Home > 2015 SD Legislative Session > 33 bills Governor Daugaard announced signed into law on March 11

33 bills Governor Daugaard announced signed into law on March 11

March 12, 2015
SD House Floor. Photo by Ken Santema 03/10/15.

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

On Wednesday, March 11, Governor Daugaard announced thirty-three more bills signed into law.

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

Notable in this group is the signing of SB 45 into law. That means the raw milk industry can move forward in South Dakota!

SB 24 – SoDakLiberty PostsAuthorize the Board of Regents to demolish buildings on the campus of South Dakota State University and to make an appropriation therefor.

This bill passed through the Senate and through House Appropriations with no opposition. It passed the House floor 64-3. This will allow the board of regents to demolish a bunch of single-family residence facilities at SDSU so the facilities can be replaced with “lower maintenance and more efficient housing better suited to the long-term needs of the university.” $250,000 is appropriated for this demolition bill.

SB 30 – SoDakLiberty Posts – Revise the review process for rate and policy form filing denials for insurers.

 This bill was slightly amended in Senate Commerce and then proceeded through the Senate and House with no opposition. This bill adds a new section to SD Codified Law dealing with Form and Contents of Insurance Policies (§ 58-11). This bill allows insurers to request a hearing in order to appeal a disapproval of a rate or policy form. I don’t see any reason to oppose this bill. It seems to be allowing a proper legal method to appeal a situation that could potentially harm an insurer.

SB 37 – SoDakLiberty PostsAdopt the 2008 Uniform Interstate Family Support Act, to repeal the 1996 Uniform Interstate Family Support Act, and to revise certain provisions relating thereto.

 This bill passed through the Senate without opposition. It passed House Judiciary 9-2 and the House floor 65-2. Here are my previous notes on the bill:

The Uniform Interstate Family Support Act (UIFSA) is meant, at least in part, to deal with child support orders when multiple states are involved. Honestly, it doesn’t matter if anyone reads the bill or what is in it. It will pass and our state will have to follow the rules in the act. Too bad, I believe every piece of legislation deserves to truly be scrutinized. Below is a passage from the Uniform Law Commission, I have highlighted the sentence explaining why the SD Legislature will pass this bill no matter what is in it:

The 2008 UIFSA Amendments modify the current version of UIFSA’s international provisions to comport with the obligations of the United States under the 2007 Hague Convention on Maintenance. 2014 federal legislation requires all states to enact the 2008 UIFSA Amendments as a condition of continuing to receive federal funds for state child support programs. Failure to enact these amendments during the 2015 legislative session may result in a state’s loss of important federal funding.

SB 41 – SoDakLiberty PostsRevise certain provisions pertaining to commercial driver licensing.

 This bill passed Senate Transportation 6-0, the Senate floor 30-4, House Transportation 9-1, and the House floor 62-5. This is a bill I don’t like. It is one of those the legislature has to pass because the federal government says it has to be passed or the state can’t get all of its highway funding. Personally I wish SD could find a way to self finance all transportation and forget about complying with mandates such as this.

SB 45 – SoDakLiberty PostsRevise certain provisions relating to the sale of unpasteurized raw milk.

 This bill was amended in the Senate Agriculture and Natural Resources committee and passed with a vote of 7-2. It passed the Senate floor 30-4. Then in House Ag is passed with no opposition and the House floor 65-2. I was quite apprehensive about this bill before the Senate Ag hearing. Since that time I have listened to the committee hearing and studied the bill. There are some portions of the bill I think are maybe a little strict, but overall I think this is a great step forward compared to where the Dept of Ag was at two years ago. The raw milk (and now raw cream) producers in SD can now move forward.

SB 47 – SoDakLiberty PostsMake an appropriation from the coordinated natural resources conservation fund to the State Conservation Commission and to declare an emergency.

 This passed through the Senate and House Appropriations with no opposition. It passed the House floor 58-9. At first I had no problem with the bill. But after finding out these funds were meant to be used for road funding I believe this was a bad bill to pass. This bill gives $500,000 to the State Conservation Commission.

