bill would change the statute to require publication within twelve business days. It also requires the finance officer to keep the minutes, instead of the auditor or clerk.
SDARWS Position: Monitor
Status: Passed House Local Government (12-0)(consent) on February 13.
 
HB 1176
An Act to revise certain provisions regarding campaign finance disclosure reports.
Sponsors: Representative Dennert and Senator Monroe
Summary: This bill conforms the reporting requirements of a candidate or candidate campaign committee for a legislative or county candidate to the reporting requirements for candidates or candidate campaign committees for candidates running for statewide offices.
SDARWS Position: Monitor
Status: Passed House State Affairs (13-0) as amended on February 2; Passed House of Representatives (63-5) on February 6; Referred to Senate State Affairs.
 
HB 1177
An Act to revise certain provisions relating to the circulation of a petition for an initiated measure.
Sponsors: Representative Dennert Senator Monroe
Summary: This bill would require a petition circulator to provide the name, residential address, phone number and e-mail address of each petition sponsor and of the petition circulator.
SDARWS Position: Monitor
Status: Passed House State Affairs (9-3) as amended on February 2; Passed House of Representatives (56-11) on February 7; Referred to Senate State Affairs.
 
HB 1178
An Act to provide a penalty for the failure to complete timely audits by certain entities.
Sponsors: Representative Schoenfish and Senator Peters
Summary: This bill would require the Department of Legislative Audit to publish in a newspaper and its official website when a school district, municipality, hospital district board, waste management district, water development district, water user district, or consumer power district fails to file a timely audit report. Failure of submitting a timely audit report would be $10.00 per day by the Attorney General. An untimely report is submitted after fifteen months following the end of the entity’s fiscal year if filing annually and fifteen months following the end of the entity’s second fiscal year if performing a two-year audit.
SDARWS Position: Oppose
Status: Passed House Government Operations and Audit (4-0) on February 13.
 
HB 1192
An Act to revise certain programs and promote efficiency in state government and to make an appropriation therefor.
Sponsors: Representative Anderson and Hunhoff
Summary: This is a placeholder bill that appropriates one dollar to revisit certain programs to promote efficiency in state government.
SDARWS Position: Monitor
Status: Referred to Joint Appropriations Committee.
 
HB 1193
An Act to revise certain programs and promote efficiency in state government.
Sponsors: Representative Anderson and Senator Tidemann
Summary: This is a placeholder bill to promote efficiency in state government.
SDARWS Position: Monitor
Status: Scheduled in House Appropriations on February 20.
 
HB 1196
An Act to revise certain provisions regarding verification of residency of petition circulators.
Sponsors: Representative Mickelson and Senator Otten
Summary: This bill requires a petition circulator to provide an affidavit attesting to residency in South Dakota. It was amended to provide up to a $25,000 civil penalty.
SDARWS Position: Monitor
Status: Passed House State Affairs (8-4) as amended on February 2; Passed House of Representatives (40-27) on February 7; Referred to Senate State Affairs.
 
HB 1201
An Act to require certain information on a ballot regarding any initiated measure.
Sponsors: Representative Mickelson and senator Bolin
Summary: HB 1201 would require the ballot to include the name and county of residence of petition sponsor, the total amount of compensation expended by petitioner sponsor and the total number of signatures collected by the petitioner sponsor.
SDARWS Position: Monitor
Status: Passed House State Affairs (9-3) as amended on February 7.
 
HB 1203
An Act to authorize the secretary of state to enforce the laws that have been enacted to be under the supervision of the Office of the Secretary of State.
Sponsors: Representative Mickelson and Senator Curd
Summary: This is a placeholder bill that states the secretary of state may enforce any law that has been enacted to be under the supervisor of the Office of Secretary of State.
SDARWS Position: Monitor
Status: Scheduled for hearing House State Affairs on February 21.
 
HB 1216
An Act to provide for limits on certain out-of-state contributions to ballot question committees.
Sponsors: Representative Gosch and Senator Monroe
Summary: This bill would limit out of state contributions to ballot questions to $100,000 per general election cycle.
SDARWS Position: Monitor
Status: Passed House State Affairs (7-6) on February 7; Failed House of Representatives (36-0); intent to reconsider.
 
