Below is a list of the Senate and House file numbers of each bill introduced during the 2010 session and a short summary of the effect of the bill. For more information about a particular bill, click on the bill number.
2010 Senate Bills:
SB 13: A bill amending several provisions concerning petitions and elections, including: affixing and notarizing the circulator’s signature on a petition, revising publication and notice requirements for municipal elections, and revising procedures to obtain absentee ballots.
Status: Pre-filed December 22, 2009. Referred to Local Government. Set for hearing 1/15/20 at 10 a.m. Committee recommmends Do Pass as amended (6-0) 1/15/10. Passed Senate as amended (33-1) 1/21/10. Referred to House Local Government. Set for hearing 1/28/10. Committee recommends Do Pass (10-0) 1/28/10. Passed House (69-1) 2/24/10. Signed by Governor 3/8/10.
SB 44: Authorizing the PUC to conduct certain rule-making proceedings by teleconference.
Status: Pre-filed January 7, 2010. Referred to Judiciary. Set for hearing 1/19/10. Re-set for hearing 2/2/10. Reset for hearing 2/10/10. Deferred to 41st Legislative Day (7-0) 2/11/10.
SB 57: A bill to require that the PUC will issue its decision on electric utility complaints within 60 days after notice and opportunity for hearing. (PUC may extend the time if good cause found.)
Status: Pre-filed January 8, 2010. Referred to Commerce. Set for hearing 1/19/10. Amended by Committee to state that after notice and opportunity for hearing, the PUC shall issue its decision within 60 days after filing of the application or complaint. Committee recommends Do Pass as amended (7-0) 1/19/10. Referred by Senate to Senate Commerce 1/21/10. Set for hearing 2/2/10. Amended to restore bill to original version. Committee recommends Do Pass (7-0) 2/2/10. Passed Senate (33-0) 2/9/10. Referred to House Commerce. Set for hearing 2/24/10. Committee recommends Do Pass (11-0) 2/24/10. Passed House (65-0) 2/25/10. Signed by Governor 3/8/10.
SB 58: A bill to revise real property taxes for small renewable energy projects: for facilities under 5 MW, the real property will be locally assessed and the first $50,000 or 70% of the assessed value (whichever is greater) is exempt from the real property tax.
Status: Pre-filed January 8, 2010. Referred to State Affairs. Set for hearing 1/20/10. Committee recommends Do Pass as amended (6-2) 1/20/10. Fiscal note requested 1/26/10. Passed Senate as amended (26-7) 2/3/10. Referred to House State Affairs. Set for hearing 3/1/10. Re-set for hearing 3/3/10. Committee recommends Do Pass (12-1) 3/3/10. Passed House (64-3) 3/8/10. Signed by Governor 3/26/10.
SB 59: A bill to revise the contractors’ excise tax refunds for small (10 MW or less built after 2001) renewable energy projects, by expanding the definition of renewable to include wind, solar, hydroelectric, hydrogen, biomass and geothermal.
Status: Pre-filed January 8, 2010. Referred to State Affairs. Set for hearing 1/20/10. Tabled by committee (5-3) 1/20/10.
SB 60: A bill to require a utility to obtain a PUC permit for (1) any upgrades to an line that is 115 kV or less that causes the line to exceed 115 kV, or (2) any upgrades of 20 kV or greater to a line that is already exceeding 115 kV.
Status: Pre-filed January 8, 2010. Referred to Commerce. Set for hearing 1/19/10. Committee recommends Do Pass as amended (7-0) 1/19/10. Referred by Senate to Senate Commerce 1/21/10. Set for hearing 2/2/10. Committee recommends Do Pass as amended (7-0) 2/2/10. Placed on Senate consent calendar. Passed Senate (33-0) 2/9/10. Referred to House Commerce. Set for hearing 2/24/10. Committee recommends Do Pass as amended (13-0) 2/24/10. Passed House (69-0) 3/1/10. Senate concurs with House amendment (34-0) 3/3/10. Signed by Governor 3/11/10.
SB 61: A bill requiring all electric utilities (muni, IOU, REC) to file with the PUC its minimum rates for the purchase of distributed renewable generation of 100 kW or less.
