Home > 2015 SD Legislative Session > 34 bills Governor Daugaard announced signed into law on March 13

34 bills Governor Daugaard announced signed into law on March 13

March 14, 2015
SD House Floor. Photo by Ken Santema 03/10/15.

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

On Friday, March 13, Governor Daugaard announced thirty-four more bills signed into law.

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

This group has some of the appropriation bills coming through. In particular is the legislation putting aside millions to self-insure state assets. These assets have gone 125 year with no insurance. It is very debatable if this needed to be done at a time when infrastructure and education are short of funding.

HB 1015 – SoDakLiberty Posts – Repeal certain provisions regarding the South Dakota Risk Pool.

The bill was amended in the House Health and Human Services committee and flew through the House with no opposition. It passed Senate Appropriations 9-0. The Senate passed the bill 30-3. Honestly I don’t understand enough about the SD Risk Pool to comment on this one.

HB 1041 – SoDakLiberty Posts – Increase certain driver and commercial driver licensing application fees and to dedicate certain revenue for the purpose of operating the driver license program.

This bill passed the House Appropriations 8-0 and the House floor 57-12. Senate Appropriations passed the bill 8-0 and it passed the Senate floor 25-8. The application fee would go from $20 to $28, and the fee for a duplicate license goes from $10 to $15. A CDL application goes from $25 to $35. Really? And here everyone seemed to think all the transportation fee and tax increases would only be included in the massive transportation bill.

HB 1046 – SoDakLiberty PostsRevise certain provisions regarding zero based budgets, budgeting procedures, and the coordination of federally aided programs.

This bill was amended and passed House Appropriations 9-0. It then passed the House floor 67-2. Finally it passed through the Senate without opposition. This is a bill I just don’t understand…

HB 1047 – SoDakLiberty PostsRevise certain reversion provisions relating to the General Appropriations Act for fiscal year 2013.

This bill passed House Appropriations 8-0 where it was amended to fix the title. It passed the House floor 65-3 and passed through the Senate without opposition. This bill would carry over funding used for the South Dakota Public Safety Improvement Act, which was passed into law in 2013 (SB 70). This bill doesn’t allow more funding, it just carries the originally approved funding another year.

HB 1049 – SoDakLiberty PostsRepeal certain provisions regarding reversions of appropriations for a repealed tax refund program.

This bill passed through both chambers without opposition. This is a cleanup bill.

HB 1059SoDakLiberty PostsAllow authorized entities to access immunization information in certain circumstances.

Originally this bill changed a may to shall in regards to sharing of immunization records between certain entities. It was amended on the House floor with the following addition:

The provider shall verbally notify the patient, or if the patient is a minor, the patient’s parent or guardian of the patient’s ability to refuse to permit immunization information to be shared.

That amendment was able to get this bill passed on the House floor 45-24. But from what I hear this amendment has not pacified those angry about this bill. All this amendment did was say the provider must give verbal notification. The bill made it through Senate Health 4-2. It was then amended on the Senate floor to change the verbal notification to a written notification. The bill as amended passed the Senate floor 30-3. The House concurred in the Senate amendment 57-11

This bill met with a lot of resistance from conservatives. Personally I don’t think this bill was as bad as it was made out to be. There were much bigger topics/bills that should have gotten the attention this bill did.

HB 1185 – SoDakLiberty PostsMake an appropriation for property and casualty loss coverage, to establish the property and casualty captive insurance company fund for state properties, and to declare an emergency.

This bill passed House Appropriations 8-0 after being amended (casualty was misspelled as casually in part of the bill). It then passed the House floor 50-20. This bill passed Senate Appropriations 6-3 and the Senate floor 28-7.

This bill appropriates $4,000,000 to “the Bureau of Administration for the purpose of making a grant to a captive insurance company controlled entirely by the state to fund property and casualty loss coverage.” Daugaard has mentioned this before. It makes sense for an entity as big as the state to take such an approach to insure property owned by the state…. But…… Is this really a priority right now? The state has gone 125 years without a captive insurance company. That four million could be better spent on infrastructure or education.

HB 1186 – SoDakLiberty PostsRevise an appropriation made to the Science and Technology Authority.

The bill passed House Appropriations 9-0 and the House floor 53-17. It passed through Senate Appropriations 6-3 and the Senate floor 28-7.

