Home > 2015 SD Legislative Session > Bills on the SD House floor for Tues Feb 24

Bills on the SD House floor for Tues Feb 24

February 23, 2015
SD House floor. Photo by Ken Santema 02/11/15.

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

Here are the bills on the SD House floor for Tuesday, February 24, which begins at 2:00 PM central. Wednesday is crossover day. All House bills have to be dealt with by the end of session on Weds. That means only House bills will likely be dealt with.

MOTIONS AND RESOLUTIONS

HB 1055 – SoDakLiberty PostsRepeal certain outdated and unnecessary statutes and administrative rules related to the Department of Agriculture.

Senate Ag amended the bill and it passed through the Senate floor easily. Now the House has to decide whether to agree to the changes made to 1055 in the senate. The bill originally had 59 sections repealing code. The amended version has 54 sections repealing code.

CONSIDERATION OF REPORTS OF COMMITTEES

Amended HJ 25th LD: HB 1233, HB 1110, HB 1190, HB 1221, HB 1140
DO NOT PASS: HB 1223

Normally I wouldn’t post anything about the consideration of reports of committees. However the smokeout of HB 1223 continues. Since the Ed Committee sent the bill to the floor with a Do Not Pass recommendation, the floor has to vote on whether to allow the bill to actually be placed on the calendar. If that vote passes, then the actual bill can be debated.

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1209 – SoDakLiberty PostsRevise certain provisions relating to changes in terms of credit card agreements.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1185 – SoDakLiberty PostsMake an appropriation for property and casualty loss coverage, to establish the property and casualty captive insurance company fund for state properties, and to declare an emergency.

* Deferred from last week!

This bill passed House Appropriations 8-0 after being amended (casualty was misspelled as casually in part of the bill). This bill appropriates $4,000,000 to “the Bureau of Administration for the purpose of making a grant to a captive insurance company controlled entirely by the state to fund property and casualty loss coverage.” Daugaard has mentioned this before. It makes sense for an entity as big as the state to take such an approach to insure property owned by the state.

HB 1186 – SoDakLiberty PostsRevise an appropriation made to the Science and Technology Authority.

* Deferred from last week!

The bill passed House Appropriations 9-0. Here is the language being added to the act that provides the agreement with owners of the former Homestake Mine:

Up to two million five hundred thousand dollars of the indemnification fund may be used to provide initial capital and pay expenses for a captive insurance company upon the terms and conditions to be set forth in the agreement between the owners of the former Homestake Mine and the authority. If released in writing by the owners of the former Homestake Mine, up to seven million five hundred thousand dollars of the indemnification fund may be used by the authority for the purpose of a project, as defined in subdivision 1-16H-3(3), at the former Homestake Mine in Lead, South Dakota.

HB 1187 – SoDakLiberty PostsMake an appropriation for liability coverage for the South Dakota Building Authority, South Dakota Health and Educational Facilities Authority, South Dakota Housing Development Authority, South Dakota Ellsworth Development Authority, and South Dakota Education Enhancement Funding Corporation, to establish the liability captive insurance company fund, and to declare an emergency.

* Deferred from last week!

This bill passed House Appropriations 8-0 after being amended. This appears to be a sister bill to HB 1185. It appropriates $2,000,000 to “the Bureau of Administration for the purpose of making a grant to a captive insurance company to provide liability coverage to the South Dakota Building Authority, South Dakota Health and Educational Facilities Authority, South Dakota Housing Development Authority, South Dakota Ellsworth Development Authority, and the South Dakota Educational Enhancement Funding Corporation.”

HB 1162 – SoDakLiberty PostsEnact the Interstate Insurance Product Regulation Compact.

This bill passed House Commerce 8-5. This would adopt the Interstate Insurance Product Regulation Compact. I was on the fence about this bill before its committee hearing. After the hearing I believe this is a bad bill. I don’t believe the proponents made the case that this compact is actually necessary. In fact it almost seemed as if the Compact was being pushed because everyone else is. That alone is not reason enough to enter in a compact.

HB 1231 – SoDakLiberty PostsAuthorize the forfeiture of any financial benefit or valuables gained from prostitution or pimping.

* Removed from the Consent Calendar last week and deferred.

This bill passed House Commerce and Energy 12-0. This adds a lot of references to other parts of code dealing with prostitution for forfeiture. Personally I believe forfeiture laws are misguided. There is too great of a danger when entities of the state are allowed to take property.

HB 1064 – SoDakLiberty PostsProhibit unlawful self-dealing by state officers and employees.