Status: Pre-filed January 8, 2010. Referred to State Affairs. Set for hearing 1/20/10. Committee recommends Do Pass (7-0) 1/20/10. Passed Senate (33-0) 1/21/10. Referred to House State Affairs. Set for hearing 2/24/10. Committee recommends Do Pass (13-0) 2/24/10. Passed House (64-3) 3/2/10. Signed by Governor 3/11/10.
SB 93: For wind projects of 5 MW or less, $30,000 of the full and true value of the property is exempt from taxation. (Real property includes base, foundation, tower, and substations, but NOT the turbine or blades.)
Status: Introduced 1/25/10. Referred to State Affairs. Set for hearing 2/1/10. Deferred to 41st Legislative Day (6-3) 2/1/10.
SB 94: To allow CBED development in South Dakota.
Status: Introduced 1/25/10. Referred to State Affairs. Set for hearing 2/1/10. Deferred to 41st Legislative Day (6-3) 2/1/10.
SB 95: A bill to create an energy efficiency subfund under the existing energy conservation loan special revenue fund of SDCL 1-33B-18. The Department of Tourism and Economic Development shall develop a grant project for the money allocated to this fund to assist communities and nonprofits in energy efficiency, including municipals and counties.
Status: Introduced 1/25/10. Referred to State Affairs. Set for hearing 2/1/10. Deferred to 41st Legislative Day (6-3) 2/1/10.
SB 104: A bill requiring that any handout at an open/public meeting (that is not otherwise confidential) shall be made available for inspection; also clarifies that task forces of any political subdivision are subject to open meetings/public records.
Status: Introduced 1/27/10. Referred to State Affairs. Set for hearing 2/19/10. Committee recommends Do Pass as amended (9-0) 2/22/10. Amended on Senate floor. Passed Senate (33-0) 2/23/10. Referred to House Local Government. Set for hearing 3/4/10. Committee recommends Do Pass as amended (10-2) 3/4/10. Passed House as amended (67-1) 3/9/10. Senate concurs with House amendments (34-0) 3/10/10. Signed by Governor 3/26/10.
SB 125: A bill slightly changing one-call violation complaints. Complaints are valid if brought within 90 days of the discovery of the violation.
Status: Introduced 1/27/10. Referred to Commerce. Set for hearing 2/4/10. Re-set for hearing 2/9/10. Passed Committee as amended (6-0) 2/9/10. Passed Senate (34-0) 2/11/10. Referred to House Judiciary 2/12/10. Set for hearing 3/3/10. Re-set for hearing 3/8/10. Committee recommends Do Pass (13-0) 3/8/10. Passed House as amended (69-0) 3/9/10. Signed by Governor 3/24/10.
SB 133: A bill clarifying actions a state’s attorney shall take on an alleged violation of open meetings laws by county commissioners, and clarifying that the state Attorney General may refer a case to the Open Meetings Commission.
Status: Introduced 1/27/10. Referred to Local Government. Set for hearing 2/17/10. Committee recommends Do Pass (4-) 2/17/10. Passed Senate (33-0) 2/18/10. Referred to House Local Government. Set for hearing 2/25/10.
Committee recommends Do Pass (13-0) 2/25/10. Passed House (70-0) 3/1/10. Signed by Governor 3/10/10.
SB 135: A bill allowing additional rate recovery for installation of voltage regulation technology.
Status: Introduced 1/27/10. Referred to State Affairs. Set for hearing 2/12/10. Deferred to 41st Legislative Day (7-0) 2/12/10.
SB 142: A bill to prohibit campaign contributions by entities that contract with state agencies, boards or commissions in an amount exceeding $25,000. The prohibition includes an affiliated entity to the contract company/holder, a person holding an ownership in excess of 10% in the company, executive employees, and their spouses or minor children.
Status: Introduced 1/28/10, referred to State Affairs. Set for hearing 2/10/10. Deferred to 41st Legislative Day (6-2) 2/10/10.
SB 146: A bill revising public voting to issue bonds based on voter turnout. If turnout is less than 50%, 60% passage is required; if turnout is 50% or greater, 50% passage is required.
