Home > 2015 SD Legislative Session > Bills on the SD Senate floor for Thurs Feb 19

Bills on the SD Senate floor for Thurs Feb 19

February 19, 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 Thursday, February 19, which begins at 2:00 PM central.

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1136 – SoDakLiberty PostsRevise certain provisions concerning the administration of unlocatable mineral, leasehold, or royalty interests.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 186 – SoDakLiberty Posts – Revise the procedure for the execution of a warrant.

This bill passed Senate Judiciary 6-0 after being amended. The amendment took out the new language that was to be added by the bill. Now the bill appears to clarify the words used in the law.

SB 2 – SoDakLiberty PostsProvide for the establishment of river basin natural resource districts.

This bill passed Senate Ag 6-3 after being amended. This bill would create nine river basin natural resource districts. I don’t think this bill should be passed. The districts don’t actually have any power at this point. The initial act just sets up the districts and provides a framework to expand their scope in the future. This will eventually create a new government bureaucracy that will work against the taxpayers.

SB 3 – SoDakLiberty PostsProvide for mediation of certain drainage disputes.

This bill passed Senate Ag 8-0. This is a bad bill. Such mediation does not need to happen at the sate level. Here in Brown County this is a huge issue. Our locally elected County Commission can continue to act in this capacity in Brown County. Let each county decide how best to handle situations where farmers are draining their fields onto neighbors land.

SB 141 – SoDakLiberty Posts –  Accommodate legislation on medical services.

This bill passed Senate State Affairs 9-0. The is probably the worse kind of bill a body can pass. This is a hoghouse vehicle bill. Meaning there is no actual content in the bill. It will simple be passed as is, and then sent to the other chamber. That will allow the bill to be filled in with legislation. Since the bill has already passed one chamber at that point, that means there will not be any public testimony for the bill on the Senate side. If the legislature really feels a bill is important they need to have it ready on time and not use hoghouse vehicle bills in this way!

SB 142 – SoDakLiberty Posts – Enhance South Dakota.

This bill passed Senate State Affairs 9-0. The is probably the worse kind of bill a body can pass. This is a hoghouse vehicle bill. Meaning there is no actual content in the bill. It will simple be passed as is, and then sent to the other chamber. That will allow the bill to be filled in with legislation. Since the bill has already passed one chamber at that point, that means there will not be any public testimony for the bill on the Senate side. If the legislature really feels a bill is important they need to have it ready on time and not use hoghouse vehicle bills in this way!

SB 191 – SoDakLiberty Posts – Revise certain provisions regarding capital outlay certificates and lease purchase agreements of school districts and the pledge of foundation program aid to secure such obligations.

This bill passed Senate State Affairs 9-0. I haven’t listened to the testimony on this one yet. The bill seems to make a lot of substantial changes. It warrants further scrutiny.

SB 131 – SoDakLiberty Posts – Establish certain provisions regarding stray electrical current and voltage remediation.

* Deferred from yesterday!

This bill passed Senate Agriculture and Natural Resources 8-0. After listening to testimony I still don’t see why this bill is necessary. It appears to attempt fixing a problem that doesn’t exist.

SB 109 – SoDakLiberty Posts – Establish a grant program for adult community residential services designed to reduce the risk of recidivism, to provide a report to the Legislature, and to make an appropriation therefor.

* Deferred from yesterday!

This bill passed Senate Appropriations 8-0 after being amended. Before being amended, this bill appropriated $250,000 to fund the alternative care program being created by this bill. In addition, $4,000 of that money can be used for administration of the fund. The amendment changed the appropriated amount down to $1; which is what appropriations does with a bill to advance it and the amount can be determined during the final appropriations process.

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

* Deferred again yesterday!

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

* Deferred again yesterday!

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.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1081 – SoDakLiberty PostsRepeal certain provisions regarding county officials and the board of county commissioners.

Here are my notes about the bill prior to the Senate Local Government committee hearing (which passed the bill 4-3):

This bill was amended in House Local government, where it passed without opposition. It only had three no votes on the house floor. This bill would allow counties to reimburse travel expenses at rates higher than the State sets. I understand this was an issue here in Brown County when gas prices kept going up. This bill also removes the requirement that county commissioners must visit county jails at least once a year.

HB 1080 – SoDakLiberty PostsAuthorize the use of investigational treatments for patients under certain conditions and to restrict certain causes of action arising from investigational treatment.

This bill passed Senate Health and Human Services 6-0. Here are my notes prior the Senate Health hearing (which I stick with):

This is an interesting bill. It would allow a doctor to treat a patient that has a currently untreatable condition using an “Investigational drug, biological product, or device”. The investigational treatment must have passed phase one of a clinical trial, but does not need to have been approved yet by the FDA. I like this bill. It makes no sense to hold up a potentially life-saving treatment (or at least symtom-reducing treatment) on a terminal patient that has no other options. I believe this decision should be up to the patient and doctor. The FDA only gets in the way in such situations. And, as the bill states, phase one of clinical trials have to be completed; so these investigational treatments aren’t just a whim of a doctor or medical company.

HB 1089 – SoDakLiberty PostsBan the practice of female genital mutilation in the state, to provide a penalty therefor, and to declare an emergency.

This bill passed House Health 12-0 and the House floor 61-6. It passed Senate Health and Human Services 6-0. Here is what I said prior to the Senate Health hearing and stick with:

At this point I hope the Senate gives more scrutiny to the bill than the House did. At first this seemed like a good bill. But the acts described in this bill are already illegal to be performed on a minor. At this point the only reason to vote for the bill is to raise awareness. That is just a bad reason to pass a law. Awareness can be raised outside of codified law.

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

* Deferred again yesterday!

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 again yesterday!

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

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 1016 –  SoDakLiberty Posts – Honoring and commending the 2014 Gregory High School Football Team.

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