This bill was hoghoused in the House Judiciary committee and passed that committee 12-0. I haven’t had time to study the hoghoused version, but glancing through it I can’t see any red flags. I believe my words about the original bill hold true:

This bill appears to be fallout from EB5/Bollen/Benda. It creates greater specificity in law prohibiting a state official from creating deals that would benefit them-self. The idea of this bill is sound, I just need to research it more to make sure the actual language is sound.

The bill also continues these prohibitions for one year after the person is no longer a state official.

HB 1205 – SoDakLiberty PostsProvide for the certification by a chief law enforcement officer of the transfer of certain firearms.

House Judiciary amended the bill twice and the bill passed that committee 12-0. I haven’t listened to the testimony on this one to find out what is driving the bill.

HB 1225 – SoDakLiberty PostsProhibit the unauthorized commercial use of a personality’s right of publicity and provide a civil remedy therefor.

This bill had a major amendment changing wording around in House Judiciary and passed that committee 12-0. I have apprehensions about this bill due to its ties to the MPAA. However the amended version of the bill doesn’t seem to raise any red flags for me. This bill is a bill I will likely further research this weekend (I’m assuming it will pass the House, but if it is bad there is time to fight against it in the Senate).

HB 1201 – SoDakLiberty PostsRevise certain provisions regarding planning and zoning.

This bill passed House Local Government 10-3. I listened to testimony on this bill. It appears this bill is being pushed so CAFO’s can get around local control. At this time I see this bill as one that needs to be defeated.

HB 1166 – SoDakLiberty PostsProhibit the use of tanning devices by minors.

This bill failed once in House Health. It was then amended to allow minors to use tanning devices with a parent/guardian permission. It then passed House Health 8-5. I still think it is a bad law. It is just needless government interference into people’s lives and the market.

HB 1153 – SoDakLiberty PostsExpand the definition of teleconference to include certain meetings conducted through electronic text colloquy and to require the retention of certain records of text colloquy meetings for public inspection.

This bill passed Local Government 11-2 after being amended. This was a good bill. Then it was amended to make it a little more watered down. It is still a move in the right direction though. So hopefully it passes.

HB 1227 – SoDakLiberty PostsAuthorize counties to impose sales and use taxes.

This passed House taxation 9-6. This bill would allow a county to implement a sales and use tax up to two percent. I know there are some counties that could use this funding mechanism. The question is whether the legislators will consider this with the massive transportation bills out there already.

HB 1169 – SoDakLiberty PostsAccommodate legislation on medical services.

This is a hoghouse vehicle bill; meaning it doesn’t have any actual legislation. Therefore it will either be amended on the House floor and passed on to the Senate. Or it will be passed on to the Senate as a blank check. Either way it is bad. It cuts out the public hearing a bill should happen in the chamber of origin.

HB 1170 – SoDakLiberty PostsAccommodate legislation relating to education in South Dakota.

This is a hoghouse vehicle bill; meaning it doesn’t have any actual legislation. Therefore it will either be amended on the House floor and passed on to the Senate. Or it will be passed on to the Senate as a blank check. Either way it is bad. It cuts out the public hearing a bill should happen in the chamber of origin.

HB 1171 – SoDakLiberty PostsEnhance South Dakota.

This is a hoghouse vehicle bill; meaning it doesn’t have any actual legislation. Therefore it will either be amended on the House floor and passed on to the Senate. Or it will be passed on to the Senate as a blank check. Either way it is bad. It cuts out the public hearing a bill should happen in the chamber of origin.

HB 1143 – SoDakLiberty PostsIncrease the criminal violations that are subject to protection orders.

This bill passed House Judiciary 8-5. This adds Aggravated assault–Felony (§ 22-18-1.1) to the list of violations. It also adds a penalty for repeat violations of protection order (§ 22-19A-16).

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 43 – SoDakLiberty PostsRevise certain provisions regarding lease purchase agreement payments and to ratify certain lease purchase agreements with the Health and Educational Facilities Authority.

* Deferred from last week!

This bill passed Senate Ed and the Senate floor with no opposition. It then had quite a substantial amendment in House Appropriations; where it then passed 9-0. This bill appears to be clarifying the lease payments made by the legislature for education buildings.

SB 75 – SoDakLiberty PostsRevise the effective period of the travel permit for certain livestock used for rodeo purposes and to declare an emergency.

* Deferred from last week!

This bill was amended to add an emergency clause in Senate Ag, it passed 9-0. It then went on to pass the Senate floor 33-0. Finally, it went though House Ag 12-0. This bill changes the permit from being good for a calendar year to being good for twelve months from the date of endorsement.

SB 76 – SoDakLiberty Posts Extend the length of time a local livestock ownership inspection certificate is valid for transportation.

