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

Bills on the SD Senate floor for Tues Feb 10

February 10, 2015
Walking up to the Capital building. Photo by Ken Santema 01/22/15

Walking up to the Capital building. Photo by Ken Santema 01/22/15

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

A couple of bills were missed in yesterday’s 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

SB 126 SoDakLiberty Posts – Revise certain publications date citations for references to the International Building Code and International Property Maintenance Code.

SB 137 – SoDakLiberty Posts – Revise certain provisions regarding the term of the Executive Board of the Legislative Research Council.

SENATE BILLS AND JOINT RESOLUTIONS

SB 91 – SoDakLiberty Posts – Make an appropriation to support the South Dakota need-based grant program.

This was amended by Senate Appropriations from $200,000 down to $1. It then passed the committee 8-0. This would appropriate funds for the Board of Regents to use for the South Dakota need-based grant fund.

SB 92 – SoDakLiberty Posts – Make an appropriation to support the South Dakota critical teaching needs scholarship program.

This was amended by Senate Appropriations from $200,000 down to $1. It then passed the committee 8-0.

SB 136 – SoDakLiberty Posts – Exclude certain municipal taxes from the gross receipts used to determine the tax liability for customers served by electric cooperatives.

This bill was gutted by Senate Tax. It passed the committee 6-1 after being hoghoused. The new bill seems to do about the same thing, just in a different way.

SB 81 – SoDakLiberty PostsRequire persons convicted of driving a vehicle while under influence of alcohol, drugs, or intoxicants to pay certain costs to the county.

This passed Senate Local Government 5-0. Here is what I previously said about the bill: “This would add an additional fifty dollar penalty for driving under the influence cases. This money would go to the clerk of courts and given to the county treasurer for use in the counties general fund. Finally, if the fifty dollar fee isn’t paid, it is “punishable by contempt proceedings”. Is this a new way for counties to raise revenues?”

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

* Deferred again yesterday!

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

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

* Deferred from yesterday!

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.

HOUSE BILLS AND JOINT RESOLUTIONS
* Refer to Daily Reader for engrossed (amended) bill

HB 1001 – SoDakLiberty Posts – Establish a wine direct shipment license and wine carrier license to enable the direct shipments of certain wine in South Dakota.

This bill just passed out of Senate State Affairs 8-0. Here is what I said about the bill prior to its Senate committee hearing:

This bill passed House Taxation 13-1 and the House floor 65-2. I do think the move to legally allow direct wine shipment in SD is a good move (many people in SD have found ways around the law). But the provision of the ID being checked upon delivery makes this new law too burdensome. Other states are able to do this without placing that burden on parcel delivery services.

HB 1004 – SoDakLiberty Posts – Authorize the direct sale of distilled spirits from artisan distillers to retailers and wholesalers.

This is a bill I am excited about. Partly because I am a fan of whiskeys… and partly because I am looking to become an artisan distiller. This bill passed House Taxation 10-4 and the House floor 60-7. It then went through Senate State Affairs with no opposition. Here is what I said about the bill before its Senate committee hearing:

This bill would allow artisan distillers to get their product out the market. There are a lot of restrictions for these artisan distillers included in the bill.  As a fan of whiskey I truly would love to see this change happen. Current law makes it hard for artisan distillers to get started. This would make artisan distillers to use a program that is almost exactly like the artisan wineries.

HJR 1001 – SoDakLiberty Posts – Making formal application to Congress to call an Article V convention of the states for the sole purpose of proposing a federal balanced budget amendment.

I really hoped this would die in the Senate State Affairs committee. This bill passed House State Affairs 9-3 and the House floor 39-30. It then eeked through Senate State Affairs 5-3. I am outright opposed to this bill and its sister bill HB 1069. My House State Affairs committee post for Jan 26 explains why. But basically an Article V convention has far more risks than potential gains.

HB 1069 – SoDakLiberty Posts – Limit the authority of delegates to a limited Article V convention to vote for unauthorized amendments contrary to legislative instructions and to provide a civil fine for the violation thereof.

This is another bill I hoped would die in Senate State Affairs. This bill had an amendment in House State Affairs to fix a reference to the HJR. This bill passed House State Affairs 9-3 and the House floor 38-31. Senate State Affairs passed it 8-0. I am outright opposed to this bill and its sister bill HJR 1001. My House State Affairs committee post for Jan 26 explains why. But basically I do not believe delegates can have their authority limited in an Article V convention.

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

* Deferred from yesterday!

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 yet again yesterday!

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 yet again yesterday!

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 yet again yesterday!

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 yet again yesterday!

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 yet again yesterday!

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 yet again yesterday!

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 yet again yesterday!

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 9 – SoDakLiberty Posts – Commending and honoring the 2014 Habitat for Humanity–South Dakota Habitat Supporters of the Year.

SC 10 – SoDakLiberty Posts – Honoring the Howard High School Football Team for its 2014 9A State Championship.

SC 11 – SoDakLiberty Posts – Honoring the Madison High School Boys Basketball Team for its 2014 Boys State A Basketball Championship.

SC 12 – SoDakLiberty Posts – Commending and honoring Chris Esping, a member of the Vermillion School District Board of Education, on her selection as the Associated School Boards of South Dakota Outstanding School Board Member of South Dakota for 2014.

HC 1012 –  SoDakLiberty Posts – Congratulating and commending the Hamlin High School football team for winning the 2014 State 9B Football Championship.

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