HB 1224
An Act to prohibit certain extractive activities in the Black Hills.
Sponsors: Representatives Bordeaux and Senator Heinert
Summary: This bill prohibits mining, drilling, and fracking within the boundaries of the Black Hills without the consent of Indian Tribes.
SDARWS Position: Monitor
Status: Deferred to 41^st Legislative Day in House Commerce and Energy (10-2) on February 12.
 
HB 1226
An Act to revise certain provisions regarding tax compacts with Indian tribes.
Sponsors: Representative Bordeaux and Senator Heinert
Summary: This bill adds four new categories of tax compacts to the existing list: municipal non-ad valorem tax; telecommunications tax imposed by 10-33A and 10-33; and rural electric companies tax imposed by 10-26.
SDARWS Position: Monitor
Status: Deferred to 41^st Legislative Day in House Taxation (11-0) on February 13.
 
HB 1234
An Act to provide for certain requirements prior to construction of wind energy facilities.
Sponsors: Representative Gosch and Senator Cronin
Summary: This bill requires counties that require wind energy facilities of less than 100 megawatts capacity to provide proof of funding of decommissioning and removal of facilities to also provide proof that the facility has complied with the county’s other requirements.
SDARWS Position: Monitor
Status: Passed House Commerce and Energy (8-5) on February 12.
 
HB 1235
An Act to provide that counties shall require certain requirements for wind energy facility decommissioning.
Sponsors: Representatives Gosch and Senator Cronin
Summary: This bill requires counties to require a bond or guaranteed funding for decommissioning and removal of wind energy facilities of less than 100-megawatt capacity for restoration of land on which the facility is located to its previous use.
SDARWS Position: Monitor
Status: Deferred to 41^st Legislative Day in House Local Government (13-0) on February 15.

HB 1246
An Act to revise certain provisions regarding restricting recreational use on the inundated private property.
Sponsors: Representative Mills and Senator Wiik
Summary: HB 1246 would amend SDCL 41-23-5 to state any inundated private property located outside of the meander line survey of a meandered lake that an ordinary high-water mark has not been established as of January 1, 2017 is open without permission of the private landowner.
SDARWS Position: Monitor
Status: Tabled in House State Affairs (13-0) on February 14.
 
HB 1247
An Act to revise certain provisions regarding county zooming and planning.
Sponsors: Representative Frye-Mueller and Senator Russell
Summary: HB 1247 amends zoning laws to indicate any lawful use, lot or occupancy of land or premises existing at the time of the adoption of the zoning ordinance may be continued unless 1) there is clear and convincing evidence that the non-municipal residents of a county are confronted with an imminent threat to either health or safety, or both; 2) the existence of an imminent threat is plainly specified; and at least 2/3 of the county commissioner vote to discontinue the lawful use.
SDARWS Position: Monitor
Status: Deferred to 41^st Legislative Day in House Local Government (13-0) on February 15.
 
HB 1255
An Act to revise the authority of the Interim Rules Review Committee to revert a rule to any step in the adoption of the rules.
Sponsors: Representative Hunhoff and Senator Russell
Summary: HB 1255 would allow the Interim Rules Review Committee to require an agency to revert to any step in the adoption procedure if the substance of the proposed rule has been significantly rewritten, the rule needs to be significantly rewritten to accomplish either the intent of the agency or to address recommendations or objections of the Interim Rules Review Committee, or the proposed rule is not a valid exercise of delegated legislative authority.
SDARWS Position: Monitor
Status: Passed House State Affairs on February 12; Passed House of Representatives (60-4) on February 14.
 
HB 1257
An Act to provide for the abandonment of certain highways by township and counties.
Sponsors: Representative Livermont and Senator Russell
Summary: HB 1257 would allow the county or township board of supervisors to abandon a highway within a township or within a county within the extraterritorial area of a municipality upon receipt of a petition by two or more voters of an organized civil township or the number of voters of a county equal to or greater than one percent of the ballots cast in the county for Governor during the last election.
SDARWS Position: Monitor
Status: Scheduled for hearing in House Local Government on February 22.
 
