South Dakota

The 88th Legislative Session convened on Jan. 8, 2013, and adjourned March 25, 2013.

Getting information about the activities and legislation is easy. Missouri River Energy Services (MRES) continuously monitors bills introduced in the South Dakota Legislature that could affect electric utilities in the state of South Dakota. To find out who represents your utility interests go to the South Dakota Secretary of State website.

2013 South Dakota Legislative Guide

2013 Senate Bill Introductions

SB 12: A PUC-backed bill to update references in statute and to clarify that major modifications of facilities (under SDCL 49-41B-2.2) need PUC permits prior to construction.
Status: Introduced 1/8/13; referred to Senate Commerce & Energy. Set for hearing 1/15/13. Committee recommends Do Pass (7-0) 1/15/13. Passed Senate (35-0) 1/16/13; referred to House. Referred to House Commerce and Energy. Set for hearing 2/20/13. Passed House Commerce and Energy (9-0) 2/20/13. Passed House (65-2) 2/21/13. Signed by Governor 3/4/13.

SB 157: Changing the distribution of wind tax revenues; repeals requirement that any left-over funds after rebates will go to the state property tax reduction fund; provides for distribution of revenue among counties and townships in which the wind farm is located.
Status: Introduced 1/23/13. Referred to Senate Taxation. Set for hearing 1/28/13. Committee recommends Do Pass as amended (5-2) 1/28/13. Fiscal Note requested 1/30/13. Amended by Senate and Passed (27-8) 2/13/13. Referred to House Commerce & Energy. Set for hearing 3/4/13. Tabled (13-0) 3/4/13.

SB 167: A bill requiring both detailed minutes and audio recording of executive sessions of meetings of public entities; allows for in camera court review of the recordings and court determination of disclosure to party seeking to enforce the statute.
Status: Introduced 1/23/13. Referred to Senate Local Government. Set for hearing 1/30/13. Deferred to 41st Legislative Day (4-3) 1/30/13.

SB 195: A bill to establish wind energy facility incentives; revising the rebates for gross receipts tax on wind farms.
Status: Introduced 1/25/13; referred to Senate Commerce & Energy. Amended by Commerce and Energy Committee; Passed (6-1); referred to Senate floor. Passed Senate (26-7) 2/19/13. Referred to House Commerce and Energy. Set for hearing 3/4/13. Committee recommends Do Pass as amended (13-0) 3/4/13. Passed House as amended (62-5) 3/5/13. Conference Committee appointed 3/7/13. House adopts Conference Committee report (58-8) 3/7/13; Senate adopts Conference Committee report (25-2) 3/8/13. Signed by Governor 3/21/13.

SB 223: Clarifying the open meetings requirements as applied to the PUC.
Status: Introduced 1/28/13. Referred to Senate State Affairs; set for hearing 1/30/13. Committee recommends Do Pass (8-0) 1/30/13. Passed Senate (35-0) 2/4/13. Referred to House Judiciary. Passed committee (12-0) 2/26/13. Passed House (69-0) 3/5/13. Signed by Governor 3/20/13.

SB 228: A bill to allow the legislature to enhance the Public Utilities Commission.
Status: Introduced 1/28/13. Referred to Senate Agriculture and Natural Resources. Set for hearing 2/19/13. Deferred to the 41st Legislative Day (6-2) 2/19/13.

2013 House Bill Introductions

HB 1108: A bill to clarify that open meetings provisions do not apply to associations and entities without any authority to exercise sovereign power derived from state law.
Status: Introduced 1/18/13; referred to House State Affairs. Hearing set 1/23/13. Amended and passed by Committee (13-0) 1/23/13; referred to House floor. Passed House (63-5) 1/28/13. Referred to Senate State Affairs. Set for hearing 2/22/13. Amended and passed by committee (6-0) 2/25/13. Tabled by Senate (28-4) 3/4/13.

