Home > 2015 SD Legislative Session > Bills on the SD Senate floor for Fri Feb 20

Bills on the SD Senate floor for Fri Feb 20

February 20, 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 Friday, February 20, which begins at 1:00 PM central.

MOTIONS AND RESOLUTIONS

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

This bill failed on the Senate floor yesterday 17-15. A motion to reconsider was moved following the failed vote. The Senate will decide whether the bill will get another chance on the Senate floor.

CONSIDERATION OF EXECUTIVE APPPOINTMENT

Appointment of: Deb Shephard to the South Dakota Board of Education

SECOND READING OF CONSENT CALENDAR ITEMS

Reappointment of:

Patrick J. Burchill        South Dakota Ellsworth Development Authority
Douglas J. Hajek        South Dakota Building Authority

HB 1120 – SoDakLiberty PostsRevise the provisions related to phase in rate plans for plant additions.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

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

* Deferred from yesterday!

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.

* Deferred from yesterday!

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 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.

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 3 – SoDakLiberty PostsProvide for mediation of certain drainage disputes.

* Deferred from yesterday!

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.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

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

* Deferred from yesterday!

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.

* Deferred from yesterday!

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.

* Deferred from yesterday!

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 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 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 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 18 – SoDakLiberty Posts – Honoring the memory of Emmett Bendix “Ike” Oleson for his life-long dedication to education.

HC 1017 –  SoDakLiberty Posts – Honoring Arlington Cardinal football players Brody Gilbertson, Kyle Stegeman, Parker Christesen, Alex Heuer, and Richard Jensen.

HC 1018 –  SoDakLiberty Posts – Honoring the Arlington High School Oral lnterp Team on an outstanding season in 2014.

HC 1019 –  SoDakLiberty Posts – Honoring Arlington Cardinal volleyball players, seniors Daylee Olson, Josie Parry, Kimberly VanBockern, Nikki Zobel, and Cuinsey Murphy, and junior Bailee Steffensen.

HC 1020 –  SoDakLiberty Posts – Honoring Huron High School Assistant Principal Mike Radke for being named the 2015 South Dakota Assistant Principal of the Year.

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