HB 1259
An Act to revise certain provisions regarding political party conventions.
Sponsors: Representative Johnson and Senator Solano
Summary: Under current law, each political party holds a state convention in even-numbered years to nominate candidates for lieutenant governor, attorney general, and other state-wide offices. This bill provides that parties can hold a state convention as necessary to nominate a candidate for lieutenant governor and national committee people for the party. Each party must give a minimum of 30 days notice of the convention to the chair of the party.
SDARWS Position: Monitor
Status: Tabled in House State Affairs (13-0) on February 14.

HB 1268
An Act to provide for revised dates to pre-file legislation
Sponsors: Representative May and Senator Nelson
Summary: This bill allows legislators to pre-file bills after July 1^st.
SDARWS Position: Monitor
Status: Passed House State Affairs (11-1) on February 7; Passed House of Representatives (66-0) on February 14.
 
HB 1270
An Act to adjust the period of time requiring the use of lighted front and rear lamps on motor vehicles.
Sponsors: Representative Tulson and Senator Greenfield
Summary: This bill changes the time during which a vehicle must use headlights and rear lights from one-half hour before and after sunrise and sunset to sunrise and sunset.
SDARWS Position: Monitor
Status: Passed House Transportation (7-5) on February 13; Passed House of Representatives (44-19) on February 14.
 
HB 1275
An Act to revise certain provisions regarding ballot measure petition circulation.
Sponsors: Representative Wismer and Senator Nelson
Summary: This bill requires a petition circulator of a ballot measure to have resided for at least 90 days in the senate district from which any petition signature is obtained.
SDARWS Position: Monitor
Status: Scheduled in House State Affairs on February 14; Passed Senate (7-6) as amended on February 4.
 
HB 1282
An Act to provide certain notice requirements regarding out-of-state contributions to ballot question committees.
Sponsors: Representative Jamison and Senator Novstrup
Summary: This bill provides that if a ballot questions committee receives a contribution from a non-resident or other out-of-state entity not filed as a domestic entity for the last four years, the committee must include a disclaimer in any public communication that states “Paid for in part with out-of-state money.”
SDARWS Position: Monitor
Status: Passed House State Affairs (11-2) on February 6; Passed House of Representatives (49-16); Referred to Senate State Affairs.
 
HB 1291
An Act to revise the procedure to nominate candidates for the United States Senate.
Sponsors: Representative Latterell and Senator Jensen
Summary: This bill entitles each political party of the Legislature to nominate one candidate for U.S. Senate by a majority vote of the political party.
SDARWS Position: Monitor
Status: Deferred to 41^st Legislative Day in House Judiciary (10-25) on February 12.
 
HB 1304
An Act to revise certain provisions regarding challenges to petition signatures and to declare an emergency.
Sponsors: Representative Mickelson and Senator Curd
Summary: This bill allows an interested person who has researched signatures to a petition to submit a sworn affidavit to the Secretary of State challenging signatures on the petition, not more than thirty days after the petition has been validated.
SDARWS Position: Monitor
Status: Passed House State Affairs (11-2) on February 6; Passed House of Representatives (65-0) on February 13.
 
HB 1312
An Act to establish the Tax Revenue Study Task Force to study tax revenue in this state.
Sponsors: Representative Bartling and Senator Kennedy
Summary: This bill establishes a task force to study South Dakota’s tax structure and make recommendations to the Legislature on how to improve the structure to provide a stable revenue base. It is a thirteen-member task force comprised of five appointees by the speaker of the House (no more than three from the same political party), four appointees by the president pro tempore of the Senate, and four Governor appointees.
SDARWS Position: Monitor
Status: Deferred to 41^st Legislative Day in House State Affairs (8-3) on February 14.

HB 1316
An Act to require the approval of certain federal grants.
Sponsors: Representative Karr and Senator Cronin
Summary: The bill would require the legislature to approve certain federal grants.
 SDARWS Position: Opposed 
Status: Deferred to 41^st Legislative Day in House Government Operations and Audit (4-0) on February 13.

HB 1319
An Act to adopt the Interstate Compact for the Temporary Licensure of Professionals.
Sponsors: The State Affairs Committee at the request of the Office of the Governor.
Summary: This bill allows licensed professionals from another state to automatically receive a temporary license (18 months) in South Dakota, upon application.
SDARWS Position: Monitor
Status: Passed House State Affairs (8-5) on February 14.