Here is the language being added to the act that provides the agreement with owners of the former Homestake Mine:

Up to two million five hundred thousand dollars of the indemnification fund may be used to provide initial capital and pay expenses for a captive insurance company upon the terms and conditions to be set forth in the agreement between the owners of the former Homestake Mine and the authority. If released in writing by the owners of the former Homestake Mine, up to seven million five hundred thousand dollars of the indemnification fund may be used by the authority for the purpose of a project, as defined in subdivision 1-16H-3(3), at the former Homestake Mine in Lead, South Dakota.

I had no problem with this bill at first. But after looking further I wonder if this is really where the state should be focusing money. There are a lot of actual state constitutional level priorities that could use funding.

HB 1187 – SoDakLiberty PostsMake an appropriation for liability coverage for the South Dakota Building Authority, South Dakota Health and Educational Facilities Authority, South Dakota Housing Development Authority, South Dakota Ellsworth Development Authority, and South Dakota Education Enhancement Funding Corporation, to establish the liability captive insurance company fund, and to declare an emergency.

This bill passed House Appropriations 8-0 after being amended. It then passed the House floor 59-11. It passed Senate Appropriations 6-3 and the Senate floor 28-7.

This appears to be a sister bill to HB 1185. It appropriates $2,000,000 to “the Bureau of Administration for the purpose of making a grant to a captive insurance company to provide liability coverage to the South Dakota Building Authority, South Dakota Health and Educational Facilities Authority, South Dakota Housing Development Authority, South Dakota Ellsworth Development Authority, and the South Dakota Educational Enhancement Funding Corporation.” Just like with 1185 I feel this is not a good choice of where to spend money right now. It sounds like a good idea, but a good idea doesn’t mean it is a good funding priority.

HB 1215 – SoDakLiberty PostsProvide for an optional enhanced permit to carry a concealed pistol.

This enhanced permit to carry a concealed pistol would be recognized by many other states for reciprocity. This bill was amended in House State Affairs. Part of the amendment provides that half of the hundred-dollar fee for this permit goes to the local sheriffs department and the other half goes to the Secretary of States office. It was also slightly amended on the House floor. There weren’t any No votes to this bill in the House. It then passed through the Senate without opposition. This bill doesn’t change the current requirements for a standard concealed carry permit. It just adds a new type of permit that meets greater requirements.

HB 1219 – SoDakLiberty PostsPermit entities to voluntarily disclose ownership on filings with the Office of the Secretary of State and to establish a fee therefor.

This bill passed House State Affairs 12-0 after being amended. The section of code being amended has to do with the The Model Registered Agents Act (MoRAA) (§ 59-11). This is a section of code that standardizes business entity reporting. This particular bill adds a $25 fee to submit the statement of voluntary disclosure of beneficial interests with the SOS office. The bill passed the House floor 67-2. It had a slight amendment in Senate Appropriations and passed 9-0. The Senate floor passed the bill 34-1 and the House concurred to Senate Appropriations changes 69-0.

HB 1231 – SoDakLiberty PostsAuthorize the forfeiture of any financial benefit or valuables gained from pimping.

This bill passed House Commerce and Energy 12-0. It was then amended on the House floor and passed 63-6. The House amendment removed forfeitures for prostitution, making this bill aimed directly at pimps. Senate Judiciary amended the title to remove prostitution from the bills title. Senate Judiciary passed the bill 6-1 and the Senate floor passed it 33-1. The House concurred to the changes made in the Senate 65-1.

Personally I believe forfeiture laws are misguided. There is too great of a danger when entities of the state are allowed to take property; especially when that property is taken before anything is proven in a court of law.

SB 13 – SoDakLiberty Posts – Require certain persons convicted for human trafficking to register as sex offenders.

This bill passed Senate Judiciary and the Senate floor with no opposition. It passed House Judiciary 8-4 and finally the House floor with no opposition. This bill adds two types of crimes to those that require registering as a sex offender. These two are first degree human trafficking if the victim is a minor and second degree human trafficking involving the prostitution of a minor. This bill I wonder about, because either of these convictions seem to possibly fit under current types of crimes that already require registering as a sex offender.

