Home > 2015 SD Legislative Session > Bills on the SD Senate floor for Tues Feb 17

Bills on the SD Senate floor for Tues Feb 17

February 17, 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 Tuesday, February 17, which begins at 2:00 PM central.

Today’s post is especially long. Part of that is because the Senate keeps deferring House Bills. The other reason is I missed some committee posts last week, so there are some appropriation bills that took extra space.

MOTIONS AND RESOLUTIONS

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

* Deferred from last Thursday!

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

SECOND READING OF CONSENT CALENDAR ITEMS

Reappointment of: Roger P. Novotny South Dakota Lottery Commission

SB 182 – SoDakLiberty Posts – Revise the rate of interest for late payment of certain taxes.

HB 1044SoDakLiberty Posts – Revise certain provisions regarding educational personnel certification and discipline.

HB 1068 – SoDakLiberty PostsRevise when a court can grant a cross credit on child support.

HB 1037 – SoDakLiberty Posts – Revise certain provisions related to the regulation of public utilities.

HB 1038 – SoDakLiberty Posts – Revise certain provisions related to the siting of energy facilities.

HB 1052 – SoDakLiberty PostsRevise certain provisions regarding the regulation of insurance holding companies.

HB 1084 SoDakLiberty PostsExpand collateral eligible to be pledged as security for public deposits.

HB 1088 – SoDakLiberty PostsPermit procurement of certain disability insurance from a non-admitted insurer.

HB 1111 – SoDakLiberty PostsIncrease the costs and expenses considered reasonable for the collection of certain dishonored checks.

HB 1132 – SoDakLiberty PostsRevise certain provisions regarding the titling of motor vehicles, boats, mobile homes, and manufactured homes and the issuance of temporary permits by licensed dealers.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 128 – SoDakLiberty Posts – Revise certain provisions concerning the general requirements that vehicle owners must satisfy before applying for military plates.

This bill was amended in Senate Transportation and pass that committee 7-0. Current law says the person has to have a valid SD Drivers license. This bill would add the South Dakota nondriver identification card.

SB 90 – SoDakLiberty Posts – Require school districts to provide veterans a preference in employment.

This passed Senate Ed 5-0. Really? When there is a teacher shortage we are worried about getting veterans first in line? Is it a problem that veterans are not getting an interview when applying for a teaching position? (and I say that as a veteran).

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

This bill passed Senate Ed 7-0. It was then sent back to Senate Ed where it was amended and failed to pass by a vote of 3-2 (4 votes needed to pass).  The committee then reconsidered and it passed 5-0. The biggest change in this seems to be adding language for the “final plan for detachment”. I am too far out of my knowledge of area to comment further on this bill.

SB 192 – SoDakLiberty Posts – Permit the sergeant-at-arms to carry concealed firearms in the state capitol building under certain conditions.

This bill passed Senate Judiciary 5-2. I don’t see a problem with this bill.

** Interesting side-note. I had the opportunity to meet the Sergeant-at-arms in both houses last week. Apparently it makes leadership nervous when someone is going around taking constant pictures from the gallery. They send the sergeant up to find out who it is. Both sergeants were very nice and I had a nice conversation with them.

SB 170 – SoDakLiberty Posts – Increase legislator salary.

This passed Senate Appropriations 6-2. This bill would raise the legislator base pay from $6,000 to $10,000. This is a pay raise I do feel is in order. The increase in pay will make it easier for a variety of citizens to actually serve in Pierre. It also appears the pay raise would not take effect until the current term of office ends. So this pay raise would take effect in 2017.

SB 173 – SoDakLiberty Posts – Make appropriations from the water and environment fund, the water pollution control revolving fund subfund, and the drinking water revolving fund subfund for various water and environmental purposes, to revise the state water plan, to increase the authority of the South Dakota Board of Water and Natural Resources to make consolidated water facilities construction program awards, and to declare an emergency.