SB 7
An Act to revise certain provisions concerning campaign finance limits.
Sponsors: At the request of the Government Accountability Task Force
Summary: SB 7 makes considerable changes to campaign finance limits for state candidates, legislative or county candidates, and political action committees. These changes include caps on contribution limits.
SDARWS Position: Monitor
Status: Passed Senate State Affairs (7-0) on January 19; Passed Senate (33-0) on January 22; Referred to House State Affairs.
 
SB 8
An Act to establish provisions as to how campaign contribution limits apply to certain aggregate contributions
Sponsors: At the request of the Government Accountability Task Force
Summary: SB 8 would establish a new law that states for the purpose of the contribution limits established, all committees established, financed, maintained, or controlled by the same corporation, labor organization, person, or group of persons, including any parent, subsidiary, branch, division, department, or local unit thereof, are affiliated and share a single contribution limit both with respect to contributions made and contributions received.
SDARWS Position: Monitor
Status: Passed in Senate State Affairs (7-0) on January 19; Passed Senate (33-0) on January 22; Referred to House State Affairs.

SB 21
An Act to update references to certain federal motor carrier regulations.
Sponsors: The Committee of Transportation at the request of the Department of Public Safety.
Summary: The bill updates state laws to refer to the 2018 CFR instead of 2017.
SDARWS Position: Monitor
Status: Signed by the Governor on February 8.
 
SB 22
An Act to allow commercial driver license applicants three attempts to pass the commercial driver license examination.
Sponsors: At the request of the Department of Public Safety
Summary: The bill would allow a person to take the CDL exam three times per paid fee.
SDARWS Position: Monitor
Status: Signed by the Governor on February 12.
 
SB 24
An Act to extend the effective date of certain provisions regarding the recreational use of non-meandering water.
Sponsors: At the request of the Office of the Governor
Summary: The compromise reached by the Legislature during the summer session will sunset on June 30, 2018. This would extend the sunset to June 30, 2021.
SDARWS Position: Monitor
Status: Passed Senate Ag and Natural Resources (7-2) on January 18; Passed Senate (26-9) on February 13.
 
SB 25
An Act to revise certain fees for entities permitted under the national pollutant discharge elimination system.
Sponsors: At the request of the Department of Environment and Natural Resources
Summary: SB 25 is a fee bill introduced by DENR. It would raise the current fee paid by municipalities for surface water discharge permits. It would implement a new fee for stormwater permits including construction stormwater permits and industrial stormwater permits.
SDARWS Position: Monitor
Status: Passed Senate Ag and Natural Resources (8-0) on January 23; Passed Senate (30-5) on January 24; Passed House Agriculture and Natural Resources (10-3) on February 6.

SB 36
An Act to revise certain provisions regarding the South Dakota Retirement System.
Sponsors: At the request of the South Dakota Retirement System.
Summary: SB 36 is a style and form bill that updates actuarial terminology, appeal process, refunds, qualified domestic relations orders, and supplemental pension benefits.
SDARWS Position: Monitor
Status: Delivered to Governor on February 8.
 
SB 37
An Act to revise the automatic enrollment provisions of the deferred compensation plan of the South Dakota Retirement System.
Sponsors: At the request of the South Dakota Retirement System
Summary: SB 37 would beginning July 1, 2019, allow automatic enrollment state of employees who are not currently deferring and allow other participating employers to offer auto-enrollment for their employees who are not currently deferring. It would also allow employees to elect not to participate in the plan.
SDARWS Position: Monitor
Status: Delivered to Governor on February 8.

SB 62
An Act to provide for the notification related to a breach of certain data and to provide a penalty therefor.
Sponsors: The Committee on Judiciary at the request of the Office of the Attorney General
Summary: This is the Attorney General’s data breach bill. It requires holders of personal or protected information of SD residents to report a data breach to the Attorney General’s office within 60 days of discovery of the breach. It has been amended once in committee to exempt information holders that are required to report breaches pursuant to federal law, such as HIPAA. It was amended again to add “trigger” language.
SDARWS Position: Monitor
Status: Passed Senate Judiciary as amended (7-0) on January 23; Passed Senate (30-2) on January 25; Scheduled for hearing in House Judiciary on February 21.
 
