Home > 2015 SD Legislative Session > Bills on the SD Senate floor for Thurs Feb 12

Bills on the SD Senate floor for Thurs Feb 12

February 11, 2015
SD Senate floor. Photo by Ken Santema 02/11/15.

SD Senate floor. Photo by Ken Santema 02/11/15.

Here are the bills on the SD Senate floor for Thursday, February 12, which begins at 1:00 PM central.

Since it is the last day of the week, most (if not all) of these bills will be deferred until next Tuesday.

MOTIONS AND RESOLUTIONS

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.

Consideration of House Amendment HJ p 243

This bill passed both houses unopposed. It is only being taken up again in the Senate to concur with a small amendment to the bill made in the House. I fully support this bill. Fraudulent raffles are a crime that has victims.

SCR 5 – SoDakLiberty Posts – Supporting a stronger South Dakota-China relationship.

I really don’t care about this one. At least it doesn’t support TPP.

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1091 – SoDakLiberty PostsRequire that the minutes of meetings of any state board or commission include a record of how each individual member voted on certain motions.
HB 1098 – SoDakLiberty PostsAuthorize extended terms of lease for airport facilities.
HB 1035 – SoDakLiberty Posts – Revise certain provisions regarding military specialty plates.
SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 183 – SoDakLiberty Posts – Revise the voting requirements regarding the issuance of bonds by public bodies and capital outlay certificates by school districts.

This bill passed Senate Local Government 4-3. This would drop the requirement of sixty percent in favor of issuing a bond down to fifty-five percent. This bill appears to be trying to make it issue to get bonds passed.

SB 159 – SoDakLiberty Posts – Exempt certain amateur sports coaches from sales and use tax.

This passed Senate Tax 4-3, after failing a 3-3 vote. I really haven’t looked into this one.

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

* Deferred again yesterday!

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.

* Deferred again yesterday!

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.

* Deferred again yesterday!

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

* Deferred again 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.

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

HB 1085 – SoDakLiberty PostsRevise certain provisions regarding the requirement for performance securities.

* Deferred from yesterday!

This bill passed House Commerce, the House floor, and Senate commerce with no opposition. This bill appears to be language clarification.

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.

* Deferred again yesterday!

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 again 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 13 – SoDakLiberty Posts – Honoring South Dakota’s Army and Air National Guard outstanding personnel winners.

SC 14 – SoDakLiberty Posts – Commending the South Dakota Army National Guard’s l15th Signal Company, Brookings, South Dakota, on being awarded the General of the Army Dwight D. Eisenhower Trophy.

SC 15 – SoDakLiberty Posts – Honoring the Dakota Valley High School Dance Team for winning the 2014 Class A Dance Grand State Title for the fifth year in a row.

HC 1014 –  SoDakLiberty PostsCommending and honoring the community of Wagner, South Dakota, for its celebration of 115 years of hosting the Wagner Labor Day festivities.

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