Liquor licenses, eminent domain signed into law

By Joe Kafka, The Associated Press | Monday, March 17, 2008

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PIERRE - All legislation passed before the Legislature began a two-week recess Feb. 29 has been acted on by Gov. Mike Rounds.

The governor signed more than 40 remaining bills and vetoed seven.

Among the bills signed into law this week:

Liquor licences Some South Dakota cities may be getting upscale restaurants.

Legislation signed by Rounds allows local officials statewide to approve unlimited numbers of on-sale liquor licenses for certain businesses.

The new law will let cities and counties issue liquor licenses to full-service restaurants that get no more than 40 percent of their gross profits from alcoholic drinks.

The restaurants cannot allow smoking.

Railroad condemnation

A speedy procedure for railroads wishing to take property from unwilling landowners received Rounds' signature.

The new law provides for a hearing and decision within 90 days of a railroad's request to condemn land.

Decisions on eminent domain lie with the governor or state Transportation Commission.

The law will help the Dakota, Minnesota and Eastern Railroad gain property for a new route into Wyoming.

Electric cars Electric cars are going to be allowed on some streets and highways in South Dakota.

Rounds has signed a bill to legalize the use of electric cars on roads where speed limits do not exceed 35 mph.

The cars cannot be licensed unless they have enough juice to hit at least 20 mph within one mile on a flat road.

Electric cars, which are about the size of a golf cart and can carry up to four people, may weigh no more than 2,500 pounds.

Drivers will have to carry liability insurance.

Tax changes for wind

Tax breaks to encourage construction of more wind farms in South Dakota have been approved by Rounds.

The governor has signed a bill that would cut property taxes on wind turbines by basing those taxes on generation capacity instead of construction costs.

A reduction in property taxes for wind farms was passed in 2003, but officials say it's no longer effective because the cost of the towers has risen substantially.

A wind turbine costs about $2 million, of which 40 percent is currently subject to property taxes.

The law also will tax a wind farm's gross receipts to help build power lines and other facilities.

School aid

Legislation that will provide South Dakota school districts with $3 million more than Rounds originally recommended will become law.

Rounds has signed the bill.

The extra money doesn't come without some strings, however.

Schools would have to use it to give teachers pay raises in excess of what they would otherwise receive.

The new law also will change financial incentives for consolidating school districts, set up a council to recommend changes in teachers' salaries and certification and study ways of making science and math instruction relevant to students.

Science laboratories Rounds has signed a bill that authorizes $74.5 million to build and update science labs on public university campuses in South Dakota.

The Board of Regents says the improvements are needed to enhance research capabilities and improve graduate programs on the campuses in Brookings, Madison, Spearfish, Aberdeen, Vermillion and Rapid City.

All six campuses will get new buildings and have buildings renovated.

The state will pay $32.5 million, and $42 million will come from student fees.

Records disputes A bill that will establish an appeals process to resolve disputes over public access to government documents in South Dakota has been signed.

The measure will become law July 1.

If an agency denies a request for records, the person seeking those records can have the case reviewed by the state Office of Hearing Examiners without hiring a lawyer.

Republican legislative leaders pushed for the measure, which was based on the work of an attorney general's task force on open government.

State law generally provides that government records are open if any agency is required by law to keep those records.

Capital punishment

A measure that revises and clarifies South Dakota's death-penalty laws has been signed by the governor.

The new law, which goes on the books July 1, esta0blishes a procedure circuit judges must use to decide if an execution should be stopped because a death-row inmate is mentally incompetent.

It also makes it clear that people taking part in executions are generally immune from civil lawsuits and criminal prosecution.

South Dakota held its first execution in six decades last year when Elijah Page was killed by lethal injection for the 2000 murder of Chester Allan Poage near Spearfish.

Other bills signed * Make it illegal to use false academic degrees to obtain jobs or seek advanced college degrees in South Dakota

* Outlaw branding of minors by use of heat, cold or chemicals, and by marks or designs made by cutting, tearing or scraping of the skin

* Ban devices that allow people to get drunk by inhaling intoxicating fumes from liquor

* Deter thievery of copper, platinum and other metals

* Provide access to old geological reports acquired by the state before July 1, 1982

* Exempt dairies from restrictions on corporate land ownership

* Pay for renovation of the fourth floor of the state Capitol

* Expand a hospital-pricing Web site to include the most common outpatient procedures

* Allow Capital University Center in Pierre to proceed with construction of a $3.5 million building for classes and administrative space

* Require crude-oil pipelines to submit emergency leak response plans to the state Environment Department