SB 77
An Act to revise certain provisions regarding required campaign finance disclosure statements submitted by ballot question committees.
Sponsors: Senator Nesiba and Representative Reed
Summary: This bill requires statewide ballot question committees to file a circulation report in odd membered years and a pre-primary, pre-general, year-end, and supplemental reports in even-numbered years. The circulation report (which is a new requirement) must be filed with the Secretary of State by July 1.
SDARWS Position: Monitor
Status: Passed Senate State Affairs (8-0) as amended on January 22; Passed Senate (33-2) on January 25; Referred to House State Affairs.
 
SB 79
An Act to authorize for voters with no party affiliation to sign nominating petitions for candidates with a party affiliation.
Sponsors: Senator Otten (Ernie) and Representative Stevens
Summary: This bill prohibits a person who is a registered voter with a party affiliation to sign nominating petition for a candidate with a different party affiliation, but it allows a voter with no party affiliation to sign a nominating petition of a candidate with a party affiliation if that voter has not previously signed a petition for that office.
SDARWS Position: Monitor
Status: Passed Senate State Affairs (9-0) as amended on January 22; Passed Senate (24-10) on January 23; Referred to House State Affairs.

SB 128
An Act to revise certain provisions regarding ballot question committees.
Sponsors: Senator Haverly and Representative Kaiser
Summary: This bill changes the definition of a ballot question committee to a committee that collects contributions for “one or more ballot questions.”
SDARWS Position: Monitor
Status: Passed Senate State Affairs (9-0) on February 7; Passed Senate (27-8) on February 12.
 
SB 163
An Act to require certain reports in the event of an oil spill.
Sponsors: Senator Heinert and Representative Bordeaux
Summary: This bill requires the Department of Environment and Natural Resources to conduct a chemical analysis on the contents of an oil spill, and to issue a report within 30 days.
SDARWS Position: Monitor
Status: Deferred to 41^st Legislative Day in Senate Commerce and Energy (4-3) on February 6.
 
SB 168
An Act to provide for mandatory drug testing for members of the Legislature.
Sponsors: Senator Tapio and Representative Goodwin
Summary: This bill requires each legislator to submit to a drug test within two weeks of being sworn into office and within two weeks of the end of the legislative session.
SDARWS Position: Monitor
Status: Passed Senate Judiciary (4-3) on February 1; Tabled in Senate Appropriations (7-2) on February 15.
 
SB 170
An Act to direct the implementation of the requirements of certain provisions regarding non-meandered waters.
Sponsors: Senator Patridge and Representative Otten
Summary: This is a placeholder bill for additional action regarding non-meandered waters.
SDARWS Position: Monitor
Status: Scheduled for hearing in Senate Agriculture and Natural Resources on February 20.

SB 188
An Act to require certain groundwater observation wells in the event of an oil spill.
Sponsors: Senator Frerichs and Representative Bartling
Summary: This bill would require a pipeline operator to install groundwater observation wells at the site of a spill and ten miles from the spill, DENR would monitor and test the wells and promulgate rules for requirements of the wells.
SDARWS Position: Monitor
Status: Deferred to 41^st Legislative Day in Senate Ag & Natural Resources (7-2) on February 15.
 
SB 189
An Act to reduce the number of senatorial and representative districts, and to reduce the number of senators and representatives.
Sponsors: Senator Bolin and Representative Ahlers
Summary: HB 189 decreases the legislative districts from thirty-five to twenty-five thus reducing the number of the House to 50 members and the Senate to 25 members.
SDARWS Position: Monitor
Status: Scheduled for hearing in Senate Local Government on February 21.

SB 197
An Act to revise certain provisions on the protection of historic properties.
Sponsors: Senator Killer and Representative Bordeaux
Summary: This bill would have added tribal historic properties to the State Historical Society. It also prohibited the State Historical Society from concurring with findings of a federal agency if the tribal historic preservation officer objects to the finding.
 SDARWS Position: Oppose 
Status: Deferred to 41^st Legislative Day (5-2) in Senate Local Government Committee on February 14.

