Home > 2015 SD Legislative Session > The 24 bills Governor Daugaard announced signed into law on Feb 24

The 24 bills Governor Daugaard announced signed into law on Feb 24

March 1, 2015
Art within the SD State Capital building. Photo by Ken Santema 02/11/15.

Art within the SD State Capital building. Photo by Ken Santema 02/11/15.

On Tuesday, Feb 24, Governor Daugaard announced twenty-four more bills signed into law.

Posts on the previous bills signed into law during the SD 2015 SD legislative session can be found here, here, here, and here.

HB 1006SoDakLiberty Posts – Allow bullheads to be used as bait.

This bill made it through both chambers without a no vote. This is a good bill that changes law to reflect what actually happens. I remember fishing using bullhead as bait with my grandpa as a kid. Also I caught some of the biggest fish I’ve ever seen using bullhead as bait in the Mississippi river in Minnesota. How bullhead became to be treated as a game fish in SD is just mind-boggling. This will a good bill to be signed into law!

HB 1033 – SoDakLiberty Posts – Repeal the South Dakota Energy Infrastructure Authority.

This bill made it through both chambers without a no vote. I don’t see a problem with repealing the South Dakota Energy Infrastructure Authority. Looking at the website it appears no activity has happened there for years.

HB 1034 – SoDakLiberty Posts – Repeal certain outdated and unnecessary statutes related to the Wind Energy Competitive Advisory Task Force.

This bill made it through both chambers without a no vote. This task force seems to have expired a couple of years ago. Just seems to be cleaning up code.

HB 1035 – SoDakLiberty Posts – Revise certain provisions regarding military specialty plates.

This bill made it through both chambers without a no vote. This law revises military license code to include warrant officers. That was likely an oversight that has been fixed now.

HB 1037 – SoDakLiberty Posts – Revise certain provisions related to the regulation of public utilities.

There were thirteen opposing this bill on the House floor. Part of this bill appears to be cleanup. But part of the bill also updates the language of people who can appear before the PUC. There was fear from some Representatives that the change may make it harder to give public input before the PUC. Hopefully that does not become the case.

HB 1038 – SoDakLiberty Posts – Revise certain provisions related to the siting of energy facilities.

This bill made it through both chambers without a no vote. This bill seems to be removing the language distinguishing transmission substations of two hundred fifty kilovolts or more. The new language doesn’t differentiate between transmission substations.

HB 1039 – SoDakLiberty Posts – Revise certain provisions related to the regulation of grain buyers and grain warehouses.

This bill made it through both chambers without a no vote. Most interesting is the change from a “wholly owned subsidiary” to “subsidiary”. Also interesting to me was finding out the PUC handles grain warehousing.

HB 1040 – SoDakLiberty Posts – Revise the statute of frauds within the uniform commercial code with respect to the sale of pulse crops..

This bill made it through both chambers without a no vote. This adds “pulse crops” to the list. I happen to have a farmer in my office when this bill first came to committee, and he informed me a “pulse crop” would be grain legumes such as dry beans and dry peas.

HB 1044SoDakLiberty Posts – Revise certain provisions regarding educational personnel certification and discipline.

There were twelve no votes to this bill on the House floor. This bill has 28 sections that modifies codified law in regards to Certification and Evaluation of Teachers, Principals, and Superintendents (§ 13-42) and Employment of Teachers (§ 13-43). Originally I thought this was a bill that could be killed and perhaps start over by streamlining the teacher certification process in SD. Those opposed to the bill appeared to be worried about completely handing over the rule-making authority to bureaucrats. This is a bill I wonder if the legislature will regret passing in a couple of years.

HB 1052 – SoDakLiberty PostsRevise certain provisions regarding the regulation of insurance holding companies.

This bill was heavily amended in the House Commerce and Energy committee and then passed through both chambers with no opposition. There are some cleanups in the bill. But it also seems to make substantial changes to pieces of code. Unfortunately insurance code is so far out of my element that I really don’t understand what this bill truly changed.

HB 1056 – SoDakLiberty PostsRevise certain provisions regarding the Department of Agriculture.

This bill had two no votes on the House floor. It was then amended in Senate Ag and passed through the Senate without a no vote. It appears to mostly be language cleanup and clarification.

HB 1068 – SoDakLiberty PostsRevise when a court can grant a cross credit on child support.

This bill was slightly amended in House Judiciary. It had one no vote on the House floor. Other than rewording, the main change appears to be adding language for following a trial.

HB 1069 – SoDakLiberty Posts – Limit the authority of delegates to a limited Article V convention to vote for unauthorized amendments contrary to legislative instructions and to provide a civil fine for the violation thereof.