SB 33 – SoDakLiberty PostsExtend resident tuition eligibility to the spouses and children of active duty military personnel and of qualifying veterans.

This bill went through both chambers without opposition. Currently a veteran does not have to meet the twelve-month residency requirements to be considered a resident for tuition. This bill would add the same right to the veterans spouse or children.

SB 39 – SoDakLiberty PostsMake an appropriation for costs related to disasters in the state and to declare an emergency.

This bill passed the Senate Appropriations committee 9-0. It was amended on the Senate floor and passed 33-0. It originally appropriated $7,994,449 for disasters, the Senate appropriation amount changed it to $5,214,003.

The bill was then amended in House Appropriations to appropriate $6,829,400. This new appropriated amount passed through the House without opposition. The Senate unanimously concurred with the $6,829,400.

This is the money the legislature back-fills to replace funds used for disasters. There actually have been quite a few the last couple years.

SB 51 – SoDakLiberty PostsRepeal the contingency funds available for unanticipated costs related to medical services and to declare an emergency.

This bill passed the Senate and then House Appropriations without opposition. I passed on the House floor 66-2. This was in the governor’s budget address. ACA has made this contingency fund unnecessary. I do wonder if the slight opposition to the bill in the House has a point; the removal of these funds may make the state more reliant upon Obamacare.

SB 52 – SoDakLiberty PostsRevise certain provisions regarding investment income that is transferred to the general fund and to declare an emergency.

This was amended in Senate Appropriations and passed 6-3. It was then amended on the Senate floor and passed 30-4. This bill was amended in House Appropriations to remove all of its amendments. The bill then passed House Appropriations 6-2 and the House floor 48-20.  The Senate floor concurred with the House changes 24-9. If I remember the testimony on this bill correctly, all it really does is clarify confusions in the current law.

SB 64 – SoDakLiberty PostsRevise certain provisions regarding the registration of business names.

This bill was amended in Senate Local Government committee to remove the references to “for-profit” and “nonprofit” and just saying business (which would include both kinds already). The bill was also amended to remove the Class 2 misdemeanor for failing to file a fictitious name statement. The amended bill passed Senate Local Government 6-1. As amended this appears to be a good bill. It basically treats all businesses the same under this law. The bill passed on the Senate floor 32-1 and House State Affairs 13-0. It had a slight wording amendment on the House floor and passed 66-1. The Senate unanimously concurred with the change made in the House.

I like the bill. It ensures nonprofits have to follow the same fictitious name filing rules as other businesses. That is a great step forward for anyone wanting to research nonprofit groups.

SB 65 – SoDakLiberty Posts – Revise certain procedures regarding campaign finance disclosure statements.

This bill comes as a request of the SD State Board of Elections. Most of it seems to be changing the word “filed” to “submitted”. It was amended in Senate Local Government to add to the list of entities that don’t have to file a financial disclosure statement. The bill passed that committee and the Senate floor without opposition. It had a slight wording amendment in House State Affairs and flew through the House without opposition. The Senate unanimously concurred in the changes made in House State Affairs.

Personally I think both filed and submitted mean the same thing in this instance, but I believe this is meant to align with other legislation that wants paperwork into the SOS office on the day it is due; instead of in the mail as is allowed now.

SB 66 – SoDakLiberty Posts – Revise certain provisions regarding the county renaming process.

Since the voters successfully chose to rename Shannon County to Oglala Lakota County there have apparently been some questions about what the legislators are actually supposed to do. To clear this up the bill removes the legislators out of the equation completely and has the governor proclaim the new county name the July after the election to change the name. I personally don’t see a problem with this bill. It was amended in Senate Local Government to have the SOS proclaim the results, instead of the Governor. The amended bill passed that committee and the Senate floor without opposition.

The bill was amended in House State Affairs to ensure that any costs relating to the county renaming process is paid for by the county, and not by the state. The amended bill passed through House State Affairs and the House floor without opposition. The Senate concurred with the change 25-8. I think it was quite appropriate to ensure the county must pay for its own name change.

The bill this year to handle the County name change under the current system (HJR 1005) has passed both chambers.

SB 68 – SoDakLiberty Posts – Provide for a random sampling of nominating petition signatures for statewide offices.