HB 1110: A bill to require that electronic record databases provide a narrative description of the system to the public and information (an index) to make requesting documents easier for the public.
Status: Introduced 1/18/13; referred to House State Affairs. Hearing set 1/23/13. Passed by Commitee (13-0) 1/23/13; referred to House floor. Passed House (70-0) 1/24/13; referred to Senate State Affairs. Passed committee (5-0) 2/25/13. Passed Senate (35-0) 2/26/13. Signed by Governor 3/12/13.

HB 1112: Clarifying that notice requirements and open meetings policies to not apply to certain 3 person boards when the discussion or meeting is solely for the purposes of carrying out ministerial functions and public safety.
Status: Introduced 1/18/13; referred to House State Affairs. Hearing set 1/23/13. Passed by Committee (9-4) 1/23/13; referred to House floor. Passed House (56-14) 1/24/13; referred to Senate State Affairs. Set for hearing 2/22/13. Passed committee (6-0) 2/25/13. Passed Senate (35-0) 2/26/13. Signed by Governor 3/12/13.

HB 1113: A bill including the use of text messages, emails and other social media as a “rolling meeting” for the purpose of what is a “meeting” under open meetings laws.
Status: Introduced 1/18/13; referred to House State Affairs. Hearing set 1/25/13. Passed committee as amended (7-6) 1/25/13; referred to House floor. Failed on House floor (34-35) 1/29/13. Reconsideration Failed (34-35) 1/30/13.

HB 1114: Requiring that defamatory information submitted about a person applying for a registration, certification or license shall not be a public record until such time as the public body substantiates the information.
Status: Introduced 1/18/13; referred to House State Affairs. Set for hearing 1/25/13. Deferred to 41st Legislative Day (13-0) 1/25/13.

HB 1115: Clarifying that any document held as public, is not subsequently made confidential simply by having been used in deliberations.
Status: Introduced 1/18/13; referred to House State Affairs. Set for hearing 1/25/13. Passed committee (10-2) 1/25/13. Passed House (68-0) 1/28/13. Referred to Senate State Affairs. Passed committee (7-0) 2/25/13. Passed Senate (35-0) 2/26/13. Signed by Governor 3/12/13.

HB 1153: Proposing that any value that is attributable to the construction work in progress on environmental upgrades is excluded from the assessment process for coal-fired power plants.
Status: Introduced 1/23/13. Referred to House Taxation. Committee recommends Do Pass as amended (13-0) 1/31/13. Passed House as amended (69-0) 2/5/13. Referred to Senate Taxation. Set for hearing 2/15/13. Passed Committee (7-0) 2/15/13. Senate passed as amended (31-1) 2/21/13. Signed by Governor 3/4/13.

HB 1158: A bill clarifying that posted agendas in meeting notices must include time, date and place of meeting.
Status: Introduced 1/23/13; referred to House Local Government. Set for hearing 2/5/13. Committee recommends Do Pass as amended (13-0) 2/5/13. Passed House as amended (70-0) 2/7/13. Referred to Senate Local Government Committee. Set for hearing 2/22/13. Passed committee (7-0) 2/22/13. Passed Senate (35-0) 2/26/13. Signed by Governor 3/6/13.

HB 1193: A bill to increase state sales and use tax rates.
Status: Introduced 1/25/13; referred to House Taxation. Set for hearing 2/7/13. Deferred to the 41st Legislative Day (12-3) 2/7/13.

HB 1207: A bill to require net metering for renewable energy systems up to 2 MW.
Status: Introduced 1/28/13. Referred to House Commerce and Energy. Set for hearing 2/4/13. Set for additional hearing 2/6/13. Deferred to the 41st Legislative Day (12-0) 2/6/13.

HB 1224: A bill to allow cities, counties and school districts to post some information on-line in lieu of publication.
Status: Introduced 1/28/13. Referred to House Local Government. Set for hearing 2/5/13. Deferred to the 41st Legislative Day (10-3) 2/5/13.