Home > 2014 SD Legislative Session, South Dakota > South Dakota 2014 Legislature: 18 more bills signed into law on March 7

South Dakota 2014 Legislature: 18 more bills signed into law on March 7

March 8, 2014

fishingOn March 7, 2014, Governor Daugaard signed 18 more bills into law coming from the South Dakota 2014 legislature. Below is a list of the bills signed into law and any thoughts I have about them. Most of this is standard code cleanup or clarifications of current laws. But there are a few back-door tax increases here…

SB 12An Act to update references to certain federal motor carrier regulations.

All this one did was change the federal regulations pointed to from 2013 to 2014.

SB 14 An Act to revise certain provisions pertaining to the Board of Examiners of Counselors and Marriage and Family Therapists.

This removed some old code and revised what was left. I don’t have enough knowledge in this area to truly determine what was changed, it seems harmless.

SB 29An Act to revise certain provisions in statute and administrative rules regarding the regulation of campgrounds and the license fee for campgrounds and to repeal administrative rules regulating primitive campgrounds, full-service campgrounds, limited service campgrounds and temporary campgrounds.

Part of this appears good, it removes a lot of old code that regulates campgrounds. However at the same time it appears many primitive or temporary campgrounds may be in for a fee increase. This bill looks like a bit like a tax increase increased in disguised as a code cleanup bill.

SB 54An Act to revise the definition of a boat dealer, used vehicle dealer and dealer of mobile homes or manufactured homes, and to revise certain penalties for selling motor vehicles, snowmobiles, mobile homes, manufactured homes or boats without a license.

I don’t like this one. It expands the definition of ‘dealer’. It really looks like an attempt to expand regulatory authority. That is not what is needed in the current economy! Of course this expanded definition of dealer will help the Dept of Revenue collect more taxes fees. (This bill was asked for by the Dept of Revenue)

SB 55 An Act to repeal the contractor’s excise tax on certain new or expanded power production facilities.

Wow, a bill to actually repeal a tax? Well, yes, but that doesn’t mean the tax will go down… As I read this, it repeals the 1% excise tax on certain renewable energy power production facilities. With this special 1% excise tax repealed it will now go up to the general excise tax rate of 2%. A case could be made that this is being done to make the tax more ‘fair’ across industries; but the case cannot be made that this is a ‘tax cut’.

SB 59An Act to increase the penalty for the trafficking of vehicle license plates and decals, to prohibit and provide a penalty for the unauthorized transfer of a vehicle license plate or decal, and to impose a penalty for altering or forging certain vehicle registration cards.

Who knew it wasn’t illegal to create a counterfeit decal for the license plate. This basically cleaned up and clarified current code.

SB 89An Act to repeal certain outdated and obsolete provisions regarding the medical department of the National Guard.

A good code cleanup bill. It’s kind of silly to have a law relating to the medical department of the National Guard when that entity no longer exists.

HB 1012An Act to provide for free resident fishing licenses for certain entities teaching basic fishing skills.

This just added a few entities that can get free fishing licenses for teaching. Nothing earth-shattering here.

HB 1014An Act to increase the nonrefundable application fee for resident bighorn sheep, mountain goat and elk licenses.

I don’t see why this tax increase was needed. Doubling the application fee from $5 to $10 shouldn’t be necessary. Just another back-door tax increase from the legislature.

HB 1015An Act to create an equitable process to handle water right applications submitted for aquifers determined to be fully appropriated by the Water Management Board.

I wish I understood this bill better. And LRC website is having problems so I can’t hear the testimony on it right now. But it appears to actually be expanding the power of the Water Management Board, as opposed to just creating an ‘equitable process’. This one may have some big future unintended consequences.

HB 1028An Act to revise the amount counties may be reimbursed for the detainment of parole violators.

I don’t have a problem with the slight increase in amount of money being reimbursed to counties. But… A better solution would be to stop prosecuting and jailing people for victim-less crimes. That would make bills like this one less necessary.

HB 1029An Act to revise certain requirements regarding the Richard Hagen- Minerva Harvey memorial scholarship program.

Just minor corrections to current code. Nothing nefarious seems to be here.

HB 1042An Act to revise the penalty for late payment of the additional original registration tax on aircraft.

If I remember the testimony on this one correctly, it brings this penalty more in-line with other vehicle types. I don’t see anything wrong with this bill.

HB 1051An Act to revise certain provisions regarding the regulation of captive insurance companies.

This one cleans up current code pretty good. Even though the changes are small, it took away a lot of ambiguities.

HB 1061An Act to include limited liability companies in certain provisions regarding the licensing of boats and motor vehicles and certain provisions regarding the dealers and manufacturers of certain vehicles, manufactured homes and mobile homes.

This one added LLC’s to parts of current code. It was an oversight when the original code was enacted.

HB 1079 An Act to authorize certain lighting on vehicles operated by ambulance service personnel.

This clarifies and slightly expands who can use a blue emergency blue light. Seems to be a good change.

HB 1090An Act to repeal certain outdated and obsolete provisions regarding county highways.

This one removed a lot of old and unnecessary code. That’s a good thing.

HB 1108An Act to repeal certain outdated and obsolete provisions regarding employment strikes and lockouts.

This bit of code has been overwritten by federal statute back in the 1930’s. This code cleanup did have quite a bit of resistance from legislators who seemed to think it was an attack on unions. I don’t think it was. Either way I think it was good code cleanup to get rid of these unnecessary pieces of law.

  1. April 28, 2014 at 2:20 am

    I like the helpful information you provide in your articles.
    I will bookmark your blog and check again here regularly. I’m quite sure I’ll learn
    plenty of new stuff right here! Best of luck for the next!

  1. March 31, 2014 at 7:15 pm
Comments are closed.
%d bloggers like this: