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: Passed House Taxation Committee as amended (12-0) on January 28; passed House of Representatives as amended (66-1) on January 30; passed Senate Taxation Committee (6-0) on February 7; passed Senate (35-0) on February 10.
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 ImplementatioPassed House Taxation Committee as amended (12-0) on January 28; passed House of Representatives as amended (66-1) on January 30.n 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: Passed House Taxation Committee as amended (12-0) on January 30; passed House of Representatives as amended (66-0) on February 5; scheduled for hearing in Senate Taxation Committee on February 19.
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: Passed House Agriculture and Natural Resources Committee as amended (11-0) on February 6; passed House of Representatives (54-12) on February 11; referred to Senate Agriculture and Natural Resources Committee.
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: Passed House Agriculture and Natural Resources Committee (10-1 on February 4; passed House of Representatives (61-5) on February 5; referred to Senate Agriculture and Natural Resources Committee.
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: Passed Agriculture and Natural Resources Committee (11-0) on February 4; passed House of Representatives (65-0) on February 5; referred to Senate Agriculture and Natural Resources Committee.
HB 1033
An Act to provide for the prevention of aquatic invasive species contamination in public waters and to declare an emergency
Sponsor: The Committee on Agriculture and Natural Resources at the request of the Office of the Governor
Summary: This bill states that it is a misdemeanor for any person to possess, import, ship, or transport within this state any aquatic invasive species unless authorized by the commission; This bill also states that it is a misdemeanor for any person to place a conveyance or cause a conveyance to be placed into waters without first having followed certain procedures such as cleaning or draining the conveyance; Finally this bill also allows the department to establish aquatic invasive species inspection stations.
SDARWS Position: Monitor
Status: Referred to House Agriculture and Natural Resources on January 15th; Passed House Ag and Natural Resources (11-0) on January 28th; House floor deferred on January 29; passed House of Representatives as amended (59-7) on February 5; scheduled for hearing in Senate Agriculture and Natural Resources Committee on February 18.
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 Joint 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: Passed House Agriculture and Natural Resources Committee (12-0 consent) on January 30; Passed House of Representatives (66-0) on February 4; scheduled for hearing in Senate Agriculture and Natural Resources Committee on February 18.
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: Passed House Judiciary Committee as amended (8-4) on February 5; passed House of Representatives (60-6) on February 11; referred to Senate Judiciary Committee.
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: Deferred to 41st legislative day in House Agriculture and Natural Resources Committee (12-0) February 11.
HB 1084
An Act to increase the maximum allowable height of certain vehicles carrying baled feed
Sponsor: Representative Finck
Summary: This bill increases the maximum allowable height for trailers carrying baled feed from fourteen feet and three inches to fifteen feet. It was amended in committee to add an emergency clause.
SDARWS Position: Monitor Carefully
Status: Passed House Transportation Committee as amended (13-0) on January 30; passed House of Representatives (66-0) on February 5; passed Senate Agriculture and Natural Resources Committee (7-0) on February 13.
HB 1093
An Act to establish a pipeline liability fund, to authorize a special fee for extraordinary expenses, and to make a continuous appropriation therefor
Sponsor: Representative Bordeaux and Senator Heinert at the request of the Committee on State-Tribal Relations
Summary: This bill establishes in the state treasurer the SPOIL fund; This bill states the money in the fund may be used to pay administrative costs and extraordinary expenses incurred by the state, federally recognized Indian Tribe, political subdivision, private cooperate, or business entity arising out of or in connection with a pipeline.
SDARWS Position: Monitor
Status: Referred to Joint Committee on Appropriations.
HB 1099
An Act to authorize counties to impose a temporary sale and use tax and to issue revenue bonds to fund certain county infrastructure construction
Sponsor: Representative York and Senator Novstrup
Summary: This bill would add a new law that would allow the board of county commissioner, by a resolution approved by registered voters, impose a temporary non-ad valorem tax at a rate not to exceed one-half percent on the sale, use, storage, and consumption in the county of the items subject to state tax under chapters 10-45 and 10-46; The monies would be designated for a renovating or replacing a jail facility.
SDARWS Position: Monitor
Status: Passed House Taxation Committee as amended (8-5) on February 6; failed House of Representatives (32-35) on February 11.
HB 1100
An Act to make an appropriation to begin the research and development of a new bioprocessing facility and to declare an emergency
Sponsor: Representative Anderson and Senator Partridge
Summary: This bill makes an appropriation of $1,000,000 from the general fund to the Board of Regents for the purposes of the design and development of a new bioprocessing facility to be located in Brookings, South Dakota.
