Home > 2015 SD Legislative Session > 35 bills Governor Daugaard announced signed into law on March 10

35 bills Governor Daugaard announced signed into law on March 10

March 11, 2015
SD Senate Floor. Photo by Ken Santema 03/10/15.

SD Senate Floor. Photo by Ken Santema 03/10/15.

On Tuesday, March 10, Governor Daugaard announced thirty-five 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,herehereherehere, and here.

This group of bills is pretty boring. A notable bill in the list is SB 57, which enacted the gaming expansion for Deadwood passed by the voters of SD last fall.

HB 1029 – SoDakLiberty Posts – Revise certain requirements regarding high performance building design and construction standards for newly constructed or renovated state-owned buildings.

This bill was amended in House State affairs and passed that committee 12-1. It then passed the House floor 65-3. It met with no opposition in the Senate. This bill changes some definitions in relations to high-performance green building standard, which the state uses for construction.

HB 1043SoDakLiberty Posts – Repeal certain outdated and obsolete provisions regarding the Department of Education.

This bill was amended in House Ed. After that it passed House Ed and the House floor with no opposition. It passed Senate Ed 5-2. Finally, it passed the Senate floor without opposition. This bill appears to repeal outdated code. That is my favorite type of bill!

HB 1060 – SoDakLiberty PostsMake an appropriation to reimburse certain family physicians, dentists, physician assistants, and nurse practitioners who have complied with the requirements of the recruitment assistance program and to declare an emergency.

This bill passed through both chambers with no opposition. It appropriates $381,766. for individuals found to have met the requirements of the program.

HB 1081 – SoDakLiberty PostsRepeal certain provisions regarding county officials and the board of county commissioners.

This bill was amended in House Local Government, where it passed without opposition. It only had three no votes on the house floor. It then passed Senate Local Government 4-3 and the Senate floor 31-3. This bill allows counties to reimburse travel expenses at rates higher than the State sets. I understand this was an issue here in Brown County when gas prices kept going up. This bill also removes the requirement that county commissioners must visit county jails at least once a year.

HB 1089 – SoDakLiberty PostsBan the practice of female genital mutilation in the state, to provide a penalty therefor, and to declare an emergency.

This bill passed House Health 12-0 and the House floor 61-6. It then passed through the Senate without opposition. I agree with what this bill was trying to do. Personally I don’t think the bill was necessary because the acts described in this bill are already illegal to be performed on a minor. I felt this law was passed just to raise awareness of the issue. It is good awareness has been raised, but at the same time it puts another piece of code into law that will have to be cleaned up during a future red-tape cleanup.

HB 1090 – SoDakLiberty PostsProhibit a person from serving as a member of a consumers power district board of directors in certain cases.

This bill passed through both chambers with no opposition. There is some language cleanup in the bill. But the main change is this sentence being added: “No person is qualified to serve as a member if the person’s service on the board would be inconsistent with the person’s employment or financial interest.”

HB 1097 – SoDakLiberty PostsProvide for a reduced minimum fall enrollment for certain school districts.

This bill passed House Ed 15-0 and the House floor 68-1. It then flew through the Senate without opposition. It will allow the Big Stone City school avoid consolidation. It’s ties with a MN school district would allow it to stay open under this bill as long as the school keeps the ratio of students for the grades offer within guidelines of a K-12 school.

HB 1100 – SoDakLiberty PostsClarify how a vacancy on a school board is filled.

This bill passed through both chambers with no opposition. This bill changes the process to fill a school board vacancy by including the vacating school board member in the decision process.

HB 1101 – SoDakLiberty PostsEnsure local control over curriculum and methods of instruction.

This bill had no opposition in House Ed, but eight opposed it on the House floor. It made it through Senate ed with no opposition, and had only one oppose it on the Senate floor. This bill is a political trick in the battle over Common Core. It could have been done with a resolution. It does nothing.

HB 1102 – SoDakLiberty PostsRevise certain provisions regarding the regulation of licensing massage therapists.

This bill was amended in House Health and Human Services and then flew through the House without opposition. It then went through the Senate without opposition.This bill adds “pled guilty of a felony” to the list of items that can deny a temp license. It also adds language that allows a license for massage therapy even if certain disqualifying conditions have been met.

HB 1105 – SoDakLiberty PostsProvide for an affidavit creating a rebuttable presumption that a person is not an employee for purposes of workers’ compensation and to provide a penalty therefor.

