Home > 2014 SD Legislative Session, South Dakota > 27 more bills signed into law on March 12 by Governor Daugaard

27 more bills signed into law on March 12 by Governor Daugaard

March 12, 2014

1362508877On March 12, 2014, Governor Daugaard signed 27 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.

Now we are getting more of the bills that actually have substance. On he bad side there is a tax hike on wheat (HB 1081). But the most important item is this list is probably SB 74. SB 74 is the shared parenting bill. This bill goes a long way to getting both parents treated equally in custody hearings.

SB 4An Act to ensure notice to the respondent and opportunity for the respondent to be heard prior to enforcement of certain foreign domestic protection orders.

This one clarifies the language in current code dealing with domestic abuse. The changes seem to make current code better.

SB 19An Act to increase expenditure authority to accommodate donations to projects at Black Hills State University and Northern State University, to authorize the acquisition and renovation of improved real property for a project at Dakota State University, and to declare an emergency.

This one allows the renovation costs for the Black Hills State University Jonas Hall Science, Dakota State University information system facility, and Northern State University Johnson Fine Arts Center to be higher than originally passed by the legislature. However the extra money has to come via donations or other outside places because bonds cannot be used for the extra cost. I can’t see a problem with this law since it didn’t take more taxpayer dollars.

SB  40An Act to allow a surviving spouse of a member of the South Dakota Retirement System to elect a reduced benefit prior to age sixty-five under certain circumstances.

I’m not sure why this change was needed, but I see no problem with this change to SDRS. The surviving spouse can choose to do this at age 55 and loses 5% per year before 65, which may mean the benefit is reduced down 50% at age 55.

SB 41An Act to revise the definition of penitentiary correctional staff for purposes of administering the South Dakota Retirement System.

This gives bureaucrats more flexibility in choosing what employees are classified as ‘penitentiary correctional staff’. I guess it gives the bureaucrats something more to do. Not sure why this law was needed, but I don’t necessarily see any problems with it.

SB 42An Act to authorize certain former state cement plant employees and surviving spouses to elect a lump sum trustee-to-trustee payment in lieu of monthly benefit payments.

This bill makes sense and matches what can be done in the private sector. I would’ve thought this was already allowed. But then I’ve never dealt with SDRS.

SB 43An Act to revise the calculation of disability benefits and certain benefits payable upon death of members of the South Dakota Retirement System.

Another SDRS change, it seems to be good changes. Honestly I didn’t listen to any of the testimony on any of the SDRS bills, it’s not an area I have had enough time to look into. But when I read the bills they seem to be good changes.

SB 45An Act to revise the Real Estate Commission’s grounds for disciplinary actions on home inspectors.

This one looks bad. It lets the Real Estate Commission discipline home inspectors for certain moral turpitude misdemeanors or felonies that may have nothing do with their profession. Someone may have a felony from their youth decades ago and this would allow the Commission to prevent that person from attaining their home inspector license. It doesn’t sound like our legislators believe that people who have paid their price for crimes should be able to become a productive member of society.

SB 47 An Act to establish new criteria for the certification, licensure, and registration of real estate appraisers.

This shows the Department of Labor has nothing better to do than further kill an industry. Current real estate appraiser laws and regulations around the country have driven the industry into a dangerous shortage of new appraisers. So what are we going to do about that problem? Well, we are going add more requirements to become a real estate appraiser. Really?!?  Unfortunately many of the bureaucrats that have to deal with this industry believe the current shortage is completely the fault of the real estate crises from a few years back. Yes, that had a large impact on existing appraisers leaving the industry. But regulations are what is preventing new entries into the industry. Sometimes I wonder if bureaucrats and legislators will ever learn……….

SB 48 An Act to require appraisal management companies to maintain a surety bond or irrevocable letter of credit.

This one isn’t as bad as SB47, but I don’t see it is necessary to enact as a law. The only companies I can think of this would apply to should be bonding their employees out of simple market common sense. Just more expansion of regulations…

SB 49An Act to revise certain provisions regarding private placement policies.

This one removed a couple of lines from existing code. I don’t see any problems with the changes.

SB 51 An Act to revise certain provisions regarding the regulation of tobacco.

I will defer to Rep Kaiser on why this was a bad bill. He summed it up well on his Facebook page: “I voted no on SB 51, an act to revise certain provisions regarding the regulation of tobacco. This bill gives authority to the state to do drug war type raids on tobacco sales companies who do not comply 100% with the law (either intentionally or by accident). This over regulation gives power and authority to the big tobacco companies. This bill passed, 56-14”

SB 74An Act to provide for the consideration of joint physical custody of a minor.

This is probably one of the best laws passed this year. And it is a surprisingly libertarian take on a law. This shared parenting law basically says that custody disputes between parents shall be treated equal under the law and the court should start with the presumption of joint custody. There are provisions that can be used to change that presumption and custody can still be awarded in varying ways. But at least now both parents start on equal grounding. That is a huge victory for advocates of share parenting: equal treatment under the law!

SB 103An Act to establish certain civil penalties for tampering or removing any highway marker, sign, or control device and to distribute the revenue from such civil penalties.

