2008 Legislation

Below is a list of the House and Senate file numbers of each bill introduced during the 2008 session and a short summary of the effect of the bill. For more information about a particular bill, click on the bill number.

NOTICE: The legislature's web site does not necessarily contain the latest status on any given bill. If you need up-to-the-minute information on legislation call the Legislative telephone room at (888) 635-3447 or (TTY: (800) 366-6888); or contact Deb Birgen at MRES.


House Bills:
  
HB 1123: A bill to establish a renewable energy objective of 10 percent by 2015.
Status: Introduced 1/11/08. Set for hearing 1/23/08. Passed House State Affairs (13-0). Passed House (66-3) 1/29/08. Referred to Senate State Affairs. Set for hearing 2/13/08. Passed Senate State Affairs (9-0) 2/13/08. Passed Senate (29-6) 2/14/08. Signed by Governor 2/21/08.

HB 1184: Allows county commissioners to set up Renewable Energy Tax Incentive (RETI) project areas, and to refund to the renewable energy project owner in the RETI area, 50% of the taxes collected in the RETI area, for the first 10 years of the renewable project.
Status: Introduced 1/16/08; referred to House State Affairs. Tabled (13-0) 1/6/08.

HB 1246: A bill to allow the Office of Hearing Examiners to resolve disputes regarding whether a document is a public record to be made available.
Status: Introduced 1/17/08; referred to House State Affairs. Set for hearing 2/11/08. Reset for hearing 2/13/08. Tabled (12-0) by House State Affairs 2/13/08.

HB 1272: A bill to establish a Renewable Energy Standard of 3% retail sales by Dec. 31, 2012; and increasing by 1% per year until 2019 (10% total). After 2019, these percentages continue to increase 1% per year until 2029 (20%), unless the PUC revises the schedule.
Status: Introduced 1/23/08; referred to House State Affairs. Hoghouse amendment offered and Passed (12-0) 2/6/08. Hoghouse amendment: Current state law definition of "renewable energy" is amended to include municipal solid waste. Passed House (67-2) 2/12/08; referred to Senate State Affairs. Set for hearing 2/20/08. Passed Senate State Affairs (8-0) 2/20/08. Passed Senate (33-0) 2/21/08. Signed by Governor 3/17/08.

HB 1280:  A bill revising chapter 1-27 of the South Dakota code regarding public records; it is drafting in favor of a presumption that anything filed with a governmental entity is public, unless it meets criteria in the specified "laundry list".
Status: Introduced 1/23/08; referred to House State Affairs. Set for hearing 2/11/08. Reset for hearing 2/13/08. Tabled (12-0) 2/13/08.

HB 1296: A bill to allow CBED (Community Based Energy Development) projects for renewable energy and to provide a contractor's excise tax refund as an incentive.
Status: Introduced 1/23/08; referred to House Taxation. Set for hearing 1/29/08. Failed Taxation committee (4-10) 1/29/08. Deferred to 36th legislative day (11-3) 1/29/08.

HB 1319: A bill to create and fund a energy conservation loan program. The fund shall be used to make loans to state agencies, counties, municipalities and school districts to undertake energy saving capital improvement projects.
Status: Introduced 1/24/08; referred to House State Affairs. Set for hearing 2/6/08. Amendment Passed (11-0); amended to delete the declaration of an emergency (making it effective on the date the Governor signs the bill) 2/6/08. Passed House (35-24) 2/12/08. Motion to reconsider vote Passed (42-27) 2/13/08. Tabled by House (66-2) 2/14/08.

HB 1320:  To establish a new tax base for any company owning or holding a lease on property, used or intended to use, for a wind farm--$3 per nameplate capacity of the wind farm. In the alternative, the owner may elect a production tax based on 2% of gross receipts.
Status: Introduced 1/24/08; referred to House State Affairs. Amended to apply to wind farms built after July 1, 2007. Passed (13-0) 2/6/08. Passed House (66-3) 2/12/08. Referred to Senate State Affairs; set for hearing 2/20/08. Passed Senate State Affairs (8-0) 2/20/08. Passed Senate as amended (34-0) 2/26/08. Signed by Governor 3/14/08.

 
Senate Bills:

SB 43: A bill revising the landowner notification procedure in siting a generation project.
Status: Introduced 1/8/08. Set for hearing 1/15/08. Passed Commerce (7-0) 1/15/08. Passed Senate (33-1) 1/16/08. Referred to House State Affairs 1/17/08. passed House State Affairs (10-0) 2/13/08. Passed House (69-1) 2/19/08. Signed by Governor 3/11/08.
 
SB 54: A bill to make the filing of certain annual reports by the Energy Infrastructure Authority discretionary instead of mandatory.
Status: Introduced 1/8/08. Referred to Senate State Affairs; set for hearing 1/11/08. State Affairs recommends Do Pass (9-0) 1/11/08. Passed Senate (31-3) 1/17/08. Referred to House State Affairs. Set for hearing 2/20/08. Amended to require the EIA report to the legislature at least once every five years. Passed House State Affairs as amended (9-0) 2/22/08. Passed House (67-1) 2/26/08. Senate concurs with House amendments (30-4) 2/27/08. Signed by Governor 3/14/08.
 
