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Kurt Pfeifle
SDARWS Executive Director/Lobbyist
605-204-0125
EMAIL KURT
Lindsey Riter-Rapp
Attorney/Lobbyist
605-224-5825
EMAIL LINDSEY

Legislative Update for January 27, 2020

BILL WATCH:
HOUSE BILLS
HB 1006HB 1007HB 1008HB 1025
HB 1026
HB 1035HB 1058HB 1065HB 1071
  
SENATE BILLS
SB 17SB 31SB 32SB 34
SB 37SB 48SB 58SB 63
WEEKLY HIGHLIGHTS
  • SDARWS ATC Conference was a success with a great turnout at the legislative forum
  • The second week of session is complete
  • Current bill count: 81 House bills and 69 Senate bills
  • The final day for unlimited bill introduction is January 30th

RIPPLES VIDEO UPDATE

CLICK HERE FOR RIPPLES VIDEO ARCHIVE
HOUSE BILLS

HB 1006
An Act to authorize the secretary of revenue to contract with certain entities for purposes of maintaining a database to determine agricultural income value and to specify the mandatory and permissive data of the database.
Sponsor: Representative Chaffee and Senator Cammack at the request of the Agricultural Land Assessment Implementation and Oversight Advisory Task Force
Summary: This bill amends SDCL 10-6-33.29 to allow the Secretary of Revenue to contract with one or more qualified entities, rather than South Dakota State University, to maintain a database to determine agricultural income value and to specify the mandatory and permissive data of the database.
SDARWS Position: Monitor 
Status: Referred to House Taxation.
 
HB 1007
An Act to require certain adjustments to the assessed value of agricultural land if factors impact the land’s productivity and to require those adjustments to be documented.
Sponsor: Representative Chaffee and Senator Cammack at the request of the Agricultural Land Assessment Implementation and Oversight Advisory Task Force
Summary: This bill requires adjustments to assessed value of agricultural land if factors affect the agricultural land’s productivity and requires those adjustments to be documented so the landowner can see why an adjustment was approved or denied.
SDARWS Position: Monitor 
Status: Referred to House Taxation.

HB 1008
An Act to legalize the growth and production of industrial hemp and derivative products in the state, and to declare an emergency
Sponsor: Representative Qualm and Senator Klumb at the request of the Industrial Hemp Study in Committee
Summary: This bill allows the growth and production of hemp and hemp products as long as a license is acquired which requirements are further outlined in the bill.
SDARWS Position: Monitor 
Status: Referred to House Agriculture and Natural Resources.
 
HB 1025
An Act to revise certain provisions regarding plugging and performance bonds for oil and gas wells
Sponsor: The Committee on Agriculture and Natural Resources at the request of the Department of Environment and Natural Resources
Summary: This bill changes the amount for plugging and performance bonds to $50,000 or an amount sufficient to guarantee the costs of well site reclamation, or $100,000 blanket rather than the previous variable of the depth of the wells.
SDARWS Position: Monitor 
Status: Referred to House Agriculture and Natural Resources.
 
HB 1026
An Act to revise certain provisions relating to use of security for cleanup and remediation of environmental problem
Sponsor: The Committee on Agriculture and Natural Resources at the request of the Dept of Environment and Natural Resources
Summary: This bill adds language to SDCL 34A-10-2.3 stating that the state may use security for environmental cleanup or remediation of any lands or resources regulated under chapter 45-9 if the security is forfeited due to the failure of an oil and gas well operator.
SDARWS Position: Monitor 
Status: Referred to House Agriculture and Natural Resources.

HB 1035
An Act to make an appropriation from the water and environment fund and its revolving fund subfunds for various water and environmental purposes, to revise the water resources projects list, and to declare an emergency
Sponsor: The Committee on Appropriations at the request of the Office of the Governor
Summary: This bill is the Governor’s Annual Omnibus bill.
SDARWS Position: Support 
Status: Referred to House Committee on Appropriations.
 
HB 1058
An Act to revise certain provisions regarding water development districts:
Sponsor: Representative Mulally and Senators Monroe and Russell
Summary: This bill strikes language within SDCL 46A-3A-4 (defining the area included within the James River water development district) about the inclusion of communities, or portions thereof, that are contiguous to the described area. The current language implies that portions of cities or towns that fall outside of the described area are included. This avoids potential conflict between both the East Dakota WDD and the James River WDD ‘claiming’ the communities of Iroquois, which straddles the border between Kingsbury and Beadle Counties. The community of Irene is also impacted, as it straddles the border between three counties – Yankton (James River WDD, Turner and Clay (Vermillion Basin WDD) Counties. This bill also repeals disability as a criteria for declaring a director position vacant. Finally, this bill allows board meeting minutes to be distributed in lieu of “mailed” to official newspapers of the water development district.
SDARWS Position: Monitor 
Status: Referred to House Agriculture and Natural Resource Committee.
 
