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

Bills on the SD Senate floor for Tues Feb 24

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

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

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

MOTIONS AND RESOLUTIONS

SCR 7 – SoDakLiberty Posts – Commending and recognizing the numerous contributions made by South Dakota’s social workers.

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1113 – SoDakLiberty PostsRepeal and revise certain motor vehicle and boat damage and salvage disclosure requirements.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 101 – SoDakLiberty Posts – Establish certain provisions regarding cancer treatment medication coverage by insurance companies.

I didn’t like the original version of this bill. It was hoghoused in Senate Health, and passed that committee 6-0. In its original form it was a pure mandate, really bad. The new version of the bill is completely different. I have to hear the testimony to find out if the amended bill is better.

SB 53 – SoDakLiberty PostsRevise certain provisions regarding the state aid to general education formula and to revise the property tax levies for the general fund of school districts.

This bill passed Senate Appropriations 8-0. Most notably this bill would change the “per student allocation” to $4876.76 for 2016, that is up from $4781.14 in 2015.

SB 54 – SoDakLiberty PostsRevise certain provisions regarding the state aid to special education formula and to revise the property tax levies for special education.

This bill passed Senate Appropriations 8-0. It looks similar to the percentages increased in SB 53.

SB 139 – SoDakLiberty Posts – Authorize the increase in the number of video lottery machines that may be placed in a licensed establishment under certain conditions.

This passed Senate Commerce and Energy 5-2. This would increase the maximum number of video lottery machines from 10 to 15 per licensed establishment.

SB 140 – SoDakLiberty Posts – Accommodate legislation relating to education in South Dakota.

This passed Senate State Affairs 6-0. This is a hoghouse vehicle bill; meaning it doesn’t have any actual legislation. Therefore it will either be amended on the Senate floor and passed on to the House. Or it will be passed on to the House as a blank check. Either way it is bad. It cuts out the public hearing a bill should happen in the chamber of origin.

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

This bill failed on the Senate floor. A motion to reconsider passed. With the prime sponsor Sen Greenfield likely back this week it probably has a better chance of passing.

SB 189 – SoDakLiberty Posts – Provide a tax credit to insurance companies that contribute to an organization providing educational scholarships to certain students and instructional supply grants to certain teachers and parents.

This bill was amended in Senate Ed. It then failed a Do Pass motion by 3-3. It was then sent to the floor with no recommendation. The Senate floor then voted 24-7 to allow it to be placed on the calendar. Now it can be heard on the floor. This is a bad bill. I am all for companies providing scholarships for education. But they should be doing it on their own. I am also for private education. But cutting tax deals to specific industries to do so is not the right way to do it.

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

* Deferred from last week!

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 last week!

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 from last week!

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 from last week!

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 last week!

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 last week!

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 1027 – SoDakLiberty Posts – Revise certain provisions regarding the regulation of certain money lending activities.

It was amended in the House Commerce committee and then passed 12-0. It was amended again slight on the House floor and passed 63-5. It was then further amended in Senate Commerce and Energy and passed that committee 5-1.This bill really has too much going on. I think it maybe should have been multiple bills.

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

* Deferred from last week!

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 last week!

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 last week!

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 from last week!

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 from last week!

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 from last week!

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 from last week!

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 from last week!

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 19 – SoDakLiberty Posts – Commending and honoring the Lennox School FFA chapter.

SC 20 – SoDakLiberty Posts – Honoring and celebrating Leslie Fylling upon receiving the Teacher of the Year award, presented by the Tea Area Parent Teacher Organization.

SC 21 – SoDakLiberty Posts – Recognizing and commending the 100th anniversary of the Order of the Arrow, the National Honor Society of the Boy Scouts of America.

HC 1021 –  SoDakLiberty Posts – Honoring the 2014 Lincoln High School students.

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