This bill passed through both chambers without opposition. The 5% sampling this bill calls for may have headed off some of the troubles encountered during the 2014 election. I fully support what this bill will do for the integrity of the election process. Yet I will wait until next year to see how smoothly the SOS office can implement this change.

SB 70SoDakLiberty Posts – Require that the mandatory reporter who witnessed the disclosure or evidence of child abuse or neglect be available to answer questions when the initial report is made.

This bill was amended by the Senate State Affairs committee and passed that same committee 9-0 and the Senate floor 33-0. After some good proponent testimony it passed through House State Affairs 12-0 and the House floor 69-0. Current state law has various professions that must report suspected child abuse or neglect. This bill would make sure the person reporting the abuse is available when the report is made to the authorities. That will help investigators actually determine what happened and if the case can be pursued.

SB 97 – SoDakLiberty Posts – Revise the allowable penalties for a person admitted to drug court.

This bill passed through the Senate with no opposition and through House Judiciary 11-1. It passed through House Judiciary 11-1 and the House floor 65-4.

According to the fiscal note this bill will supposedly keep about seven people from year from going to prison. It is a small step, but it does appear to be a good move.

SB 99 – SoDakLiberty Posts – Revise certain provisions of the risk pool fund due to federal legislation.

House Appropriations hoghoused this bill. Originally it dealt with the Medicaid contingency fund. Here is the entirety of the new bill:

Section 1. On June 29, 2015, the state treasurer shall transfer to the legislative priority pilot program contingency fund, which is hereby created, the sum of one million dollars ($1,000,000) from the South Dakota risk pool fund created by § 58-17-120. The contingency funds are to be made available in accordance with the provisions of §§ 4-8A-9, 4-8A-10, 4-8A-11, and 4-8A-12. The contingency funds shall be used to fund legislative priority pilot programs. Interest earned on money in the fund shall be deposited into the general fund.

The hoghoused bill passed House Appropriations 8-0 and the House floor 62-5. The Senate concurred with the hoghoused bill unanimously. This is a bill I need to do more research on and possibly a post about it in the future.

SB 120 – SoDakLiberty Posts – Revise certain provisions regarding special alcoholic beverage licenses issued in conjunction with special events and to declare an emergency.

This bill was hoghoused in Senate Commerce. The new version of this bill seems much more straightforward in allowing a special off-sale package wine dealers or malt beverage dealers license for use in certain special events. The committee also added an emergency clause so it could take effect after being passed into law. The amended bill passed through Senate Commerce, the Senate and House Commerce without opposition. The House floor made four more amendments to the bill. The amendments added distilled spirits to the list of alcoholic beverages this bill would apply to. I think this was a great addition.

Unfortunately some of the amendments made didn’t align with what actually existed in current code. The conference committee had to amend out some of the changes, specifically for distilled spirits. The bill as amended in the conference committee was agreed to by the Senate 33-0 and the House 67-2.

I think this was a great bill to pass into law. It allows for wine and other drinks to be given as a donation for certain special events, such as charity auctions.

SB 125 – SoDakLiberty Posts – Revise the minimum suspension requirements for students participating in extracurricular activities.

This bill passed through both chambers without opposition. This bill would make sure that if the reduced suspension doesn’t have enough of the activities in question, it would extend to include a minimal number of events.

One side-note to this bill: There are many who voted against the SDHSAA transgender policy bills for the reasoning that the legislature shouldn’t get involved at that level. Yet those same legislators voted unanimously to impose requirements upon the SDHSAA in this bill…

SB 131 – SoDakLiberty Posts – Establish certain provisions regarding stray electrical current and voltage remediation.

This bill passed through both chambers without opposition. This has been an interesting bill to listen to testimony on, I’ve learned a lot. It seems the bill is set to give a process for dairy producers and electricity providers to settle stray voltage disputes (something I had not heard about before). If the farmer believes stray voltage has negatively impacted a cow, then the PUC would be brought in. There are provisions built-in to make sure neither side of the dispute are doing so in bad faith.

SB 132 – SoDakLiberty Posts – Allow school districts to recruit teachers by providing certain financial incentives.