HB 1065
An Act to revise drone surveillance protections
Sponsor: Representative David Johnson and Senator Duhamel
Summary: This bill adds to the prohibited uses of drones that drones are not to be used for aerial surveillance, observation, technological imaging, photography, videography or any other type of sensory recording to gather, collect, disseminate, or retain data of persons where there is a reasonable expectation of privacy.
SDARWS Position: Monitor 
Status: Scheduled for hearing in to House Judiciary Committee on January 24.
 
HB 1071
An Act to revise provisions regarding surface water quality complaints
Sponsor: Representative Bartels and Senator Ernie Otten
Summary: This bill amends existing law to state that a department shall respond or undertake investigatory action as a result of a complaint as opposed to the current law which states that an investigation is not to take place unless the person making the complaint signs a complaint.
SDARWS Position: Monitor 
Status: Referred to House Agriculture and Natural Resources on January 22nd.

SENATE BILLS

SB 17
An Act to make an appropriation for the plugging and surface reclamation of natural gas wells and to declare an emergency
Sponsor: The Committee on Appropriations at the request of the Dept of Environment and Natural Resources
Summary: This bill appropriates $727,700 from the general fund to the Dept of Environment and Natural Resources for the purposes of the plugging and surface reclamation of natural gas wells.
SDARWS Position: Monitor 
Status: Referred to Joint Committee on Appropriations.
 
SB 31
An Act to revise and repeal certain provisions relating to the SD Retirement System
Sponsor: The Committee on Retirement Laws at the request of the South Dakota Retirement System
Summary: This bill repeals the tax qualifying purchase unit and allows “certified school employees” in lieu of “all teachers” to be included in the members in the system. This bill authorizes any political subdivision or public corporation to operate a retirement plan.
SDARWS Position: Monitor 
Status: Passed Senate Retirement Law Committee (5-0) on January 22.
 
SB 32
An Act to revise certain provisions regarding the administration of certain family and surviving spouse benefits of the SD Retirement System
Sponsor: The Committee on Retirement Laws at the request of the SD Retirement System
Summary: This bill adds language to existing law stating that the surviving spouse is eligible at the time of the member’s death, the benefit is effective the first day of the month following the date on which the member’s contributory service terminates.
SDARWS Position: Monitor 
Status: Passed Senate Retirement Law Committee (5-0) on January 22.
 
SB 34
An Act to establish a qualified benefit preservation arrangement for eligible members of the SD Retirement System
Sponsor: The Committee on Retirement Laws at the request of the SD Retirement System
Summary: This bill establishes a qualified benefit preservation arrangement which has a sole purpose to provide a portion of the benefit that would otherwise have been payable by the system exception for the limitations under section 415(b) of the Internal Revenue Code.
SDARWS Position: Monitor 
Status: Passed Senate Retirement Law Committee (5-0) on January 22.
 
SB 37
An Act to make an appropriation for costs related to disasters in the state and to declare an emergency
Sponsor: The Committee on Appropriations at the request of the Office of the Governor
Summary: This bill appropriates $9,918,359 from the general fund to the special emergency and disaster special revenue fund, for costs related to disasters in South Dakota.
SDARWS Position: Monitor 
Status: Referred to Joint Committee on Appropriations.
 
SB 48
An Act to authorize charges for and payment of administrative services
Sponsor: Senator Maher
Summary: This bill allows the Dept of Ag to charge any association, board, commission, council, or similar entity for the actual expenses incurred by the department in the provision of administrative services to that entity.
SDARWS Position: Monitor 
Status: Referred to Senate Committee on Appropriations.
 
SB 58
An Act to limit gifts to directors or employees of certain government districts
Sponsor: Senator Russell and Representative Goodwin
Summary: This bill limits gifts to directors or employees of certain government districts to one hundred dollars or more.
SDARWS Position: Monitor 
Status: Referred to Senate Local Government on January 21st
 
SB 63
An Act to establish certain provisions regarding pore spaces

Sponsor: Senator Maher
Summary: This bill defines pore space and states that title to any pore space in all strata underlying the surface of land and water is vested in the owner of the overlying surface ground.
SDARWS Position: Monitor 
Status: Introduced on January 21st; No assigned committee
 
SB 68
An Act to authorize a county gross receipts tax

Sponsor: Senator Steinhauer and Representative Reed
Summary: This bill would allow any county to impose a non-ad valorem tax at the rate of one percent upon the gross receipts of all lease or rentals of hotel, motel and campsites; sales of alcoholic beverages; establishments where the public is invited to eat or dine or purchase carry out; and ticket sales or admission to place of amusement or athlete events.
SDARWS Position: Monitor 
Status: Not yet assigned to a committee.

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2020 LEGISLATIVE SESSION - ALL BILLS
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