I don’t see a need for this bit of code to be added to the law books. Heck, I preferred Rep Olson’s bill (HB 1114) allowing the removal of reflector poles over this one. At least Olson’s bill wasn’t a grab for more money by those in Pierre.

SB 147An Act to revise the composition of the governing body of a health maintenance organization.

This removed some language from current code and makes it much easier to read.

SB 171An Act to recognize certain federal forms as sufficient to direct the disposition of the body of a servicemember.

A good law. It allows DD Form 93 to be used for disposition of body of a servicemember. I can’t imagine this was being denied before, but this new law makes it clear.

HB 1030An Act to provide for the confidentiality of certain evaluation data.

This is a bill I posted about previously. It was a bad bill then, and is still a bad bill after being signed into law. In addition to the remarks I made before it also prevents other types of records from being used. For instance if a teacher records (audio or video) an evaluation of your child, and that recording is used in a teacher evaluation, then parents no longer have the right to see that video. That is just bad closed-government policy.

HB 1036An Act to revise certain provisions regarding the billboard permitting process.

This is a bad bill all around. This is a bill brought forward by the DOT to cower before the Federal government because they MIGHT do something in the future. Rep Nelson brought forth a bill that does the opposite of this bill, HB1232. HB1232 basically said that if state and local laws are followed then the DOT has to follow the law and issue permits for billboards. Sadly HB1232 died on the House floor. HB 1036 as passed basically says the SD DOT can continue to arbitrarily enforce South Dakota law based upon what the DOT thinks the federal government MIGHT want.

HB 1050An Act to revise certain enforcement actions by the insurance director.

This one seems good. It cleans up the current language in some code and actually seems to clarify some due process.

HB 1058An Act to revise certain provisions concerning the application of railroad tax credits.

This bill does what it says. It seems to remove certain mainline rail line from the credit if they have a certain amount of revenue. I guess my question would be this: why don’t we get rid of the credits for all of the private rail lines. Just treat all rail companies equal under the law.

HB 1077An Act to enact the Uniform Real Property Transfer on Death Act.

This is one I haven’t researched beyond reading it. But a lawyer buddy of mine says this is good.. so for once a I’ll take a lawyer for his word and accept that it is good.

HB 1081 – An Act to revise the computation of the promotional fee on wheat.

Wow, a tax raise on our food source. Really? And because this goes from a fixed rate of 1.5 cents per bushel to four-tenths of one percent of the value of the net market price per bushel, this means the tax could continue to rise as wheat prices go up. It is a way to potentially grab more tax revenue on food without people even realizing it.

HB 1104An Act to allow local governing bodies to require the payment for certain goods and services by electronic transaction.

I don’t like this one. Here is what I had to say on it before: “If I am reading this correctly, this section says a government official or employee can force someone to receive payments electronically if that is ‘policy’. Many small business owners do not accept credit cards for various reasons (such as high merchant fees). I really can’t see why the legislature feels it necessary that government officials can mandate what types of payment people will be forced to accept.”

HB 1110An Act to revise certain provisions regarding the definition of a resident for the purposes of hunting, fishing, and trapping licenses.

Just a simple addition for med students doing residencies to be added to the list. Nothing earth shattering.

HB 1154An Act to authorize the commissioner of school and public lands to grant certain surface and subsurface easements to provide access to oil, gas, minerals, and geothermal resources.

This one appears to be in hopes the Bakkan oil boom will expand to SD. Nothing nefarious seeming here. Especially since the revenue from School and Public Lands is so important to funding education in our state.

HB 1163An Act to authorize farm mutual insurers to invest funds in certain stocks and market funds.

The law this one changes annoys me. Businesses shouldn’t need to get permission from bureaucrats to do what they think is best. But, this bill at least makes some good changes to the current bad law.

HB 1167An Act to allow schools to maintain a stock and to administer epinephrine auto-injectors in certain cases.

This is a good change I hope schools take advantage of. It not only allows schools to stock epi-pens, but it makes sure there are staff members trained in their use. Epi-pens can save lives, but are dangerous in the hands of those using them when unnecessary. This bill allows a good life-saving measure at school while taking caution with its implementation. Kudos to the sponsors on this one.

HB 1168An Act to provide for additional safety measures on amusement rides and to provide a penalty for failure to properly insure an amusement ride or device.

This one I didn’t like when I first read it because it seemed like over-regulation. Rep Kaiser has posted even more as to why this is bad on his Facebook page: “This bill would require an annual inspection and a daily inspection log. So this bill is new mandates. This bill will defend bad actors because if their equipment breaks, now they get to blame the inspector. This is more regulation that actually makes it more difficult for someone injured to collect. This bill passed 64-6”

  1. Merlyn Schutterle
    March 12, 2014 at 10:35 pm

    Maybe we should just do away with fines and require jail time, That way there wouldn’t be such an incentive to give out tickets, and it would have the same value for the poor as well as the rich. If you think a thousand dollar fine means as much to a rich person as a poor one, you need a reality check.

    And the idea that anyone should have to pay for their own incarceration is crazy. In spite of all my conflicts with Janklow, he should not have had to pay for his jail time. That isn’t equal justice.

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