SB 49 – SoDakLiberty PostsAuthorize the Department of Game, Fish and Parks to sell a portion of railway right-of-way to the City of Deadwood.

 This bill passed through the Senate and House State Affairs with no opposition. It passed the House floor 65-2 This bill would allow the GFP to sell real property in Deadwood.

SB 63 – SoDakLiberty PostsAdopt the Interstate Medical Licensure Compact.

 This bill passed Senate Health and Human Services 6-0. It was amended on the Senate floor with following section added:

No state general funds shall be used to support the Interstate Medical Licensure Compact enacted by this bill.

The bill then passed the Senate floor 24-10. It then passed House Health and Human Services 13-0 and the House floor 63-4. The Association of American Physicians and Surgeons (AAPS) came out against this bill because it would potentially place bureaucratic burdens on physicians within South Dakota. Sadly this bill being passed into law may place a barrier in front of doctors trying to focus patients issues.

SB 81 – SoDakLiberty PostsRequire persons convicted of driving a vehicle while under influence of alcohol, drugs, or intoxicants to pay certain costs to the county.

This bill passed Senate Local Government 5-0 and the Senate floor 30-3. House Local Government passed the bill 12-0 and the House floor passed it 54-13. Here is what I previously said about the bill: “This would add an additional fifty dollar penalty for driving under the influence cases. This money would go to the clerk of courts and given to the county treasurer for use in the counties general fund. Finally, if the fifty dollar fee isn’t paid, it is “punishable by contempt proceedings”. Is this a new way for counties to raise revenues?” The legislature is sure finding interesting ways to increase taxes and fees this year…

SB 94 – SoDakLiberty Posts – Establish a license fee for electric-powered motorcycles.

This bill passed Senate Transportation, the Senate Floor, and House Transportation with no opposition. It passed the House floor 63-4. I still just like the idea of a electric-powered motorcycle. Just think how much could be saved on gas…

SB 113 – SoDakLiberty Posts – Revise certain provisions regarding the fiscal impact statements prepared for legislation that impacts state prison or county jail populations.

This bill passed Senate State Affairs 7-0 and Senate floor 31-2. It went through the House without opposition. This is mostly clarification. I do find the addition of amendments to fiscal impact statement requirements to possibly hold up changes to legislation going through committees. Some amendments are actually created during the committee meeting.

SB 118 – SoDakLiberty Posts – Provide additional transparency for prescription drug plans.

This bill was substantially amended in Senate Commerce and passed that committee 7-0. It then went on to pass the Senate floor without opposition. Finally the bill passed House Health 12-1 and the House floor 62-5. This appeared to be a good bill at first. But the title of the bill is misleading. It is an Obamacare fix bill, and may actually create less transparency in prescription drug plans.

SB 128 – SoDakLiberty Posts – Revise certain provisions concerning the general requirements that vehicle owners must satisfy before applying for military plates.

This bill was amended in Senate Transportation and passed through both chambers with no opposition. Current law says the person has to have a valid SD Drivers license. This bill would add the South Dakota nondriver identification card so veterans can get their military plate.

HB 1013 – SoDakLiberty Posts – Revise certain provisions related to social work licensure.

This bill passed 12-1 in the House Health, 40-27 on the House Floor, 4-1 in Senate Health, and 29-5 on the Senate floor. This bill should have been defeated. It uses the force of state government to impose the wishes of a protectionist special interest group. It also prevents potentially good social workers from actually performing the job because they don’t meet specific education requirements.

HB 1027 – SoDakLiberty Posts – Revise certain provisions regarding the regulation of certain money lending activities.

This bill was amended in the House Commerce committee and then passed 12-0. It was amended again slightly on the House floor and passed 63-5. It was then further amended in Senate Commerce and Energy and passed that committee 5-1.Finally it passed the Senate floor 34-0. This bill really has too much going on. I think it maybe should have been multiple bills.

HB 1030 – SoDakLiberty Posts – Provide certain restrictions regarding the passing of a bicycle..

