Home > 2015 SD Legislative Session > Bills on the SD House floor for Tues Feb 10

Bills on the SD House floor for Tues Feb 10

February 10, 2015
Representative Novstrup speaking in Aberdeen. Photo by Ken Santema 01/24/15.

Representative Novstrup speaking in Aberdeen. Photo by Ken Santema 01/24/15.

Here are the bills on the SD House floor for Tuesday, February 10, which begins at 2:00 PM central.

A couple of bills were missed in yesterdays post (and potentially other days). I apologize. The app I made to bring the bills over had a flaw that has now been fixed.

CONSENT CALENDAR ITEMS

HB 1148 – SoDakLiberty PostsRequire that the annual report of a school district contain certain information regarding school district fund balances.
HB 1178 – SoDakLiberty PostsProvide for the creation of an entity for the purpose of insurance contracts in certain instances.
HB 1142 – SoDakLiberty Posts – Revise certain provisions pertaining to the age requirements for sex offender registry registration.

HOUSE BILLS AND JOINT RESOLUTIONS

HB 1179 – SoDakLiberty PostsRevise the definition of a veteran.

* Deferred from yesterday!

This bill passed the House State Affairs committee 7-3. Before the committee meeting I thought it was a good bill, and still do. At the Aberdeen legislative cracker barrel over the weekend this came up as a topic. There are some veterans (by the current definition) who are downright pissed that certain people removed the military would be able to use the term veteran. I do agree some of that would happen with the new definition. It would also include those who served in national guard and reserve and never activated for deployment. I think that is appropriate. Whether they actually got deployed doesn’t change the fact they signed up and were willing to put their lives on the line.

HB 1188 – SoDakLiberty PostsMake an appropriation to the Department of Environment and Natural Resources to develop a hydrologic model of the lower Big Sioux River Basin in southeast South Dakota and to declare an emergency.

This bill was amended in House appropriations. Originally the bill appropriated $500,000 for this. As Appropriations likes to do with such bills, they put the amount down to $1 so the bill could proceed and the actual dollar amount can be negotiated later. It then passed House appropriations 9-0.

HB 1191 – SoDakLiberty PostsMake an appropriation for the jobs for America’s graduates program and to declare an emergency.

This was amended to change the appropriated amount down to $1, from $925,000. It then passed House appropriations 9-0.

HB 1192 – SoDakLiberty PostsMake an appropriation for the protection and enhancement of wildlife habitat and to declare an emergency.

This was amended to change the appropriated amount down to $1, from $1,500,000. It then passed House appropriations 9-0.

HB 1094 – SoDakLiberty PostsRevise certain provisions regarding the annual minimum wage adjustment.

This bill was amended in House Commerce to replace the word “increase” to “change”. It then passed the committee 7-4. The bill makes one change to the minimum wage increase passed by the voters last fall. It strikes the  words “In no case shall the minimum wage be decreased”. That means the minimal wage could in fact go down while being tied to the CPI. I still think tying any law, including the minimum wage, to an index such as the CPI is just bad policy. Unfortunately though that is what was passed by the voters last fall.

HB 1105 – SoDakLiberty PostsProvide for an affidavit creating a rebuttable presumption that a person is not an employee for purposes of workers’ compensation and to provide a penalty therefor

This bill was amended in House Commerce and passed that committee 10-1.

Rep Kaiser speaking in Aberdeen. Photo by Ken Santema 01/24/15.

Rep Kaiser speaking in Aberdeen. Photo by Ken Santema 01/24/15.

HB 1116 – SoDakLiberty PostsRepeal and revise certain provisions relating to the requirements for a permit to carry a concealed pistol.

This one barely made it out of State Affairs with a vote of 7-5. This is a true constitutional carry bill.

HB 1195 – SoDakLiberty PostsDeclare void the transgender policy of the South Dakota High School Activities Association and to establish a determinant in identifying a student’s sexual identity for the purpose of participation in high school athletics.

This passed out of State Affairs 10-2. I’m no fan of the SDHSAA. But, it is probably time for the legislature to realize that transgendered individuals are a part of the modern world. No amount of laws are going to change that. This bill being passed into law isn’t going to change that. If the legislature wants to go after SDHSAA there are plenty of other areas to do that on.

