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HOUSE BILLS
HB 1010
An Act to recodify, to make certain form and style changes, to clarify and to repeal certain provisions related to the South Dakota Retirement System.
Sponsors: The Committee on Retirement Laws at the request of the South Dakota Retirement System.
Summary: The Department reports this is a complete reorganization of the laws governing SDRS in a more logical and user-friendly manner.
SDARWS Position: Monitor
Status: Passed House Retirement Laws Committee (5-0) on January 24; passed House of Representatives (65-0) on January 28; scheduled for hearing in Senate Retirement Laws Committee on February 5.
HB 1011
An Act to revise certain provisions relating to the South Dakota Retirement System.
Sponsors: The Committee on Retirement Laws Committee at the request of the South Dakota Retirement System.
Summary: The Department reports this is a style and form change and will provide compliance with IRS qualification requirements.
SDARWS Position: Monitor
Status: Passed House Retirement Laws Committee (5-0) as amended on January 24; passed House of Representatives (70-0) on January 29; scheduled for hearing in Senate Retirement Laws Committee on February 5.
HB 1018
An Act to transfer the collection of various fees from the Department of Revenue to the Department of Environment and Natural Resources.
Sponsors: The Committee on Taxation at the request of the Department of Revenue
Summary: The Department of Revenue currently collects certain fees for DENR. With updated computer systems, DENR is in a better position to collect those fees and is requesting authority to begin those collections internally.
SDARWS Position: Monitor
Status: Passed House Taxation Committee (11-0) (Consent) on January 15; passed House of Representatives (69-0) on January 16; passed in Senate Agriculture and Natural Resources Committee (8-0) (consent) on January 30.
HB 1019
An Act to require that the state pursue recoverable costs of litigation.
Sponsors: The Committee on Commerce and Energy at the request of the Bureau of Administration
Summary: This bill would require the state and its political subdivisions to seek recovery of costs if allowed by a prevailing party in a court action.
SDARWS Position: Monitor
Status: Re-referred by House Commerce and Energy Committee to House Judiciary Committee (12-1) on January 23; deferred to 41st legislative day in House Judiciary (13-0) on January 25.
HB 1031
An Act to authorize certain wind and solar easements and leases by the commissioner of School and Public Lands.
Sponsors: The Committee on Commerce and Energy at the request of the Office of School and Public Lands
Summary: In addition to agricultural and grazing leases and mineral leases, this bill authorizes the Commissioner of School and Public Lands to enter into wind and solar easements and leases on school and public lands.
SDARWS Position: Monitor
Status: Passed House Commerce and Energy Committee (12-1) on January 14; passed House of Representatives (56-11) on January 15; passed Senate Commerce and Energy Committee as amended (7-0) on January 22; passed Senate (34-1) on January 24; concurred by House of Representatives (60-5) on January 28; signed by House Speaker on January 29; signed by Senate President on January 30.
HB 1048
An Act to authorize a public body to conduct certain deliberations in an executive or closed meeting.
Sponsors: Representatives Reed, Bartels, Barthel, Beal, Chase, Deutsch, Diedrich, Duvall, Finck, Glanzer, Hunhoff, Otten (Herman), Peterson (Kent), Post, Qualm, Reimer, Smith (Jamie), and York and Senators Smith (VJ), Ewing, Langer, Novstrup, and Stalzer
Summary: The bill would allow information solely pertaining to the protection of the security of public or private property and persons on or within public or private property as further defined in SDCL 1-27-1.5(8) to be discussed in executive session.
SDARWS Position: Monitor
Status: Passed House State Affairs Committee (10-0) (consent) on January 23; passed House of Representatives (66-0) on January 24; passed Senate State Affairs (8-0) on January 30.
HB 1145
An Act to establish certain provisions regarding the mowing of rights-of-way adjacent to the state trunk highway system.
Sponsors: Representatives Finck, Anderson, Brunner, Chase, Dennert, Glanzer, Gosch, Greenfield (Lana), Lake, Lesmeister, Livermont, Marty, Mills, Peterson (Kent), Pischke, Post, Qualm, Schoenfish, and Weis and Senators Blare, Bolin, Cronin, Klumb, Maher, Monroe, Nelson, and Youngberg
Summary: This bill states mowing of hay within twenty-five feet of the right-of-way adjacent to the shoulder of a roadway on the state trunk highway system is authorized at any time of the year by the owner or assigns of land abutting the right-of-way. The bill also prohibits the DOT from destroying any mowed hay prior to October 1 of each year.