This bill passed House Transportation 11-0, the House floor 53-16, Senate Transportation 7-0, and the Senate floor 27-7. This bill had quite a bit of attention in House Transportation. This bill was amended in that committee and now the bill says that if a car is on a road that is 35 mph or less, then the car has to give at least three feet of space when passing a bike. If the posted speed is greater than 35 mph, then the car must give at least six feet of space when passing a bike. Originally I found this bill to be unnecessary. I did change my mind about the bill. I don’t feel current lane law would protect a bicycle on the highway where the bike is on the right side of the lane line.

HB 1031 – SoDakLiberty Posts – Repeal certain provisions regarding former state-owned rail lines.

This bill passed both chambers with no opposition. A cleanup bill. My favorite kind!

HB 1042 – SoDakLiberty PostsAuthorize the Department of Public Safety to construct offices in Butte County and Roberts County, to make an appropriation therefor, and to declare an emergency.

This bill passed House Appropriations 8-0, the House floor 64-3, Senate Appropriations 9-0, and the Senate floor 34-0. This bill appropriates $196,850 for new facilities in Butte County and Roberts County.

HB 1048 – SoDakLiberty PostsRevise certain provisions regarding state hosting and employee reimbursement policies.

This bill passed House Appropriations 9-0, the House floor 57-10, Senate Appropriations 8-1, and the Senate floor 33-1. This would bring the state reimbursement policies for certain meals in line with what is practiced in most corporations.

HB 1058SoDakLiberty Posts –  Revise certain provisions regarding contagious disease control quarantine measures and to declare an emergency.

The bill passed the House Health committee 8-5.

It was then amended on the House floor to make it more specific to “middle east respiratory syndrome (MERS), severe acute respiratory syndrome (SARS), smallpox, or viral hemorrhagic fevers”. The emergency clause was also removed at that time. Removing the emergency clause was expected. Without the emergency clause the bill would only need a simple majority to pass the House floor.

After being amended the bill passed the House floor by a vote of 41-27.

It passed Senate Health 5-1 and the Senate floor 29-5.

There are a lot of concerns that this bill gives too much power to DOH. I understand those concerns, but I think DOH already has overly broad powers.

HB 1064 – SoDakLiberty PostsProhibit unlawful self-dealing by state officers and employees.

This bill was hoghoused in the House Judiciary committee and passed that committee 12-0. It then passed the House floor 67-1, Senate State Affairs 9-0, and the Senate floor 34-0. This bill should hopefully prevent another Bollen/Benda situation. It creates greater specificity in law prohibiting a state official from creating deals that would benefit them-self. The bill also continues these prohibitions for one year after the person is no longer a state official.

HB 1072 – SoDakLiberty PostsProvide that certain information regarding postsecondary technical institutes be given to parents and guardians of students in middle schools and high schools.

This bill was amended in House Ed and passed 11-3. It then went to pass the House floor 62-6. There was no opposition to the bill in the Senate. Currently certain contact info is given to the board of regents for students so they can get them info about going to SD Universities. This bill gives that same info to the Tech schools.

HB 1073 – SoDakLiberty PostsRequire a sex offender to report a change in vehicle status to law enforcement.

Originally this bill would have modified a current statute to make failing to report a change in vehicle status a Class 6 Felony.That version of the bill passed House Judiciary 10-3. It was then hoghoused on the House floor. The new version of the bill is basically the same, except it makes this a Class 1 misdemeanor. I think that was a good change dropping the charge down to a misdemeanor. The bill passed the House floor 68-1 after being amended. There was no opposition to the bill in the Senate.

HB 1079 – SoDakLiberty PostsRevise the deadline for the Department of Health’s annual report regarding abortions.

This bill had two no votes on the House side. The bill failed to pass in Senate Health and was tabled. Later it was untabled and amended to change the deadline from September 13th to now be due at November 15th. The bill then passed Senate Health 7-0 and the Senate floor 34-0. Personally I think this bill was done for the wrong reasons. Certain legislators wanted this report at a specific time so it could be used in abortion legislation each year.