SB 211
An Act to create a Legislative Water Management Committee.
Sponsors: Senator Frerichs and Representative Ahlers
Summary: The bill would create a ten-member committee for the purpose of inquiry and review of state operations concerning flooded private land, irrigation, water quantity, water quality and water recreation and local government involvement in water issues.
SDARWS Position: Monitor
Status: Scheduled for hearing in Senate Agriculture and Natural Resources on February 20

HB 1006
An Act to revise the extent of comments required by the director of the Legislative Research Council regarding certain ballot measures and the period of time in which those comments are to be made.
Sponsors: At the request of the Initiative and Referendum Task Force.
Summary: HB 1006 expands the timeframe in which the Legislative Research Council must provide written comments from 15 days to not more than 15 work days for ballot measures. It further clarifies that if the initiated measure is submitted during December through the end of the legislative session, the comments are not due until 15 workdays following the conclusion of the legislative session. The bill also clarifies what the written comments should include.
SDARWS Position: Monitor
Status: Signed by Governor on February 5.

HB 1011
An Act to revise certain provisions regarding voter registration list maintenance mailings.
Sponsors: At the request of the Office of the Secretary of State
Summary: HB 1011 states to whom the national change of address notice shall be sent and adds a new section describing the contents of the voter registration list maintenance confirmation mailing notice.
SDARWS Position: Monitor
Status: Signed by Governor on February 5.

HB 1013
An Act to revise certain provisions regarding voting systems used in elections and to declare an emergency.
Sponsors: At the request of the State Board of Elections
Summary: HB 1013 amends § 12-17B-1. It deletes subsection (4) which defines “Direct recording electronic” and repeals § 12-17B-2.1 which discusses direct recording electronics and their certification or lack thereof. In addition, there are language changes and renumbering throughout.
SDARWS Position: Monitor
Status: Signed by Governor on February 5.

SB 27
An Act to make an appropriation from the coordinated natural resources conservation fund to the State Conservation Commission and to declare an emergency.
Sponsors: At the request of the Department of Agriculture
Summary: The bill appropriates $1,000,000 to the State Conservation Commission.
SDARWS Position: Monitor
Status: Signed by Governor on February 6.

HB 1007
An Act to create a citizen initiative review commission to review initiated measures and initiated amendments to the Constitution and to prescribe the commission’s powers and duties.
Sponsors: Representative Reed and Senator Bolin at the request of the Initiative and Referendum Task Force.
Summary: HB 1007 would create a Citizen Initiative Review Commission. The Commission is composed of eleven members appointed by the State Board of Elections. At least two members but no more than four members of the commission shall be current or former members of the Legislature. During a public hearing required by this bill, the commission shall take testimony from the petition sponsor regarding the purpose of the initiated measure or initiated amendment and shall take public testimony.
SDARWS Position: Monitor
Status: Deferred to 41^st Legislative Day (11-2) in House State Affairs Committee on January 17.

HB 1092
An Act to revise certain requirements regarding municipal annexation resolutions.
Sponsors: Representatives Ahlmers and Senator Langer.
Summary: HB 1092 would require a municipality at least thirty days before starting a study to determine the need for annexation, to notify each impacted landowner in writing of the study’s purpose.
SDARWS Position: Monitor
Status: Deferred to 41^st Legislative Day in House Local Government (12-1) on January 30

HB 1130
An Act to establish who may submit plans and specifications for certain wastewater systems.
Sponsors: Representative Goodwin and Senator Nelson
Summary: This bill would require plans and specifications for a mound or evapotranspiration wastewater system to be submitted to DENR by a registered engineer, licensed plumber, or a licensed contractor.
SDARWS Position: Monitor
Status: Tabled House Agriculture and Natural Resources (11-0) on January 30.

HB 1144
An Act to authorize a public body to conduct certain deliberations in an executive or closed meeting.
Sponsors: Representative Johns and Senator Bolin
Summary: HB 1144 amends SDCL 1-25-2, which lists the purposes executive session may be held for public bodies, by inserting the word “deliberating” in each section.
SDARWS Position: Monitor
Status: Withdrawn at the request of Prime Sponsor.

