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South Dakota 2014 Legislature: House Bills signed into law so far

February 23, 2014

nicubunu_ScrollI was just looking through the list of House Bills South Dakota Governor Daugaard has signed into law so far. It might be a good time to actually look at what our legislature has decided is important enough to pass both houses and then have the governor sign. Here is my take on each of the House Bills signed into law (the Senate bills will be on a separate post).

  • HB1009 – Purpose: repeal the creation of the commemorative medallion fund.
    This repeals § 1-6-23. House Appropriations testimony on this bill said the commemorative medallion fund hasn’t been used in years. Seems to be a good cleanup of old code.
  • HB1010 – Purpose: repeal the tree nursery reserve fund.
    This repeals § 41-22-4. House Appropriations testimony said this fund was no longer used. Another good cleanup of old code.
  • HB1016 – Purpose: repeal certain outdated or unnecessary statutes and administrative rules pertaining to the Department of Public Safety.
    This is one that repealed a lot of old code. I see Rep Kaiser voted no. On his Facebook page he had this to say why he voted no: “I voted no on HB 1016, it removed the following from state law : interstate motor carrier is subject to control of the department only to the extent permitted by the constitution of the united states.” That bit of code actually appeared to be a good check on the Dept of Public Safety.
  • HB1017 – Purpose: repeal certain outdated and unnecessary statutes related to the Department of Social Services.
    Another cleanup bill that removed a lot of code pertaining to the Dept of Social Services.
  • HB1018 – Purpose: revise certain provisions regarding the record-keeping process of child welfare agencies to the Department of Social Services.
    I don’t see any problems with this bill. It codified that childrens records at DSS be kept confidential.
  • HB1024 – Purpose: place certain substances on the controlled substances schedule and to declare an emergency.
    This was a bill I briefly mentioned in a post earlier this session. The bill adds more ‘designer drugs’ to the controlled substances schedule. Just an attempt to keep up the battles in a failed drug war. This is a bad bill that shows the current political environment in South Dakota doesn’t realize its continuing to push a failed policy.
  • HB1026 – Purpose: provide for the transfer of the state’s interests in the Webster National Guard armory and underlying land to the city of Webster.
    I think its great the state gave the armory and land to the city of Webster. Seems like a good bill passed into law.
  • HB1027 – Purpose: provide for the transfer of the state’s interests in the Watertown National Guard armory to the city of Watertown.
    Just as with the Webster bill, this looks like a good bill passed into law.
  • HB1032 – Purpose: revise certain provisions regarding children placed in residential treatment centers or intensive residential treatment centers.
    This seems to clean up language and clarify the existing language.
  • HB1035 – Purpose: provide certain provisions relating to the executive branch internship program.
    This created an internship program for the Bureau of Human Resources. I don’t see a problem with this. I personally think internships are great in any industry (including governmental).
  • HB1037 – Purpose: authorize the Transportation Commission to establish limited speed zones on nonstate trunk highways under the jurisdiction of the Department of Transportation.
    This is one I actually listened to testimony on, and thought Kaiser did a good job opposing it in committee. Here is Kaiser’s Facebook reason for voting no on the bill when it hit the floor vote: “I voted no on HB 1037, an act to allow the DOT to establish speed zones on certain roads. The proponents of this bill pointed out area’s in SD where speed limit signs had been posted and presumably enforcement and arrests have occurred, however they pointed out the state never had the authority of post the speed limits, so the state has been illegally enforcing laws on the public and now wanted to pass this law. Now that the law has passed, the illegal activity by the state will be hidden.” This looks like the legislature trying to cover up for illegal activity of the State. I’m glad Kaiser was able to bring that up, otherwise we might not have realized it!
  • HB1044 – Purpose: authorize limited cosmetology services outside of a licensed salon or booth.
    This bill seems to clean up the language already there. Just another cleanup bill.
  • HB1047 – Purpose: revise various trust and trust company provisions.
    Most of this bill seems to be language cleanup. Plus it seems to add some clarification language.
  • HB1048 – Purpose: repeal certain provisions regarding property and casualty insurance.
    Another cleanup bill that removed sections of code no loner necessary.
  • HB1049 – Purpose: establish and revise certain provisions regarding the South Dakota Athletic Commission.
    I have mixed feelings on this one. As a fan of MMA I am glad we are one step closer to big MMA events in South Dakota. Last year the commission was created, but the legislature failed to give them any power. But now this law may give them too much power. This from Kaisers Facebook page: “I voted no on HB 1049, revise provisions regarding athletic commission. This bill gives bureaucrats the ability to make rules (with fines). They will have the ability to deny location requests of where the games will be held. I think too much power in the hand of bureaucrats.”
  • HB1053 – Purpose: revise certain provisions regarding the regulation of insurance rating organizations.
    This seemed to be a lot of cleanup and some code modification. I see Rep Greenfield and Rep Latterell voted no on the House Floor. Rep Greenfield also voted no in the Commerce and Energy committee. During committee an amendment did a small fix by making sure the ‘director shall’ issue a licence, instead of just may. That removed the ability of the director make arbitrary judgments to issue a license. I’m not really sure of the reasons for the no votes.
  • HB1055 – Purpose: revise certain provisions regarding references to the Internal Revenue Code.
    This bill fixed references to IRS code from 2013 to 2014. It seems aimed at nonprofits. Just code updating.
  • HB1057 – Purpose: repeal certain provisions imposing the inheritance tax and the estate tax.
    This bill removed a lot of old code that is no longer needed. It had been left over to deal with the taxes in question after they were repealed because it was needed to handle the tax for so many years after its repeal. Now its at the point all of the old code can be removed. Just a simple cleanup law.
  • HB1070 – Purpose: sunset certain tax refund claims for an economic development incentive program that has been previously terminated and to declare an emergency.
    The program in question ended a couple of years ago. This bill says anyone submitting a claim from that program has until May2014 to make their claim. Any money unclaimed will go the general fund for FY2015. Rep Nelson and Rep Russel voted Nay. Since it’s a bill that has little interest  to me, I didn’t bother trying to find out why the no vote.
  • HB1080 – Purpose: clarify that emergency personnel driving records are not to include motor vehicle accidents resulting while engaged in the performance of their official duties.
    Another cleanup bill. Most of the cleanup makes the laws language more concise.

Since these bills were passed in the first half of session there are a lot of ‘cleanup’ bills. That is actually what I like to see. I hate it whenever the legislators in Pierre ‘take action’. It seems like any time a government body takes action that a little bit of liberty is lost. The couple of bills above that I don’t like are examples of that…

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