HB 1124 – SoDakLiberty PostsAuthorize motor vehicles to exceed the posted speed limit under certain conditions.

This bill passed House Judiciary after being amended. It then passed the House floor 66-1, Senate Transportation 7-0, and the Senate floor 34-0. Originally the bill was written to allow a vehicle going down a two-lane highway that has a speed limit of 65 or greater to exceed the speed limit by 8 mph in order to pass a vehicle that is going under the speed limit. The amendment changed the 8 mph to 10 mph. I think this is a great change. It will legally allow cars to pass faster, and potentially reduce the chance of accidents that happen from passing on the highway.

Interesting side-story. Earlier this session I was pulled over for speeding while driving to Pierre. After I handed my driver’s license and insurance card to the officer I mumbled under my breath that I wish Tulson’s passing law become law already. After explaining to the officer what I meant by the mumble and giving him an update on this bill, he thanked me for letting him know the status of the bill and said to have a nice day.

HB 1130 – SoDakLiberty PostsProhibit an abortion provider from accepting payment for an abortion prior to the end of the required informed consent period.

This bill passed House Health 10-0. It passed the House floor 63-4. It was amended in Senate Health to remove the prohibition for a commitment of payment. It then passed Senate Health 6-0 and the Senate floor 29-5. As session has gone on I believe this bill was shown to be unnecessary.

HB 1139 – SoDakLiberty PostsRevise certain procedures for competitive sealed bids by public purchasing agencies.

This bill was hoghoused in House Commerce and Energy. The hoghoused version seems to be a much cleaner way to do the change and ensure it is understood this is for projects relating to the FAA. The hoghoused bill flew through both chambers without opposition.

HB 1144 – SoDakLiberty PostsRepeal and revise certain unnecessary and outdated provisions related to state affairs and government.

This bill passed through both chambers without opposition. It is a cleanup bill that removes old code.

HB 1146 – SoDakLiberty PostsLimit who may request to see a person’s hunting or fishing license.

This bill passed House Ag 12-0 after being amended and the House floor 69-0. It was amended in Senate Ag. The main change in the amendment was to add language for other recreational activities.  After being amended the bill made it through the Senate without opposition. I thought this was a good change and a good law.

HB 1148 – SoDakLiberty PostsRequire that the annual report of a school district contain certain information regarding school district fund balances.

This bill had no opposition in the House. It was amended in Senate Ed from “month-end balances” to “month-end cash balances”. After being amended the bill flew through the Senate without opposition. Current the annual report has a one-time snapshot of account balances. This would require the annual report have monthly balances. That should give better data to work with than a one-time snapshot.

HB 1165 – SoDakLiberty PostsRevise the composition requirement of the Historic Preservation Commission.

This bill passed through both chambers without opposition. This bill changes any residency requirements to be set by the governing body itself, instead of in codified law. I don’t see a problem with that change.

HB 1177 – SoDakLiberty PostsRemove certain exceptions to campaign finance report filings.

This bill passed House State Affairs 12-0 after being amended. The amendment prevented a new section of code from being created, and instead the bill now changes current code. The bill will require a candidate who was in a primary election, but not a general election, to have their campaign finance disclosure statement or termination report to the SOS by the 2nd Friday of August. It also changes the year-end financial disclosure from being due on Feb 1 to being due the first Monday in February. The amended bill passed the House floor 69-0, Senate State Affairs 9-0, and the Senate floor 30-4. I think it is a good bill that will allow better transparency in campaign finance..

HB 1236 – SoDakLiberty PostsRevise certain provisions regarding commissions received by insurance producers.

This bill was amended in House Commerce and passed through that committee and the House floor with no opposition. It was then amended again in Senate Commerce and Energy and passed that committee 7-0 and the Senate floor 34-0. I really don’t understand the bill too well. If I remember testimony correctly, this provision would allow insurance agents to share commission for a policy type they don’t normally handle and pass on to someone who does handle that type of insurance.

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