HB 1218
An Act to establish an independent legislative redistricting commission.
Sponsors: Representative Hawley and Senator Frerichs
Summary: This bill establishes a nine-member independent redistricting commission, none of whom may hold public office, to prepare a redistricting plan of the state legislature. The plan is to be completed in 2021 and every ten years thereafter.
SDARWS Position: Monitor
Status: Withdrawn at the request of Prime Sponsor.

HB 1223
An Act to create a moratorium on oil pipeline construction.
Sponsors: Representatives Bordeaux and Senator Heinert
Summary: This bill places a moratorium on construction of any new oil pipeline.
SDARWS Position: Monitor
Status: Deferred to 41^st Legislative Day in House Commerce and Energy (8-4) on February 5.

HB 1267
An Act to prohibit campaign contributions from certain government contractors and certain attorneys.
Sponsors: Representative Wismer and Senator Nelson
Summary: This bill makes a person or entity ineligible for a State contract in excess of $25,000 if the person/entity has made a political contribution to any political committee.
SDARWS Position: Monitor
Status: Deferred to 41^st Legislative Day in House State Affairs (11-2) on February 7.

HB 1302
An Act to prohibit the compensation of certain petition circulators.
Sponsors: Representative Campbell and Senator Russell
Summary: This bill prohibits compensation of any person to circulate a petition for a ballot measure. Violation is a Class 2 misdemeanor.
SDARWS Position: Monitor
Status: Deferred to 41^st Legislative Day in House State Affairs (12-0) on February 6.

SB 33
An Act to repeal certain mediation programs regarding damages from oil and gas development and disputes over drainage of water.
Sponsors: At the request of the Department of Agriculture
Summary: This bill repeals the mediation program for oil and gas disputes for surface damages and surface or subsurface water drainage disputes.
SDARWS Position: Monitor
Status: Deferred to 41^st Legislative Day in Senate Ag and Natural Resources (8-0) on January 23.

SB 102
An Act to revise certain provisions defining gifts from registered lobbyists to public officials.
Sponsors: Senator Kennedy and Representative Bartling
Summary: This bill exempts from a gift from lobbyists to public officials any educational material to inform public officials on a matter of public policy.
SDARWS Position: Monitor
Status: Deferred to 41^st Legislative Day in Senate State Affairs Committee (6-2) on February 2.

SB 103
An Act to prohibit aliens who are not lawfully present in the United States from attending any public postsecondary educational institution or from receiving certain educational financial assistance.
Sponsors: Senator Nelson and Representative Gosch
Summary: As the title suggests, this bill would prohibit illegal aliens from attending public postsecondary schools or receiving financial aid.
SDARWS Position: Monitor
Status: Deferred to 41^st Legislative Day Senate Education (5-2) on February 8.

SB 121
An Act to prohibit employers from obtaining, seeking, or using certain prior salary information.
Sponsors: Senator Nesiba and Representative Ahlers
Summary: SB 121 would make it an unlawful employment practice for an employer to require, as a condition of employment, that an employee refrains from inquiring, discussing or disclosing information about an employee’s own wages or any other employee’s wages. It would make it an unlawful employment practice for an employer to discharge or retaliate against an employee because 1) an employee opposed any act made unlawful by the Act, 2) made or indicated an intent to make a complaint under the act, 3) testified or assisted in an investigation under the Act, or 4) disclosed the employees’ wages. The bill also allows an employee to bring a civil suit for damages if aggrieved under the act.
SDARWS Position: Monitor
Status: Deferred to 41^st Legislative Daye Senate Commerce and Energy (6-1) on February 1.

SB 129
An Act to revise certain limitations and penalties concerning campaign contributions.
Sponsors: Senator Sutton and Representative Hawley
Summary: SB 129 would limit campaign contributions for Governor to $4,000 from an individual person, a PAC, or a candidate campaign committee and $40,000 from a political party. It would limit contributions for Lt Governor or attorney general to $2,000 from an individual person, a PAC, or a candidate campaign committee and $20,000 from a political party. It would limit contributions Secretary of State to $1,000 from an individual person, a PAC, or a candidate campaign committee and $10,000 from a political party. It would limit contributions for a legislator to $750 from an individual person, a PAC, or a candidate campaign committee and $5,000 from a political party.
SDARWS Position: Monitor
Status: Deferred to 41^st Legislative Day in Senate State Affairs (7-2) on February 7.