This bill passed Senate Ed 4-1. It was amended on the Senate floor and passed 26-7. The amendment on the Senate floor took away the incentives for current teachers. This bill was then amended House Ed to allow a school district to negotiate through a teacher’s designated collective bargaining representative. However the language is permissive. Meaning the school district doesn’t have to work through a union for this incentive if it doesn’t want to. The amended bill passed through House Ed 11-3. It then passed on the House floor 53-13. The Senate concurred to the changes made in the House 30-3.

This is a bill that will give schools another tool to use in attracting quality teachers.

SB 134 – SoDakLiberty Posts – Prohibit minor boundary changes for one year, to establish the school district boundary task force, and to declare an emergency.

This was a hoghouse vehicle bill. It passed through the Senate without opposition after Senate State Affairs filled the bill with its actual content. It was slightly amended in House Ed and passed that committee 14-0. The House floor passed the bill 64-3.  The Senate concurred with the amendments made to the bill uninanimously.

Section 2 of the bill explains the purpose of this task force pretty well:

There is hereby established the school district boundary task force. The task force shall examine the boundaries of the existing school districts and recommend possible changes to those school district boundaries. The task force will also recommend a process for addressing minor boundary changes in the future once the moratorium established in section 1 of this Act has ended. The task force will not discuss or make any recommendations regarding school district reorganization.

 Apparently this bill was directed at the Sioux Falls area. It will prevent any changes from being made there until the task force has completed.

SB 154 – SoDakLiberty Posts – Require that certain employees of the Department of Veterans Affairs be veterans.

This bill passed the Senate with no opposition. It was slightly amended in House Judiciary and passed that committee 12-1. The House passed the bill without opposition. Finally, the Senate concurred to changes made in the House unanimously.

This bill would require the “state veterans service officer or state fieldmen veterans service officer shall be a veteran who has served in the armed forces of the United States and is a citizen of the United States”. It then says all other employees of the Dept of VA shall be veterans if available. I can understand giving preference to veterans for these jobs. But I really can’t see a provision that says a veteran must fill these positions being set in law.

SB 178 – SoDakLiberty Posts – Revise certain programs and authorize certain projects in the Unified Judicial System and to make an appropriation therefor.

This bill passed through the Senate and through House Appropriations without opposition. It met with some resistance in the House with its vote of 61-5.

This bill appropriates $500,000 from the Unified Judicial System court automation fund to the Unified Judicial System for the purpose of providing incentive payments to attorneys participating in the rural attorney assistance program. The bill also increases the number of attorneys that can participate in the program from 16 to 32. The bill also has an appropriation of $300,000 for renovating the Supreme Court law library in the state capitol building. Another $100,000 is appropriated to award grants to counties for projects related to the improvement of courthouse security. Then another $400,000 to help address the negative cash balance in the law enforcement officers training fund.

Those opposed to the bill believe this is not the best use of taxpayer dollars at this time. In particular the $300,000 to renovate a perfectly good library seemed odd.

SB 180 – SoDakLiberty Posts – Revise certain provisions regarding the production tax for wind energy facilities and to declare an emergency.

This bill was amended in Senate Commerce and Energy and passed that committee 7-0. It passed the Senate floor 32-2. It was then hoghoused in House Taxation and passed that committee 14-0. It was then further amended on the House floor and passed that chamber 64-4. The Senate concurred with the House changes 32-1.

This bill would basically change how wind energy facilities are taxed. Currently they are taxed in a way that makes them noncompetitive compared to neighboring states. This bill would allow SD to compete in the wind energy industry. The new version of the bill also has an emergency clause, so it could take effect immediately after being signed into law.

SB 186 – SoDakLiberty Posts – Revise the procedure for the execution of a warrant.

This bill passed Senate Judiciary 6-0 after being amended. The amendment took out the new language that was to be added by the bill. Now the bill appears to clarify the words used in the law. The bill passed the Senate floor 32-0. Finally it passed House Judiciary 11-0. It passed the House floor 68-1.

SB 191 – SoDakLiberty Posts – Revise certain provisions regarding capital outlay certificates and lease purchase agreements of school districts and the pledge of state aid to education funds program aid to secure such obligations.

This bill passed Senate State Affairs 9-0 after being amended. The bill then passed House State Affairs 12-0. It then had a title amendment on the Senate floor and passed 31-1. Finally the bill flew through the House without opposition. I never did find time to research this one.

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