Status: Introduced 1/28/10; referred to Local Government. Set for hearing 2/12/10. Re-set for hearing 2/17/10. Tabled (4-0) 2/17/10.
SJR 2: A joint resolution proposing a ballot measure to change state legislative term limits in the state Constitution.
Status: Introduced 1/22/10. Referred to State Affairs. Set for hearing 2/1/10. Deferred to 41st Legislative Day 2/1/10.
SJR 3: A joint resolution to place on the 2010 ballot a state Constitutional provision subjecting union or designation of employee representation elections to secret ballots.
Status: Introduced 1/27/10. Referred to State Affairs. Set for hearing 2/10/10. Committee recommends Do Pass (6-3) 2/10/10. Passed Senate (22-13) 2/11/10. Referred to House State Affairs. Set for hearing 2/24/10. Committee recommends Do Pass (9-4) 2/24/10. Passed House (44-23) 3/2/10. Delivered to Secretary of State 3/8/10.
SJR 5: A joint resolution to place on the 2010 ballot a state Constitutional provision allowing a special interim legislative committee to be organized and to be given authority to approve or disapprove of transfers of appropriated funds during the interim.
Status: Introduced 1/27/10. Referred to Appropriations. Set for hearing 2/17/10. Committee recommends Do Pass as amended (4-3) 2/17/10. Failed to pass Senate (14-18) 2/23/10.
2010 House Bills:
HB 1046: A bill to revise competitive bidding and public contract awards.
Status: Introduced 1/12/10; referred to House State Affairs. Set for hearing 1/27/10. Re-set for hearing 2/1/10. Tabled by committee (11-0) 2/3/10. Removed from Table and passed (12-0); referred to House Government Operations 2/17/10. Hoghouse amendment and passed by committee (5-0) 2/22/10. Passed House (65-5) 2/23/10. Referred to Senate State Affairs. Set for hearing 3/3/10. Committee recommends Do Pass (6-2) 3/3/10. Passed House (25-9) 3/8/10. Signed by Governor 3/12/10.
HB 1060: A bill to eliminate the refund of the contractors’ excise tax for projects under $25 million and over $250 million in value.
Status: Introduced 1/12/10 at the request of the Department of Revenue and Regulation. Set for hearing 1/28/10. Committee recommends Do Pass (6-1) 1/28/10. Fiscal note requested 2/1/10. Amended on House floor; passed House (48-19) 2/10/10. Referred to Senate State Affairs. Set for hearing 2/19/10. Re-set for hearing 3/3/10. Committee recommends Do Pass as amended (5-4) 3/8/10. Passed Senate as amended (19-16) 3/9/10. House Fails to concur with Senate amendments; conference committee appointed 3/10/10. Conference committee members: Rep. Rave, Rep. Rausch, Rep. Hunhoff, Sen. Knudson, Sen. Gray and Sen. Heidepriem.
Conference committee report adopted by Senate (28-2) 3/12/10; adopted by House (59-10) 3/12/10. Vetoed by Governor 3/26/10. Veto override passed House (49-19); veto override passed Senate (33-0) 3/29/10.
HB 1093: A bill to allow open meetings and rulemaking to be done by teleconference.
Status: Introduced 1/20/10. Referred to House State Affairs. Set for hearing 1/27/10. Re-set for hearing 2/1/10. Re-set for hearing 2/10/10. Committee amended bill; passed (12-0) 2/10/10. Passed House as amended (65-0) 2/16/10. Referred to Senate State Affairs. Set for hearing 3/3/10. Deferred to 41st Legislative Day 8-0) 3/3/10.
HB 1094: A bill to clarify that municipals are only subject to the contractor’s excise tax and not the alternative contractors’ excise tax on gross receipts of contractors engaged in realty improvement contracts.
Status: Introduced 1/21/10; referred to House Taxation. Set for hearing 1/28/10. Committee recommends Do Pass (14-0) 1/28/10. Passed House (66-0) 2/2/10. Referred to Senate Taxation. Set for hearing 2/12/10. Committee recommends Do Pass (9-0) 2/12/10. Passed Senate (32-0) 2/17/10. Signed by Governor 2/25/10.