SB 71: A bill to establish a Community-Based Energy Development program. This would allow for individual consumer-owned projects to be built in the state with utilities buying the power with a front-end weighted contract.
Status: Introduced 1/14/08. Referred to Senate State Affairs 1/14/08. Set for hearing 1/23/08 at 7:45 a.m. Deferred to non-existent 36th Legislative Day (5-3) 1/25/08.

SB 91: Requiring a new state and public buildings and renovations comply with LEED specifications.
Status: Introduced 1/15/08; referred to Senate State Affairs. Set for hearing 1/28/08. Deferred to 36th legislative day (5-3) 1/28/08.

SB 118:  A bill to grant an incentive to Community Based Energy Development (CBED) renewable energy projects of 1 cent per kilowatt-hour produced.
Status: Introduced 1/16/08; referred to Senate State Affairs. Set for hearing 1/23/08. Deferred to 36th Legislative day (5-3) 1/25/08.

SB 121: A bill clarifying the definition of trans-state transmission facility to coincide with the definition of transmission facility in 49-41B-2.1.
Status: Introduced 1/16/08; referred to Senate State Affairs. Set for hearing 1/28/08. Deferred to 36th legislative day (6-3) 1/28/08.

SB 151: A bill to require municipal electric utilities to pay per meter for extending service into newly annexed territory.
Status: Set for hearing 1/23/08 at 8 a.m. Senate Local Government. Passed Senate Local Government (4-3) 1/23/08. Passed Senate (18-17) 1/28/07. Motion to reconsider vote failed (20-14) 1/29/08. Referred to House Local Government. Set for hearing 2/12/08. Motion to Pass FAILED (6-6) 2/12/08. Tabled by Committee (7-5) 2/12/08. Bill withdrawn.
 
SB 165: A bill to allow a preference in public bidding for a resident; if the resident's bid is equal or within 5% of the lowest responsible bid.
Status: Introduced 1/22/08. Referred to Senate State Affairs. Set for hearing 2/11/08. Passed State Affairs (6-3) 2/11/08. Tabled by Senate (31-2) 2/12/08.

SB 168: Providing for the development and financing of school district wind projects. Authorizing school districts to use their public bonding authority to finance a wind project. Any public utility purchasing wind from the school is allowed a tax credit equal to the number of kW hours purchases, multiplied by the price paid, minus avoided costs.
Status: Introduced 1/22/08. Referred to Senate State Affairs. Deferred to 36th Legislative Day 1/25/08. 

SB 178:  Providing incentives for CBED wind development.
Status: Introduced 1/23/08; referred to Senate State Affairs. Deferred to 36th Legislative Day (5-3) 1/25/08. 

SB 186: A bill revising chapter 1-27 of the South Dakota code regarding public records; it is drafting in favor of a presumption that anything filed with a governmental entity is public, unless it meets criteria in the specified "laundry list".
Status: Introduced 1/23/08; referred to Senate State Affairs. Set for hearing 2/6/08. Amended to delete most of the bill, leaving the provisions regarding appeal from denial of access to a record. Passed (9-0) 2/6/08. Passed Senate (32-0) 2/11/08. Referred to House State Affairs; set for hearing 2/20/08. Passed House State Affairs (13-0) 2/20/08. Passed House (68-1) 2/26/08. Senate concurs with House amendment to allow for review "under seal" by the Office of Hearing examiners (34-0) 2/27/08. Signed by Governor 3/14/08.

SB 189: Much like SB 186, this is another attempt to revise chapter 1-27 of the South Dakota code by declaring that all records are presumably public--however, giving a different criteria as to when a record is not public or may be redacted.
Status: Introduced 1/23/08; referred to Senate State Affairs. Set for hearing 2/6/08. Amended to add a definition of intellectual property--keeping confidential certain non-published university research. Passed (6-2) 2/6/08. Passed Senate (18-15) as amended 2/11/08. Referred to House State Affairs; set for hearing 2/20/08. Failed House State Affairs (6-7) 2/20/08. Deferred to 36th Legislative Day (7-6) 2/20/08. State Affairs removes from Table 2/22/08. Amended to address re-distribution of an already distributed list--banning sale of the list. 2/22/08. Tabled by House State Affairs (13-0) 2/25/08.

SB 199: Clarifying that if members of one board or public entity attend another meeting or conference together, it does NOT constitute a meeting of the board requiring public notice.
Status: Introduced 1/23/08; referred to Senate Local Government. Set for hearing 1/28/08. Passed Local Government committee (5-1) 1/28/08. Passed Senate (22-12) 1/29/08. Referred to House Local Government. Passed House Local Government (11-1) 2/14/08. Passed House (64-4) 2/20/08. Signed by Governor 3/12/08.
   
SJR 1: A joint resolution to amend the State Constitution to eliminate term limits.
Status: Introduced 1/11/08; referred to Senate State Affairs. Set for hearing 2/11/08. Passed State Affairs (5-4) 2/11/08. Passed Senate (27-8) 2/13/08; referred to House State Affairs. Passed House State Affairs (11-0) 2/22/08. Passed House (55-14) 2/26/08. Measure will be on the November General Election ballot.

SJR 2: A bill to propose a constitutional amendment to repeal the right to work provisions in the State Constitution.
Status: Introduced 1/15/08; referred to Senate Commerce. Set for hearing 1/22/08. Deferred to 36th legislative day 1/22/08.