HJR 1002 – SoDakLiberty PostsMaking a formal application to the President of the United States, that the President grant a presidential pardon to Peter L. Larson.

This passed out of State Affairs with no opposition. There are some who believe the charges against Larson were politically motivated. If that is indeed true I would say this is a good resolution.

HB 1180 – SoDakLiberty PostsRevise certain provisions regarding the regulation of captive

This passed House Commerce 12-0. I haven’t had time to research this bill further or listen to the testimony yet.

SENATE BILLS AND JOINT RESOLUTIONS

SB 61 – SoDakLiberty Posts – Place certain substances on the controlled substances schedule and to declare an emergency.

*Deferred yet again yesterday!

This bill passed the Senate Health and Human Services, Senate floor, and House Health and Human Services with no opposition. It was deferred on the House floor last Friday. Too bad. This expands the list of things people cannot do with their own body and continues to make criminals out of people where there is no victim.

SB 34 – SoDakLiberty Posts – Revise certain provisions concerning the administration of benefits provided to veterans and to declare an emergency.

*Deferred yet again yesterday!

This bill passed Senate State affairs, the Senate floor (where it was amended to add an emergency clause), and the House State Affairs with no opposition.

SB 14 – SoDakLiberty Posts – Provide for the possession and administration of opioid antagonists by first responders for the treatment of drug overdoses.

*Deferred yet again yesterday!

This bill passed Senate Health, the Senate floor, and House Health with no opposition.

Rep Lana Greenfield speaking in Aberdeen. Photo by Ken Santema 01/24/15.

Rep Lana Greenfield speaking in Aberdeen. Photo by Ken Santema 01/24/15.

SB 15 – SoDakLiberty Posts – Allow for discretionary appeals of illegal sentences.

*Deferred yet again yesterday!

This bill passed Senate Judiciary, the Senate floor, and House Judiciary with no opposition.

SB 18 – SoDakLiberty PostsEstablish certain administrative provisions regarding charitable raffles, lotteries, and bingo and to make violations of these provisions subject to the Deceptive Trade Practice and Consumer Protection Act.

*Deferred yet again yesterday!

This bill passed Senate Commerce and the Senate floor with no opposition. It was amended in House Judiciary and then passed 13-0. Here are my notes on the bill preceding the Senate committee hearing:

This bill is one of a few coming directly as a result of the crazy 2014 election (for anyone curious, just Google search ‘Bosworth raffle scam’). SB 18 is at the request of the SD AG’s office. This bill adds a new section to code which includes:

  • Lotteries cannot continue for more than 18 months after the first ticket is sold.
  • If the drawing cannot be held at the 18 month mark, then all ticket holders should be notified that they can get a full refund.
  • If the purchasers do not notify that they want the refund within 180 days, then the money will be placed in the Unclaimed Property fund.

This is one of the few times I actually agree with money going to unclaimed property. At least the money can sit there, instead of in the pockets of anyone wishing to scam people via fraudulent raffles.

This bill also has a couple of minor language cleanups. I don’t see any reason the AG, Jackley, won’t get this one passed by the legislature. It would be interesting to sit in on the hearing if Bosworth chose to show up and speak against the bill though…

SB 46 – SoDakLiberty PostsMake an appropriation of other fund expenditure authority to the Department of Agriculture for the construction of the Nordby Exhibit Hall at the South Dakota State Fair and to declare an emergency.

* Deferred from yesterday!

This bill passed Senate Appropriations and the Senate floor with no opposition. The bill appropriates $700,000 for the Nordby Exhibit Hall.

SB 43 – SoDakLiberty PostsRevise certain provisions regarding lease purchase agreement payments and to ratify certain lease purchase agreements with the Health and Educational Facilities Authority.

This bill passed Senate Ed and the Senate floor with no opposition. It then had quite a substantial amendment in House Appropriations; where it then passed 9-0. This bill appears to be clarifying the lease payments made by the legislature for education buildings.

LEGISLATIVE COMMEMORATIONS

HC 1013 –  SoDakLiberty Posts – Commending and honoring the Sioux Valley School District Board of Education on receiving the Associated School Boards of South Dakota School Board Award of Excellence for 2014.

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

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