Home > 2015 SD Legislative Session > Bills on the SD Senate floor for Mon Feb 9

Bills on the SD Senate floor for Mon Feb 9

February 9, 2015
Sen Brock Greenfield speaking Aberdeen at a legislative cracker barrel. Photo by Ken Santema 02/07/15.

Sen Brock Greenfield speaking Aberdeen at a legislative cracker barrel. Photo by Ken Santema 02/07/15.

Here are the bills on the SD Senate floor for Monday, February 9, which begins at 2:00 PM central.

CONSENT CALENDAR ITEMS

SB 107 – SoDakLiberty Posts – Increase the period an instructor permit is valid and to revise the requirements to upgrade to an operator’s licence or a restricted minor’s permit.

HB 1071 – SoDakLiberty PostsRevise the number of signatures required for a nominating petition for sanitary district trustees.

HB 1104 – SoDakLiberty PostsRevise certain provisions regarding the notification procedure for payment of delinquent special assessments.

SENATE BILLS AND JOINT RESOLUTIONS

SB 168 – SoDakLiberty Posts – Establish a legislative task force to study elder abuse in South Dakota.

This bill was amended in Senate Retirement Laws to change the task force from being 11 members to 15 members. It also had an auto-repeal section added for Dec 31, 2016. The amended bill passed the committee 5-0. With so much attention on this topic this bill should pass easily. My only question is if this is the problem that should be a focus of the State right now. I can think of many more problems that much more rampant.

SB 86 – SoDakLiberty PostsPlace a term limit on the office of poet laureate.

This bill was slightly amended in Senate Ed and then passed 7-0. Can’t really say I have an interest in this bill…

SB 118 – SoDakLiberty Posts – Provide additional transparency for prescription drug plans.

This bill was substantially amended in Senate Commerce and passed that committee 7-0. I’ll have to listen to that hearing in order to find out why the amendments were done.

SB 120 – SoDakLiberty Posts – Revise certain provisions regarding special alcoholic beverage licenses issued in conjunction with special events and to declare an emergency.

This bill was hoghoused in Senate Commerce. The new version of this bill seems much more straightforward in allowing a special off-sale package wine dealers or malt beverage dealers license for use in certain special events. The committee also added an emergency clause so it could take effect after being passed into law. The amended bill passed through Senate Commerce 7-0.

SB 110 – SoDakLiberty Posts – Revise the authority granted to the Building Authority and to the Board of Regents to construct an information system building on the campus of Dakota State University in Madison.

This bill passed Senate Appropriations 8-0. This raises the appropriated funds for construction from $10,000,000 to $11,4000,000.

Sen David Novstrup speaking at an Aberdeen legislative cracker barrel. Photo by Ken Santema 02/07/15.

Sen David Novstrup speaking at an Aberdeen legislative cracker barrel. Photo by Ken Santema 02/07/15.

SB 172 – SoDakLiberty Posts – Strengthen the financial practices of the State of South Dakota.

This bill passed Senate Appropriations 8-0. I still haven’t listened to the testimony to understand this bill.

SB 124 – SoDakLiberty Posts – Revise the requirements for a petition for a minor boundary change.

This was scheduled to be on the Consent calendar last Friday, but was removed. The bill passed Senate Ed 7-0.

SB 64 – SoDakLiberty PostsRevise certain provisions regarding the registration of business names.

* Deferred from last Friday!

Here are my original comments on this bill:

This bill requires non-profit companies to file a fictitious name statement with the state just like for-profit companies have to. Actually this change makes sense. I can’t think of why non-profits would have been treated different in this case.

This bill was amended in committee to remove the references to “for-profit” and “nonprofit” and just saying business (which would include both kinds already). The bill was also amended to remove the Class 2 misdemeanor for failing to file a fictitious name statement. The amended bill passed Senate Local Government 6-1. As amended this appears to be a good bill. It basically treats all businesses the same under this law.

SB 135 – SoDakLiberty Posts – Authorize municipalities to impose an additional sales and use tax for a limited period of time for a specified use.

* Deferred from last Friday!

This will be a fun one to watch on the Senate floor. Basically this bill would allow municipalities to propose and citizens to vote on a one cent sales tax increase to be used for a specific project. The tax would be time and dollar limited. In committee this bill was amended to add the provision that if the Governor declares a state of fiscal emergency in SD and the State sales tax goes, then this municipality tax can no longer be used. After being amended this bill passed State Affairs 6-2.

SB 98 – SoDakLiberty Posts – Revise the provisions related to the financial accountability system.

* Deferred from last Friday!

This bill passed Judiciary 5-1. Much of this seems to be wording clarification. But I still haven’t listened to the committee testimony to find out the driving factor behind this bill.

SB 108 – SoDakLiberty Posts – Revise certain provisions relating to aggravated DUI’s.

* Deferred from last Friday!