SDARWS Position: Monitor
Status: Referred to House Transportation Committee.
HB 1153
An Act to revise certain provisions on the protection of historic properties.
Sponsors: Representatives Pourier, Bordeaux, Healy, Lesmeister, and McCleerey and Senators Foster, Heinert, Maher, Nesiba, and Youngberg
Summary: This bill would broaden the definition of historic properties to include traditional cultural properties of Indian tribes.
SDARWS Position: Monitor
Status: Referred to House State Affairs Committee.
HB 1167
An Act to revise and promote greater efficiency with sales tax exemptions.
Sponsors: Representatives Karrand Hunhoff
Summary: This is a placeholder bill promoting tax exemption efficiency.
SDARWS Position: Monitor
Status: Referred to House Taxation Committee.
HB 1221
An Act to revise administrative rule to add palmer amaranth as a prohibited noxious weed seed.
Sponsors: Representatives Lake, Dennert, McCleerey, and Weis and Senators Croninand Heinert
Summary: This is a bill that adds palmer amaranth as a prohibited noxious weed.
SDARWS Position: Monitor
Status: Referred to House Agriculture and Natural Resources Committee.
HB 1223
An Act to modify the distribution of taxes on concentrated animal feeding operations.
Sponsors: Representatives Peterson (Kent), Anderson, Borglum, Chase, Duvall, Finck, Miskimins, Post, Qualm, Reed, Reimer, Schoenfish, and Zikmund and Senators Klumb, Cammack, and Cronin
Summary: This bill would distribute fifty percent of the contractor excise tax paid from CAFO’s to the county.
SDARWS Position: Monitor
Status: Referred to House Taxation Committee.
HB 1226
An Act to revise the distance certain wind energy systems must be set back from surrounding property.
Sponsors: Representatives Qualm, Beal, Finck, Gosch, and Haugaard and Senators Greenfield (Brock), Bolin, Langer, and Youngberg
Summary: This bill would require the set back of a wind turbine tower to 1500 feet or three times the height of the tower (whichever is greater) from a surrounding property line. It would require a setback of at least twelve times the height of the tower or 1 ½ miles (whichever is greater) from any residence, business or public binding unless there is an agreement that it can be closer.
SDARWS Position: Monitor
Status: Referred to House Commerce and Energy Committee.
HB 1234
An Act to provide funding to schools from the contractor's excise tax on concentrated animal feeding operations.
Sponsors: Representatives Post, Beal, Brunner, Chaffee, Dennert, Deutsch, Finck, Gosch, Greenfield (Lana), Gross, Howard, Jensen (Kevin), Johnson (Chris), Johnson (David), Koth, Latterell, Marty, Perry, Peterson (Kent), Peterson (Sue), Pischke, Qualm, Reed, Schoenfish, Steele, Weis, Wiese, and Zikmund and Senators Greenfield (Brock), Blare, Cronin, DiSanto, Kolbeck, Maher, Smith (VJ), Wiik, and Youngberg
Summary: This bill would create a supplementary special education fund that would collect contractor excise tax over $200,000 paid by CAFOs.
SDARWS Position: Monitor
Status: Referred to House Taxation Committee.
HB 1239
An Act to revise certain provisions regarding temporary permits for the use of public water.
Sponsors: Representatives Pourier, Bordeaux, McCleerey, Smith (Jamie), and Sullivan and Senators Foster, Heinert, and Wismer
Summary: This bill would require DENR to schedule a hearing on an application for a temporary water use permit when requested by the State, County, municipality or tribe.
SDARWS Position: Monitor
Status: Referred to House Agriculture and Natural Resources Committee.
HB 1240
An Act to revise certain provisions regarding water permits.
Sponsors: Representatives Pourier, Bordeaux, Healy, McCleerey, Smith (Jamie), and Sullivan and Senators Foster, Heinert, and Wismer
Summary: This bill would allow a county or municipality to request a public hearing on a water permit application.
SDARWS Position: Monitor
Status: Referred to House Agriculture and Natural Resources Committee.
HB 1249
An Act to revise certain provisions regarding sales tax.
Sponsors: Representative Karr
Summary: This is a placeholder bill relating to South Dakota sales tax.