This bill was amended in House Commerce and passed that committee 10-1. It was then amended on the House floor and passed there 65-4. The bill flew through the Senate without opposition.  I still don’t quite understand this bill.

HB 1106 – SoDakLiberty PostsEstablish the rights of municipal, county, or township officers in certain decision-making processes.

This bill made it through House Local Government without opposition, and had only one no vote on the House floor. There was no opposition to the bill in the Senate. Part of this Act would allow public hearings to be conducted informally. It also ensures that elected or appointed officers do not have to recuse them-self in a quasi-judicial proceeding unless there is clear and convincing evident that the officer cannot act in a non-biased way.

HB 1121 – SoDakLiberty PostsAuthorize township boards to establish speed zones on township roads.

This bill passed through both chambers with no opposition. Current law states no person can go faster than 55 on township roads. What is odd to me is that townships can’t set speed limits on the roads they are responsible for. When this bill is enacted as law this summer that will change.

HB 1125 – SoDakLiberty PostsRevise certain provisions regarding the notice for meeting of public bodies.

This bill passed through both chambers with no opposition. This bill provides some clarity as to what is required for public notice of public bodies. Currently the law in question says the public notice with agenda must be posted “for at least an entire twenty-four hours before any meeting.” This bill would amend to language to say the public notice with agenda must be posted “for at least an entire, continuous twenty-four hours immediately preceding any meeting,”. The new language is much more concise and hard to misinterpret. It sounds like a good change to me.

HB 1135 – SoDakLiberty PostsExpand certain bonding provisions regarding local government officials and employees.

This bill passed through both chambers with no opposition. This bill would allow the governing board of any political subdivision of this state to purchase “a blanket bond, blanket crime coverage, an insurance policy, or an individual bond” to cover everyone within that group. Technically that may be much cheaper than individual bonds. It also states the blanket must meet the required minimums to be used in place of the bonds required already.

HB 1137 – SoDakLiberty PostsExclude the passing time between classes in the number of hours required in the school term for secondary students.

This bill passed through both chambers with no opposition. It does exactly what the title says.

HB 1151 – SoDakLiberty PostsImprove public safety through confidential stress management services for emergency service providers.

 This bill was amended in House Health and Human Services and then flew through both chambers without opposition. This would appear to protect the confidentiality of what an emergency service responder says during a “Critical incident stress management” session. It does have exceptions included.

HB 1189 – SoDakLiberty PostsMake an appropriation to fund tax refunds for elderly persons and persons with a disability and to declare an emergency.

This bill passed through both chambers with no opposition. This appropriated $450,000 for the elderly and disabled persons tax refund program. That money is immediately available since this bill was passed with the emergency clause.

HB 1229 – SoDakLiberty PostsRevise provisions related to the release of medical waste.

This bill passed House Health and Human Services 12-0. It then went on to pass the House floor 61-7. The bill met no resistance on the Senate side. This bill removes the exemption for “household waste including medical waste generated at a private residence”. After hearing testimony I’m not sure this bill was needed. It really comes down to a need to educate the residential recycling customers about how needles thrown away can impact the employees of the recycling company. That should be the job of the of the company actually picking up the recycling and making the money off it. I don’t think this bill being enacted into law will solve the problem.

SB 5 – SoDakLiberty PostsRevise certain provisions concerning the assessment and taxation of real property.

This bill passed through both chambers with no opposition. This comes out of the Agricultural Land Assessment Implementation and Oversight Advisory Task Force. This bill would remove Nonagricultural acreage property from property taxes classification. In the notes for the task force this proposed bill is called “cleanup”.

SB 8SoDakLiberty Posts – Exempt certain transactions entered into by the State Investment Council and Division of Investment from certain procurement requirements.

This was heavily amended in Senate State Affairs. It passed Senate State Affairs and the Senate floor with no opposition. It then passed House State Affairs 12-0 and the House floor 65-1. I don’t seem to recall any thoughts of red flags when listening to testimony on the bill.

SB 9SoDakLiberty Posts –  Revise certain provisions regarding the transfer of funds administered by the state investment officer.

This bill passed the Senate without opposition. It then passed House State Affairs 13-0 and the House floor 65-1. This has some cleanups, including a reference to the South Dakota Cement Plant retirement fund. But most notable is changes relating to money being transferred into the investment council expense account,

SB 10SoDakLiberty Posts – Revise certain provisions concerning the classes of investments used for state funds.