* Deferred from last week!

This bill passed the Senate Agriculture and Natural Resources committee 7-2 and went on pass the Senate floor 27-6. In House Ag is passed 11-1. This changes the certificate from being good for the day it is issued to being good for twenty-four hours after the inspection. I know some current ranchers do not like this bill because they believe it would theoretically make theft of cattle harder to prevent.

SB 93 – SoDakLiberty Posts – Impose a gross receipts tax on the rental of certain motorcycles in lieu of the excise tax on motor vehicles.

* Deferred from last week!

This bill passed Senate Tax and the Senate floor with no opposition. It passed House Tax 13-1. Rep Nancy Rasmussen (R, Dist 17) was the dissenting vote. I still haven’t listened to the testimony on this bill to find out why this bill is or isn’t good.

SB 45 – SoDakLiberty PostsRevise certain provisions relating to the sale of unpasteurized raw milk.

* Deferred from last week!

This bill was amended in the Senate Agriculture and Natural Resources committee and passed with a vote of 7-2. It passed the Senate floor 30-4. Then in House Ag is passed with no opposition. I was quite apprehensive about this bill before the Senate Ag hearing. Since that time I have listened to the committee hearing and studied the bill. There are some portions of the bill I think are maybe a little strict, but overall I think this is a great step forward compared to where the Dept of Ag was at two years ago. At this time I hope the bill is passed so the raw milk (and now raw cream) producers in SD can move forward.

SB 41 – SoDakLiberty PostsRevise certain provisions pertaining to commercial driver licensing.

* Deferred from last week!

This bill passed Senate Transportation 6-0, the Senate floor 30-4, finally House Transportation. I still haven’t listened to testimony on this bill. It changes quite a bit of code.

SB 94 – SoDakLiberty Posts – Establish a license fee for electric-powered motorcycles.

* Deferred from last week!

This bill passed Senate Transportation, the Senate Floor, and House Transportation with no opposition. I still want to test drive an electric-powered motorcycle.

SB 118 – SoDakLiberty Posts – Provide additional transparency for prescription drug plans.

* Deferred from last week!

This bill was substantially amended in Senate Commerce and passed that committee 7-0. It then went on to pass the Senate floor without opposition. Finally the bill passed House Health 12-1. A lot of this bill seems aimed at making sure certain parts of the rx drug plans have certain details.

SB 60 – SoDakLiberty PostsProvide newborn screening of inherited and genetic disorders.

* Deferred from last week!

This bill passed Senate Health 5-1. It was amended on the Senate floor and then was passed 31-4. Finally it passed Health and Human Services 9-4. This is a horrible bill. The DOH has no place getting between the doctor and patient. What tests a newborn goes through should not involve a government agency at all.

SB 63 – SoDakLiberty PostsAdopt the Interstate Medical Licensure Compact.

* Deferred from last week!

This bill passed Senate Health and Human Services 6-0. It was amended on the Senate floor with following section added:

No state general funds shall be used to support the Interstate Medical Licensure Compact enacted by this bill.

The bill then passed the Senate floor 24-10. It then passed House Health and Human Services 13-0. The Association of American Physicians and Surgeons (AAPS) has come out against this bill because it would potentially place bureaucratic burdens on physicians within South Dakota. Upon further research I hope there is more opposition to the bill in the House. One thing SD doctors do not need is another barrier between them and focusing on their patients issues.

SB 47 – SoDakLiberty PostsMake an appropriation from the coordinated natural resources conservation fund to the State Conservation Commission and to declare an emergency.

This passed through the Senate and House Appropriations with no opposition. This bill gives $500,000 to the State Conservation Commission.

LEGISLATIVE COMMEMORATIONS

HC 1022 –  SoDakLiberty Posts – Honoring the Pierre Junior Shooters BB Gun Team for winning the 2014 Daisy National BB Gun Championship.

HC 1023 –  SoDakLiberty Posts – Commending and honoring the Parkston Trojan football team on a successful 2014 season.

HC 1024 –  SoDakLiberty Posts – Honoring the Parkston High School wrestling team and coach Jared Digmann on their accomplishments.

HC 1025 –  SoDakLiberty Posts – Honoring the Parkston High School Girls Golf program and coaches Tyler Hockett and Eric Norden on their accomplishments.

HC 1026 –  SoDakLiberty Posts – Honoring Parkston High School Athletic Director and Girls Basketball Coach Rob Vanlaecken on his career accomplishments and retirement.

HC 1027 –  SoDakLiberty Posts – Congratulating and commending the Yankton High School Bucks football team for winning the 2014 State 11AA Football Championship.

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

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