SDARWS Position: Monitor
Status: Referred to Joint Appropriations Committee.
HB 1118
An Act to revise the boundaries of certain water development districts and to revise certain provisions regarding the election of the board of directors and the levying of taxes in the affected districts
Sponsor: Representative Kent Peterson and Senator Rusch
Summary: See title.
SDARWS Position: Monitor
Status: Tabled by House Agriculture and Natural Resources Committee (12-0) on February 11.
HB 1166
An Act to revise provisions regarding the appointment of inactive watershed district boards and the reactivation of watershed districts
Sponsor: Representative Anderson, Chase and Duvall
Summary: This bill would provide the framework for reactivation of a watershed district which includes notice of hearing. The bill further provides the procedure for filling a vacancy on a watershed district.
SDARWS Position: Monitor
Status: Referred to House Agriculture and Natural Resources Committee.
HB 1180
An Act to require certain infrastructure standards in annexed areas
Sponsor: Representative Reed and Senator Schoenbeck
Summary: This bill provides that if a municipality that owns and operates its own electric utility annexes an area that is or will be served by an electric utility other than the municipal-owned utility, the governing body of the municipality may require minimum electric infrastructure standards for the annexed area.
SDARWS Position: Monitor
Status: Referred to House State Affairs Committee.
HB 1199
An Act to require certain annexation information be provided to electric utilities
Sponsor: Representative Reed and Gosch and Senator Schoenbeck and Youngberg
Summary: This bill adds language to the existing annexation of territory law to state that in the case of an annexation in a municipality with a municipally-owned electric utility, the governing body of the municipality shall mail, by certified mail, a copy of the petition for annexation with a notice of time and place of the public hearing to any electric utility providing electric service in the area considered for annexation.
SDARWS Position: Monitor
Status: Referred to House State Affairs Committee.
HB 1202
An Act to revise provisions regarding certain sales and use tax rates
Sponsor: Representative Finck, Gosch and Howard
Summary: This bill adds a new section of law that is imposing a tax rate of four and one-half percent; The bill goes on to say for each fiscal year in which growth in gross sales tax revenue as compared with its immediately preceding fiscal year, exceeds the adjusted cost of living plus twenty million dollars, the rate of tax imposed by this section is reduced by one-tenth, effective on the next fiscal year
SDARWS Position: Monitor
Status: First House reading on January 30th
HB 1229
An Act to accommodate legislation related to electric service in a newly annexed area
Sponsor: Representative Brunner
Summary: Vehicle bill
SDARWS Position: Monitor
Status: Introduced on February 4th
HB 1234
An Act to revise the definition of operator for the purposes of the one-call notification system for excavation activities
Sponsor: Representative Miskimins and Senator Schoenfish
Summary: This bill changes the definition of “Operator” from “any person who operates an underground” to “any person who operates an underground other than a municipality or another political subdivision if the underground facility is a sewer or water line located on private property.
SDARWS Position: Monitor
Status: Withdrawn at the Request of the Prime Sponsor.
HB 1262
An Act to revise provisions regarding electric service in annexed areas
Sponsor: Representative Anderson and Senator Kolbeck
Summary: This bill creates new section of law to state that before a municipality that operates an electric utility may annex or extend its boundaries to include contiguous territory, representatives of the municipal utility shall request to meet in person with representatives of any affected electric utility to discuss the municipality’s intentions for the provision of electric service to customers in areas that could be annexed into the city and to negotiate terms that set forth electric service in the annexed area.
SDARWS Position: Monitor
Status: First House reading on February 6th
HB 1269
An Act to prohibit the internet publication of certain land records
Sponsor: Representative Rounds
Summary: This bill creates new law to prohibit the register of deeds from publishing or posting any land record on the internet for public use without the express consent of the landowner.
SDARWS Position: Monitor
Status: First House reading on February 6th
HB 1271
An Act to establish certain provisions regarding the rural broadband fund
Sponsor: Representative Karr and Senator Nesiba
Summary: This bill places sideboards/restrictions for applicants of the South Dakota rural broadband funds. Among other things, it limits the amount of any one grant to one million dollars.
SDARWS Position: Monitor
Status: Introduced on February 6.
HB 1292
An Act to make an appropriation to expand rural access to broadband services and to declare an emergency
Sponsor: The Committee on Committee on Appropriations
Summary: This bill appropriates from the general fund $5,000,000 to the Governor’s Office of Economic Development, for purposes of expanding rural access to broadband services throughout South Dakota.
SDARWS Position: Monitor
Status: Referred to Joint Appropriations Committee.
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