This bill passed the Senate without opposition. It then passed House State Affairs 13-0 and the House floor 65-1. This bill has a slight language fix and also remove a reference to the South Dakota Cement Plant retirement fund.

SB 29 – SoDakLiberty Posts – Establish provisions for auxiliary members to serve on the Board of Pardons and Paroles.

This bill passed the Senate without opposition. It then passed House Judiciary 11-0 and the House floor 65-1. No real thoughts on this one.

SB 38 – SoDakLiberty PostsRevise certain provisions concerning the state communications system and the South Dakota law enforcement telecommunications system.

This bill passed the Senate without opposition. It then passed House Judiciary 11-0 and the House floor 65-1. This is a bill I can’t quite remember the testimony one, but I don’t seem to recall any red flags.

SB 56 – SoDakLiberty PostsProvide direction regarding the calculation of adjusted gross proceeds for the purpose of calculating the gaming tax.

This bill passed through both chambers with no opposition.  This bill provides clarity for how to treat free play in the gaming tax.

SB 57 – SoDakLiberty PostsAuthorize and regulate the playing of craps, roulette, and keno within the city limits of the city of Deadwood.

This bill passed Senate State Affairs 7-1, the Senate floor 27-7, House State Affairs 10-3, and finally the House floor 46-22. This is the legislature actually implementing Amendment Q, which was passed by the voters last fall. It is worth noting that casinos in Deadwood still have a limitation for number of machines. So if they add a craps, roulette, or keno station they must take something away. In listening to the hearing it appeared the opposition came because of opposition to gambling altogether. But this is a good bill, it will allow Deadwood to be competitive in their industry nationwide.

SB 75 – SoDakLiberty PostsRevise the effective period of the travel permit for certain livestock used for rodeo purposes and to declare an emergency.

This bill was amended to add an emergency clause in Senate Ag, it passed 9-0. It then went on to pass the Senate floor 33-0. Finally, it went though House Ag 12-0 and the House floor 67-1. This bill changes the permit from being good for a calendar year to being good for twelve months from the date of endorsement.

SB 76 – SoDakLiberty Posts Extend the length of time a local livestock ownership inspection certificate is valid for transportation.

This bill passed the Senate Agriculture and Natural Resources committee 7-2 and went on pass the Senate floor 27-6. In House Ag it passed 11-1 and on the House floor it passed 46-21. This changes the branding certificate from being good for the day it is issued to being good for twenty-four hours after the inspection. I know some current ranchers do not like this bill because they believe it would theoretically make theft of cattle harder to prevent. In fact many of the west-river ranchers I’ve spoken with about the bill say cattle theft will increase due to this change in law.

SB 78 – SoDakLiberty PostsAuthorize counties or medical providers to recover inmate healthcare costs from insurers.

This bill was amended in Senate Local Government and passed through both chambers with no opposition. If I read this correctly, it allows county jails to have inmates use their own insurance if they have medical treatment while incarcerated. I would have thought it was already that way. This could potentially be a way for county jails to reduce their expenses.

SB 80 – SoDakLiberty PostsIncrease the selling price of a towed vehicle that exempts the seller of the vehicle from certain vehicle dealer licensing requirements.

This bill flew through the Senate with no opposition. It then passed through House Commerce 13-0 and the House floor 65-1.This bill changes the threshold from $200 to $1000.

SB 87 – SoDakLiberty PostsRevise the circumstances creating a vacancy in municipal office.

This bill passed through both chambers with no opposition. This appears to be a language cleanup bill.

SB 88 – SoDakLiberty Posts –Authorize emergency appointments to the municipal election board.

This bill passed through both chambers with no opposition. This seems to do exactly what the title states.

SB 90 – SoDakLiberty Posts – Require school districts to provide veterans a preference in employment.

This bill passed Senate Ed and the Senate floor with no opposition. It then passed House Ed 14-0 and the House floor 65-1. I still don’t understand why this bill was passed. With the current teacher shortage is there really a problem with veterans not getting a job interview for being a teacher?

SB 93 – SoDakLiberty Posts – Impose a gross receipts tax on the rental of certain motorcycles in lieu of the excise tax on motor vehicles.

This bill passed Senate Tax and the Senate floor with no opposition. It passed House Tax 13-1 and the House floor 64-3. If I recall the testimony correctly, this bill will allow rental places to treat motorcycles like they do other vehicles.

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