SDARWS Position: Monitor
Status: Referred to House Taxation Committee.
HB 1254 An Act to make appropriations 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 bill is the Governor’s Annual Omnibus bill.
SDARWS Position: Support
Status: Referred to Joint Appropriations Committee.
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SENATE BILLS
SB 4
An Act to revise certain provisions regarding the classification of agricultural land for property tax purposes.
Sponsors: Senators Cammack and Kennedy and Representative McCleerey at the request of the Agricultural Land Assessment Implementation and Oversight Advisory Task Force
Summary: This bill was introduced following the summer Ag Land task force. There will be additional changes and clarifications to this bill.
SDARWS Position: Monitor
Status: Motion to amend Senate Taxation Committee (4-3); scheduled for hearing in Senate Taxation as amended on February 6.
SB 12
An Act to revise certain provisions pertaining to the disqualification of commercial driver license holders for failure to consent to chemical analyses.
Sponsors: The Committee on Transportation at the request of the Department of Public Safety Summary: This bill revises certain provisions pertaining to the disqualification of commercial driver license holders for failure to consent to chemical analyses to include failure to submit to an analysis of drugs.
SDARWS Position: Monitor
Status: Passed Senate Judiciary (7-0) (Consent) on January 15; removed from Consent Calendar on January 16; passed Senate (30-4) on January 17; passed House Judiciary Committee (13-0) on January 28; passed House of Representatives (70-0) on January 30.
SB 14
An Act to define solar energy facilities and to establish certain provisions regarding solar energy permits.
Sponsors: The Committee on Commerce and Energy at the request of the Public Utilities Commission
Summary: This bill adds solar facilities to the list of facilities requiring permits under SDCL Ch. 49-41B. The bill will broaden the regulatory oversight of the SDPUC regarding renewable energy.
SDARWS Position: Monitor
Status: Passed Senate Commerce and Energy Committee (6-1) on January 15; passed Senate (31-3) on January 17; passed House Commerce and Energy Committee (9-4) on January 25.
SB 15
An Act to extend the timeline for granting wind energy permits.
Sponsors: The Committee on Commerce and Energy at the request of the Public Utilities Commission
Summary: This bill would give the SDPUC a full year to investigate and decide upon an application for a wind-energy permit. Currently, the SDPUC has six months to make the permitting decision, but the Commissioners argue this is insufficient time. The Committee deferred action on the bill and instructed interested parties to work on a compromise.
SDARWS Position: Monitor
Status: Deferred in Senate Commerce and Energy Committee (6-1) on January 17.
SB 16
An Act to establish certain provisions regarding financial security for the decommissioning of wind turbines.
Sponsors: The Committee on Commerce and Energy at the request of the Public Utilities Commission.
Summary: This bill would give the PUC absolute authority over the security obtained by a developer to cover decommissioning of a wind-energy facility.
SDARWS Position: Monitor
Status: Passed Hearing Senate Commerce and Energy (6-1) on January 15; Passed Senate (29-4) on January 22; referred to House Commerce and Energy Committee.
SB 17
An Act to revise certain provisions regarding certain indemnity bonds that the Public Utilities Commission may require.
Sponsors: The Committee on Commerce and Energy at the request of the Public Utilities Commission
Summary: This bill would clarify that the PUC “may” require indemnity bonds, instead of “shall” require bonds, for entities regulated under SDCL 49-41B. The PUC tried to broaden their discretion to require a bond for transmission facilities (current law) to all facilities, but the Committee rejected that language in the bill.
SDARWS Position: Monitor
Status: Passed Senate Commerce and Energy (7-0) on January 15 as amended; passed Senate (34-0) on January 17; tabled in House Commerce and Energy (12-0) on January 25.
SB 18
An Act update certain references to federal laws and regulations regarding pipeline safety inspections and to increase the maximum civil penalty for certain pipeline safety violations.
Sponsors: The Committee on Commerce and Energy at the request of the Public Utilities Commission
Summary: Updates the federal laws and regulations from the year 2016 to 2019.
SDARWS Position: Monitor
Status: Passed in Senate Commerce and Energy (7-0) on January 17; passed Senate (34-0) on January 22; referred to House Commerce and Energy Committee.
SB 46
An Act to repeal provisions regarding river basin natural resource districts.
Sponsors: Senator Schoenbeck and Representative Deutsch
Summary: The bill would repeal the chapter creating the nine current river basin natural resource districts.