This bill passed Senate Appropriations 8-0. This actually has quite a few appropriations in it from the South Dakota water and environment fund. I was unable to do a committee posting when this his appropriations, so there is the long list of appropriations in this bill:

  • $7,700,000 to provide funds to the South Dakota Board of Water and Natural Resources for the purpose of providing a no-interest loan to local project sponsors as an advance on federal funds for the construction of facilities included in the Lewis and Clark Rural Water System
  • $250,000 to provide funds to the South Dakota Board of Water and Natural Resources for the purpose of providing grants to state and local project sponsors for hydrology and water management studies to assess, model, and quantify the state’s surface water and groundwater resources.
  • $16,500,000 to the South Dakota Board of Water and Natural Resources for the purpose of providing grants and loans to project sponsors under the consolidated water facilities construction program
  • $4,000,000  to the city of Clark, for the design and construction of a waste water treatment facility, a sanitary sewer interceptor, and sewer main.
  • $3,000,000 to the Big Sioux Community Water System, for the design and construction of water lines and a pump station to interconnect with the city of Madison and the Minnehaha Community Water Corporation.
  • $1,800,000 to the Minnehaha Community Water Corporation, for the design and construction of water lines to provide capacity to interconnect with the Big Sioux Community Water System and the city of Madison.
  • An increase from $1,000,000 to $2,000,000 to any project in the state water facilities plan without specific authorization of the Legislature.
  • $1,300,000 to the South Dakota Board of Water and Natural Resources for the purpose of providing grants and loans to project sponsors under the solid waste management program
  • $1,000,000 to the South Dakota Board of Water and Natural Resources for the purpose of providing grants and loans to project sponsors for the construction, remediation, enlargement, closure, or upgrade of regional landfills.
  • $1,000,000 to the South Dakota Board of Water and Natural Resources for the purpose of providing water quality grants under the state water pollution control revolving fund program
  • $150,000 to the South Dakota Board of Water and Natural Resources for the purpose of contracting for the preparation of applications and administration of clean water state revolving fund loans under the state water pollution control revolving fund program
  • $150,000 to the South Dakota Board of Water and Natural Resources for the purpose of contracting for the preparation of applications and administration of drinking water state revolving fund loans under the state drinking water revolving fund program
  • $250,000 to the South Dakota Board of Water and Natural Resources for the purpose of providing grants to very small community water systems to address drinking water compliance and public health issues.
  • $200,000 to the South Dakota Board of Water and Natural Resources for the purpose of providing small system technical assistance set-aside grants to project sponsors under the state drinking water revolving fund program

SB 178 – SoDakLiberty Posts – Revise certain programs and authorize certain projects in the Unified Judicial System and to make an appropriation therefor.

This bill passed Senate Appropriations 8-0. This bill appropriates $500,000 from the Unified Judicial System court automation fund to the Unified Judicial System for the purpose of providing incentive payments to attorneys participating in the rural attorney assistance program. The bill also increases the number of attorneys that can participate in the program from 16 to 32. The bill also has an appropriation of $300,000 for renovating the Supreme Court law library in the state capitol building. Another $100,000 is appropriated to award grants to counties for projects related to the improvement of courthouse security. Then another $400,000 to help address the negative cash balance in the law enforcement officers training fund.

Is it just me, or is more being done to address lawyer shortages than teacher shortages?

SB 179 – SoDakLiberty Posts – Revise certain provisions relating to record search fees in the Unified Judicial System.

This passed Senate Appropriations 7-1. This bill appears to increase the fee from $15 to $20. That extra $5 would go directly to the law enforcement officers’ training fund.

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

* Deferred from last Thursday!

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 easier to get bonds passed.

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

* Deferred from last Thursday!

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 last Thursday!

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 last Thursday!

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 last Thursday!

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.

SECOND READING OF HOUSE BILLS AND JOINT 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 died last week, and I wish it had stayed dead. On Weds of last week a motion to reconsider passed and the bill will be debated and voted upon again. Here is what I said the first time it came up on the Senate floor:

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 1130 – SoDakLiberty PostsProhibit an abortion provider from accepting payment for an abortion prior to the end of the required informed consent period.

This bill passed House Health 10-0. It passed the House floor 63-4. It was amended in Senate Health to remove the prohibition for a commitment of payment. I then passed Senate Health 6-0.

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

* Deferred from last Thursday!

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 last Thursday!

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 last Thursday!

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 last Thursday!

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 last Thursday!

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 last Thursday!

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 last Thursday!

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 last Thursday!

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 last Thursday!

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 last Thursday!

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 16 – SoDakLiberty Posts – Commending the South Dakota Air National Guard’s 114th Fighter Wing on being awarded the General Carl A. Spaatz Trophy.

SC 17 – SoDakLiberty Posts – Recognizing the 136th anniversary of the Fort Robinson Outbreak and commending the Annual Fort Robinson Memorial Breakout Run.

HC 1015 –  SoDakLiberty Posts – Honoring senior Chris Pollema of Dakota Valley High School on his academic success.

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