HB 1141: Allow for legislative redistricting based on single-member house districts.
Status: Introduced 1/27/10. Referred to House State Affairs. Set for hearing 2/17/10. Deferred to 41st Legislative Day (7-5) 2/17/10.
HB 1142: A bill to prohibit campaign contributions to candidates (or a PAC) for the PUC from any entity over which the PUC has supervision, from any entity affiliated with an entity that the PUC supervises, from any person with an ownership interest in excess of 10% in the entity, or from any person who is an executive employee (president, chair, CEO, COO, CFO, etc.) of such an entity.
Status: Introduced 1/27/10. Referred to House State Affairs. Set for hearing 2/19/10. Deferred to 41st Legislative Day (10-1) 2/19/10.
HB 1155: A bill to require the registration of certain anemometer towers used for wind energy testing.
Status: Introduced 1/28/10; referred to Commerce. Set for hearing 2/10/10. Failed committee vote (5-8); tabled (8-5) 2/10/10. Taken from table and amended via Hoghouse. Committee recommends Do Pass as amended (13-0) 2/22/10. Passed House (67-0) 2/23/10. Referred to Senate Commerce. Set for hearing 3/2/10. Set for hearing 3/2/10. Committee recommends Do pass (7-0) 3/2/10. Passed Senate (34-0) 3/3/10. Signed by Governor 3/26/10.
HB 1172: A bill to repeal provisions that require the local planning commission to approve the construction of utilities or public facilities.
Status: Introduced 1/27/10. Referred to Local Government. Set for hearing 2/11/10. Committee recommends Do Pass (12-0) 2/11/10. Passed House (65-0) 2/12/10. Referred to Senate Local Government. Set for hearing 3/3/10. Committee recommends Do pass (6-0) 3/3/10. Passed Senate (34-0) 3/4/10. Signed by Governor 3/12/10.
HB 1186: No entity which is subject to supervision by the PUC may sponsor or support (financially or in-kind) any informational, educational, social or promotional event sponsored by the PUC.
Status: Introduced 1/28/10, referred to State Affairs. Set for hearing 2/19/10. Deferred to 41st Legislative Day (9-3) 2/19/10.
HB 1194: A bill to include a wind option has part of the definition of a wind easement. It requires that all wind options/easements be filed with the county and that an easement shall be considered void if there is no wind development (defined as construction of the turbine foundation) within 5 years.
Status: Introduced 1/28/10, referred to State Affairs. Set for hearing 2/10/10. Set for hearing 2/18/10 at 4 pm. Tabled by committee (12-0) 2/18/10.
HB 1255: A bill lowering state sales taxes on certain items; it raises the tax on gross receipts from retail sales of electricity (and gas and water) from 4% to 4 ¾%.
Status: Introduced 2/3/10; referred to Taxation. Set for hearing 2/18/10. Committee recommends Do Pass (9-6) 2/18/10. Referred to House Appropriations 2/18/10. Tabled by Committee (6-3); recalled and removed from table by committee 2/22/10. Committee recommends Do NOT Pass (8-1) 2/22/10. Motion on House floor to strike the “NOT” from the committee’s recommendation of “Do Not Pass”; motion failed (25-43) 2/23/10.
HB 1263: A bill to repeal provisions of wind easement law, clarifying that a landowner may declare the length of a wind easement regardless of the existence of development.
Status: Introduced 2/3/10; referred to State Affairs. Set for hearing 2/18/10 at 4 pm. Amended and passed by committee (13-0) 2/18/10. Passed House (70-0) 2/23/10. Set for hearing 3/1/10. State Affairs recommends Do Pass (9-0) 3/1/10. Passed Senate (30-0) 3/2/10. Signed by Governor 3/23/10.
HB 1268: A “landowner bill of rights” bill providing that a wind easement may not require either party to maintain confidentiality as to terms of lease, shall preserve property owner’s right to do business/use his/her land, shall not make property owner liable for damage from the wind facility, etc.
Status: Introduced 2/3/10; referred to State Affairs. Set for hearing 2/18/10 at 4 pm. Tabled by committee (12-0) 2/18/10.
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