SDARWS Position: Monitor
Status: Deferred to the 41st Legislative Day in Senate Agriculture and Natural Resources (5-3) on January 17.
SB 59
An Act to revise certain provisions regarding public records.
Sponsors: Senators Rusch, Jensen (Phil), Nelson, Smith (VJ), Stalzer, Steinhauer, Sutton, and Wismer and Representatives Johnson (David), Latterell, McCleerey, Rasmussen, Reed, Ring, Willadsen, and Zikmund
Summary: The bill adds certain documents to the list of public records and precludes a political subdivision from making a settlement agreement confidential.
SDARWS Position: Monitor
Status: Passed Senate Judiciary Committee (5-0) as amended on January 29.
SB 66
An Act to remove the right of an annexing municipality to acquire service territory of an electric utility.
Sponsors: Senators Greenfield (Brock), Cammack, Cronin, DiSanto, Ewing, Foster, Heinert, Jensen (Phil), Langer, Maher, Monroe, Russell, Steinhauer, and Wismer and Representatives Brunner, Beal, Bordeaux, Chaffee, Dennert, Duba, Frye-Mueller, Goodwin, Gosch, Greenfield (Lana), Hammock, Healy, Johnson (David), Lake, Lesmeister, Livermont, Marty, McCleerey, Peterson (Sue), Pischke, Qualm, Reimer, Weis, Willadsen, and Zikmund
Summary: This is the Rural Electric bill that would freeze current electric service territory boundaries to address loss of territory by municipal annexation. The hearing was deferred so the parties could begin negotiations.
SDARWS Position: Monitor
Status: Scheduled for hearing in Senate Local Government Committee on January 25; hearing deferred.
SB 73
An Act to revise qualifications for sanitary district trustees.
Sponsors: Senator Schoenbeck and Representative Johns
Summary: The bill would allow a Trustee of a sanitary district with 100 or less members to 1) be a resident of the district or 2) a landowner in the district.
SDARWS Position: Monitor
Status: Passed Senate Local Government Committee (5-1) on January 30.
SB 81
An Act to revise provisions regarding minimum demand of electric service.
Sponsors: Senator Schoenbeck and Representative Reed
Summary: In an attempt to increase the bargaining power of the opponents to SB 66, this is one of three bills filed by Senator Schoenbeck that the opponents knew we would find objectionable. This bill amends the large load statute (SDCL § 49-34A-56) by decreasing loads subject to competitive bid from “a contracted minimum demand of two thousand kilowatts or more” to “a connected load of five hundred kilowatts or more.”
SDARWS Position: Monitor
Status: Referred to Senate Commerce and Energy Committee.
SB 82
An Act to revise provisions regarding election of officers for rural electric cooperatives.
Sponsors: Senator Schoenbeck and Representative Reed
Summary: This bill imposes the notice requirements of public entities on a rural electric cooperative’s director elections at its annual meeting. The bill restricts the term of directors to three years, and it requires that rural electric cooperatives must have a minimum of four voting districts.
SDARWS Position: Monitor
Status: Scheduled for hearing in Senate State Affairs Committee on February 8.
SB 83
An Act to revise provisions regarding meetings and records of rural electric cooperatives.
Sponsors: Senator Schoenbeck and Representative Reed
Summary: This bill adds rural electric cooperatives to the notice and record requirements imposed upon the state and its political subdivisions.
SDARWS Position: Monitor
Status: Scheduled for hearing in Senate State Affairs Committee on February 8.
SB 87
An Act to enhance South Dakota.
Sponsors: Senator Bolin and Representatives Beal and Qualm
Summary: This bill is a placeholder bill.
SDARWS Position: Monitor
Status: Scheduled for hearing in Senate State Affairs Committee on January 30.
SB 91
An Act to revise certain provisions regarding open meeting requirements.
Sponsors: Senator Soholt and Representative Reed
Summary: This bill makes changes to the definitions of public entities that are subject to open laws. Among other things, the bill provides that for an event hosted by a nongovernmental entity to which a quorum of a public body is invited and at which public policy may be discussed, but the public body does not control the agenda, the political subdivision may post a public notice of a quorum, in lieu of an agenda.
SDARWS Position: Monitor
Status: Scheduled for hearing in Senate State Affairs Committee on February 6.