This is one of the hot bills this year. This bill had an amendment in House State Affairs to fix a reference to the HJR. This bill passed House State Affairs 9-3 and the House floor 38-31. Senate State Affairs passed it 8-0. Finally, the Senate floor passed the bill 21-11. I was outright opposed to this bill and its sister bill HJR 1001. My House State Affairs committee post for Jan 26 explains why. But basically I do not believe delegates can have their authority limited in an Article V convention. In addition the civil fine listed in this bill likely cannot be enforced because the Convention would not likely take place in SD anyhow. And even if the delegate could be fined, I would think someone thinking they are doing the right thing would not vote badly just because of a penalty of a fine.

HB 1084 – SoDakLiberty PostsExpand collateral eligible to be pledged as security for public deposits.

This bill was slightly amended in House Commerce and Energy and then made it through both chambers without a no vote. Another one out of my area of comfort. But nothing raised a red flag in the bill.

HB 1088 – SoDakLiberty PostsPermit procurement of certain disability insurance from a non-admitted insurer.

This bill made it through both chambers without a no vote. This is another insurance bill I don’t really understand. But nothing in in the committee testimony raised any red flags.

HB 1091 – SoDakLiberty PostsRequire that the minutes of meetings of any state board or commission include a record of how each individual member voted on certain motions.

This bill made it through both chambers without a no vote. This was a great open government bill! It does exactly what the title of the bill says. More transparency in government at all levels is a good thing!

HB 1098 – SoDakLiberty PostsAuthorize extended terms of lease for airport facilities.

This bill made it through both chambers without a no vote. This changes the limit on leases from 25 years to fifty years. I still find it mind-boggling that such restrictions have to be written into state law.

HB 1111 – SoDakLiberty PostsIncrease the costs and expenses considered reasonable for the collection of certain dishonored checks.

This bill passed House Commerce 10-1 and the House floor 66-3. It went through the Senate without a no vote. This bill allows the charge for a bad check made to the State of SD to go up from $30 to $40. This change reflects other changes already made to other areas in previous sessions.

HB 1132 – SoDakLiberty PostsRevise certain provisions regarding the titling of motor vehicles, boats, mobile homes, and manufactured homes and the issuance of temporary permits by licensed dealers.

This bill made it through both chambers without a no vote. This bill changes the timelines needed to deliver the title. The basic change is from thirty-five days to forty-five days for the title to be delivered. It also pushes back time-frames for actions after that back ten days. This change could make it easier for certain small businesses in the industry.

SB 16 – SoDakLiberty PostsRevise certain provisions safeguarding law enforcement radio communications.

This bill had two nay votes on the House floor. This is an odd bill because it revises a bit of code that is becoming obsolete. Analog radios are almost done being used in the law enforcement world. Scanners are almost obsolete. In addition I don’t see the point of giving more charges to throw at someone accused of a crime.

SB 18 – SoDakLiberty PostsEstablish certain administrative provisions regarding charitable raffles, lotteries, and bingo and to make violations of these provisions subject to the Deceptive Trade Practice and Consumer Protection Act.

This bill made it through both chambers without a no vote. It was slightly amended in House Judiciary. I think this is a good consumer protection law. Here is my original summary of the bill:

This bill is one of a few coming directly as a result of the crazy 2014 election (for anyone curious, just Google search ‘Bosworth raffle scam’). SB 18 is at the request of the SD AG’s office. This bill adds a new section to code which includes:

  • Lotteries cannot continue for more than 18 months after the first ticket is sold.
  • If the drawing cannot be held at the 18 month mark, then all ticket holders should be notified that they can get a full refund.
  • If the purchasers do not notify that they want the refund within 180 days, then the money will be placed in the Unclaimed Property fund.

This is one of the few times I actually agree with money going to unclaimed property. At least the money can sit there, instead of in the pockets of anyone wishing to scam people via fraudulent raffles.

This bill also has a couple of minor language cleanups. I don’t see any reason the AG, Jackley, won’t get this one passed by the legislature.

SB 40 – SoDakLiberty PostsRevise certain provisions regarding the federal motor carrier regulations.

This bill had two nay votes on the House floor. This bill basically mirrors what the federal government wants. Some of the changes appear to be good, I just wish it wasn’t being done for the wrong reason.

SB 77 – SoDakLiberty PostsAllow nursing mothers to breastfeed in certain locations.

This bill passed Senate Health 5-0, that was after failing to pass and then being amended. It then passed the Senate floor and House Health and Human Services without opposition. On the House floor it passed 61-8. This is an odd bill for me. It is one I supported, but at the same time felt it was unnecessary. Rep Elizabeth May (R, Dist 27) and Rep Mary Duvall (R, Dist 24) were two of those to speak against the bill on the House floor. After hearing their thoughts I think my support of the bill may have misguided. I still believe breastfeeding is important and that mothers should not be restricted, especially by the government. However this bill does cross a line with private property rights. It also tries to solve a problem in wrong manner. But having said that, I don’t feel the bill will cause any harm. It maybe should have been vetted out further though…

SB 85 – SoDakLiberty PostsRepeal certain requirements regarding the handlebar height on motorcycles.

This bill made it through both chambers without a no vote. This is a great bill. It gets rid of a law that isn’t based on any true public safety grounds.

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