Here are my notes about the bill from prior to the committee meeting:

 Currently if a person is being convicted for a sixth offense (or more), with at least five of them in the last 25 years, then the person wis in violation of an aggravated offense and guilty of a Class 4 felony. This bill would add the stipulation that at least two of the prior convictions must be in the last ten years. There also seems to be some wording cleanup.

It passed Judiciary 6-0.

SB 100 – SoDakLiberty Posts – Create a leased residential property classification and to establish the school district general fund levy for the property classification.

* Deferred from last Friday yet again!

This bill passed Senate Taxation 4-3. This might be an interesting one to listen to on the Senate floor.

Sen Jason Frerichs speaking in Aberdeen at a legislative cracker barrel. Photo by Ken Santema 02/07/15.

Sen Jason Frerichs speaking in Aberdeen at a legislative cracker barrel. Photo by Ken Santema 02/07/15.

HOUSE BILLS AND JOINT RESOLUTIONS

HB 1055 – SoDakLiberty PostsRepeal certain outdated and unnecessary statutes and administrative rules related to the Department of Agriculture.

This bill was amended in House Ag and now in Senate Ag. It passed House Ag and the House Floor. It passed in Senate Ag 8-1. The bill originally had 59 sections repealing code. The amended version has 54 sections repealing code.

HB 1058SoDakLiberty Posts –  Revise certain provisions regarding contagious disease control quarantine measures and to declare an emergency.

* Deferred from last Friday yet again!

The bill passed the House Health committee 8-5.

It was then amended on the House floor to make it more specific to “middle east respiratory syndrome (MERS), severe acute respiratory syndrome (SARS), smallpox, or viral hemorrhagic fevers”. The emergency clause was also removed at that time. Removing the emergency clause was expected. Without the emergency clause the bill would only need a simple majority to pass the House floor.

After being amended the bill passed the House floor by a vote of 41-27.

It passed Senate Health 5-1.

I expect this to pass the Senate floor. There are a lot of concerns that this bill gives too much power to DOH. I understand those concerns, but I think DOH already has overly broad powers.

HB 1059SoDakLiberty PostsAllow authorized entities to access immunization information in certain circumstances.

* Deferred from last Friday yet again!

Many people have gotten worked up about this bill because of the change from may to shall. Personally I don’t think this change actually has any impact. This did not allow any new sharing of immunization records. I understand many people don’t like this law, but fighting this bill won’t change the law. That would need to be done with a separate bill to repeal the current law.

This bill passed the House Health committee 8-5.

It was then amended on the House floor with the following addition:

The provider shall verbally notify the patient, or if the patient is a minor, the patient’s parent or guardian of the patient’s ability to refuse to permit immunization information to be shared.

That amendment was able to get this bill passed on the House floor 45-24. But from what I hear this amendment has not pacified those angry about this bill. All this amendment did was say the provider must give verbal notification. I really think amending this bill with a written opt-in would have pacified many detractors. But there is no way the DOH would want to cede that much power…

The bill made it through Senate Health 4-2.

I really don’t think it will be held up in the Senate, but there might be some hot debate.

HB 1063 – SoDakLiberty PostsRevise the notice provisions for the name change of a minor child.

* Deferred from last Friday yet again!

This bill passed House Judiciary and the House floor with no opposition. It passed Senate Judiciary 6-1. This one appears to make sure that the other parent of a child is notified when there will be a name change for a child.

HB 1043SoDakLiberty Posts – Repeal certain outdated and obsolete provisions regarding the Department of Education.

* Deferred from last Friday yet again!!

This bill was amended in House Ed. After that it passed House Ed and the House floor with no opposition. It passed Senate Ed 5-2.  This bill appears to repeal outdated code.

HB 1057 – SoDakLiberty PostsMake an appropriation to reimburse certain eligible health care professionals who have complied with the requirements of the rural health care facility recruitment assistance program and to declare an emergency.

* Deferred from last Friday yet again!

This was amended in House Appropriations and passed 8-0. It then passed the House floor and Senate Appropriations with no opposition. The bill originally appropriated $302,500 for use with the rural health care facility recruitment assistance program. This bill was amended in House Appropriations down to the amount of $260,000.

HB 1051 – SoDakLiberty PostsRevise various trust and trust company provisions.

* Deferred from last Friday yet again!

This bill passed House State Affairs, the House Floor, and Senate State Affairs with no opposition.

HB 1013 – SoDakLiberty Posts – Revise certain provisions related to social work licensure.

* Deferred from last Friday yet again!

This bill has met with opposition. It passed 12-1 in the House Health, 40-27 on the House Floor, and 4-1 in Senate Health. This bill needs to be defeated. It uses the force of state government to impose the wishes of a protectionist special interest group. It also prevents potentially good social workers from actually performing the job.

LEGISLATIVE COMMEMORATIONS

SC 8 – SoDakLiberty Posts – Honoring the 2015 South Dakota Boys & Girls Clubs of America’s Youth of the Year finalists.

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