Home > 2015 SD Legislative Session > Bills on the SD Senate floor for Weds Feb 11

Bills on the SD Senate floor for Weds Feb 11

February 11, 2015
SD Senate floor. Photo by Ken Santema 02/10/15.

SD Senate floor. Photo by Ken Santema 02/10/15.

Here are the bills on the SD Senate floor for Wednesday, February 11, which begins at 2:00 PM central.

Since I am actually in Pierre for a couple of days I did not have time to do the committee posts; and will not have time to do those posts for tomorrows committee meetings. This weekend I will create posts looking at the bills that came up today and will come up tomorrow in committee.

MOTIONS AND RESOLUTIONS

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.

This bill barely failed on the Senate floor yesterday 17-15, with three excused. The legislators pushing for this bill will try to get that extra vote needed today.

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.

SECOND READING OF CONSENT CALENDAR ITEMS

Executive reappointment of: Robert H. Hartford to the SD Lottery Commission

SB 154 – SoDakLiberty Posts – Require that certain employees of the Department of Veterans Affairs be veterans.

HB 1033 – SoDakLiberty Posts – Repeal the South Dakota Energy Infrastructure Authority.
HB 1034 – SoDakLiberty Posts – Repeal certain outdated and unnecessary statutes related to the Wind Energy Competitive Advisory Task Force.
HB 1006SoDakLiberty Posts – Allow bullheads to be used as bait.
HB 1039 – SoDakLiberty Posts – Revise certain provisions related to the regulation of grain buyers and grain warehouses.
HB 1040 – SoDakLiberty Posts – Revise the statute of frauds within the uniform commercial code with respect to the sale of pulse crops.
HB 1056 – SoDakLiberty PostsRevise certain provisions regarding the Department of Agriculture.

SENATE BILLS AND JOINT RESOLUTIONS

SB 169 – SoDakLiberty Posts – Provide medical care for certain unborn children.

This bill was amended in Senate Health and then passed 4-1. The amendment took away the words “unless the abortion is necessitated by a medical emergency as defined in subdivision” where the act forbids this program to be used for abortion.

SB 190 – SoDakLiberty Posts – Clarify health coverage for applied behavior analysis.

This bill was amended twice in Senate State Affairs and passed that committee 9-0. For more on this bill see my pre-committee post. This is a mandate on certain health plans to cover ABA. No matter how sympathetic I am to parents of children with Autism spectrum disorder, I cannot support another mandate.

SB 1 – SoDakLiberty PostsRevise certain taxes and fees to fund improvements to public roads and bridges in South Dakota.

This is Senator Vehle’s version of the transportation funding. It had 6 amendments in Senate State Affairs, plus a title amendment, and passed that committee 9-0. I have a separate post I’m working on looking at this bill which should be done this weekend.

SB 132 – SoDakLiberty Posts – Allow school districts to recruit or retain teachers by providing certain financial incentives.

This bill passed Senate Ed 4-1. Here are my pre-committee notes on the bill:

This bill would allow school districts to sign a contract that included a signing bonus, moving expenses or tuition reimbursement. This can be done in one lump sum after the teachers first year of employment, or installments over a max of three years. One caveat is that the incentives offered by this bill cannot be negotiated by a “designated collective bargaining representative.” So teachers have to negotiate this on their own, and not through a union. It also has a provision that allows school districts to raise the teachers pay to match the pay of a job the teacher was offered elsewhere. I really like the first part of this bill. Such incentives may help recruit teachers.

SB 129 – SoDakLiberty Posts – Revise provisions relating to trespass associated with hunting, fishing, or trapping.

This bill passed Senate Ag 8-0. This bill appears to be going after people who hunt, fish, or trap knowingly on private land they don’t have permission to be on.

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

* Deferred from 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 from 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 from 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.

HOUSE BILLS AND JOINT RESOLUTIONS

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

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 from 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

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.

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