SB 100
An Act to reduce the number of petition signatures required for conservation district supervisor elections.
Sponsors: Senators Maher, Blare, Cammack, Greenfield (Brock), and Wismer and Representatives Dennert, Brunner, Duvall, McCleerey, Otten (Herman), Peterson (Kent), Schoenfish, and Wiese
Summary: This bill changes the number of signatures from 35 to 15 for nominating petitions for conservation districts.
SDARWS Position: Monitor
Status: Passed Senate Local Government Committee (6-0) (consent) on January 30.
SB 101
An Act to establish certain provisions regarding out-of-state businesses that provide disaster or emergency related work.
Sponsors: Senator Maher and Representative Peterson (Kent)
Summary: This bill exempts from local and state sales tax out-of-state entities that come to South Dakota to assist with disaster or emergency work, such as repairs of electric lines.
SDARWS Position: Monitor
Status: Scheduled for hearing in Senate Commerce and Energy Committee on February 5.
SB 102
An Act to make an appropriation for gas well cleanup in Harding County.
Sponsors: Senator Maher and Representative Marty
Summary: This bill would require a nonprofit corporation to have a privacy protection policy in place before requesting a person’s social security number.
SDARWS Position: Monitor
Status: Referred to Joint Committee on Appropriations.
SB 123
An Act to provide for the adoption of privacy protection policies.
Sponsors: Senators Russell and Nelson and Representatives Pischke and Jensen (Kevin)
Summary: This bill requires nonprofit corporations that provide services that require a person’s social security number to adopt a privacy protection policy setting forth the manner in which the corporation will protect that information. The Bureau of Information and Telecommunications, in concert with the attorney general, shall develop and post sample policies.
SDARWS Position: Monitor
Status: Referred to Senate Commerce and Energy Committee.
SB 147
An Act to provide certain provisions regarding commercial pesticide applicators.
Sponsors: Senators Rusch, Foster, Kennedy, Nelson, Novstrup, Otten (Ernie), Soholt, Solano, Stalzer, Steinhauer, and White and Representatives Rasmussen, Barthel, Bordeaux, Brunner, Duba, Frye-Mueller, Glanzer, Greenfield (Lana), Johnson (Chris), Latterell, Peterson (Sue), Randolph, Ring, Saba, Smith (Jamie), Steele, Sullivan, Weis, Wiese, and Zikmund
Summary: This bill would require a commercial applicator licensee to show evidence of financial responsibility.
SDARWS Position: Monitor
Status: Referred to Senate Agriculture and Natural Resources Committee.
SB 167
An Act to revise provisions regarding public safety.
Sponsors: Senator Partridge
Summary: This is a placeholder bill to improve public safety.
SDARWS Position: Monitor
Status: Referred to Senate Appropriations Committee.
SB 176
An Act to make an appropriation for the second-century habitat fund and to declare an emergency.
Sponsors: The Committee on Appropriations at the request of the Office of the Governor
Summary: This bill would be an appropriate $1,000,000 to implement the Governor’s second-century habitat fund for the protection of wildlife habitat.
SDARWS Position: Monitor
Status: Referred to Senate Appropriations Committee.
SB 183
An Act to revise certain provisions regarding buffer strips.
Sponsors: Senators Heinert, Blare, Cronin, Ewing, Foster, Greenfield (Brock), Kennedy, Klumb, Maher, Nesiba, Partridge, Rusch, Smith (VJ), Wismer, and Youngberg and Representatives Gosch, Bordeaux, Cwach, Duba, Hansen, Healy, Lake, Lesmeister, Marty, McCleerey, Pourier, Qualm, Ring, Saba, Smith (Jamie), and Sullivan
Summary: This is a placeholder bill regarding buffer strips.
SDARWS Position: Monitor
Status: Referred to Senate Agriculture and Natural Resources Committee.
SB 184
An Act to revise certain provisions regarding certification of utility permits.
Sponsors: Senators Foster, Heinert, Kennedy, Maher, Nesiba, Wismer, and Youngberg and Representatives Bordeaux, Pourier, Rasmussen, Saba, St John, and Sullivan
Summary: This bill would require the SDPUC to have a contested case proceeding when recertifying a utility meets the terms of a current permit if the utility wants to expand or improve the projects more than four years after a permit is issued.
SDARWS Position: Monitor
Status: Referred to Senate Commerce and Energy Committee.
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