Home > 2015 SD Legislative Session > Bills on the SD Senate floor for Weds Feb 25

Bills on the SD Senate floor for Weds Feb 25

February 25, 2015
SD Senate floor. Photo by Ken Santema 02/24/15.

SD Senate floor. Photo by Ken Santema 02/24/15.

Here are the bills on the SD Senate floor for Wednesday, February 25, which begins at 2:00 PM central. Wednesday is crossover day! All Senate bills have to be dealt with by the end of session on Weds. That means only Senate bills will likely be dealt with.

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1005 – SoDakLiberty Posts – Repeal the foundation program fund and references thereto.

HB 1066 – SoDakLiberty PostsClarify that the required notice requirements related to continuing contracts do not apply to employees of postsecondary technical institutes.

HB 1117 – SoDakLiberty PostsProvide for the approval of postsecondary courses for certain nonpublic school students and students receiving alternative instruction.

HB 1217 – SoDakLiberty PostsRevise certain provisions regarding the James River Water Development District.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 52 – SoDakLiberty PostsRevise certain provisions regarding investment income that is transferred to the general fund and to declare an emergency.

This was amended in Senate Appropriations and passed 6-3. I haven’t listened to testimony on this one, but it raises some potential red flags.

SB 106 – SoDakLiberty Posts – Provide funding for the South Dakota technical institutes, to make an appropriation therefor, and to declare an emergency.

This was a hoghouse vehicle bill. It was filled with language to provide $1 to the Department of Education to provide additional funding to the South Dakota technical institutes.and also to make an emergency. It will be interesting to see how much will actually go to the tech schools during the appropriations process. It passed Senate Appropriations 9-0.

SB 176 – SoDakLiberty Posts – Prrovide for the development of online resources and a rubric of textbook analysis for use in school districts, to make an appropriation therefor, and to declare an emergency.

This bill originally appropriated $500,000 “to the Department of Education for the purpose of providing for the development of online resources and a rubric of textbook analysis that meets South Dakota content standards, both of which shall be made available for use in school districts at no cost.” It was amended down to $1 and given the emergency clause. It passed Senate Appropriations 9-0.

SB 193 – SoDakLiberty Posts – Provide for an annual evaluation of state government agencies and require a report.

This bill was hoghoused. Originally it was focused upon economic development incentives. I haven’t had time to study the new bill. It passed Senate Appropriations 9-0.

SB 50 – SoDakLiberty PostsAuthorize the South Dakota Building Authority to provide for the construction, reconstruction, renovation, and modernization of state park facilities and infrastructure at Custer State Park for the Department of Game, Fish and Parks, to make an appropriation therefor, and to declare an emergency.

This is a long appropriation bill with a lot of amending. It appropriates $11,500,000 for the Custer project. It passed Senate Appropriations 9-0.

SB 55 – SoDakLiberty PostsRevise the General Appropriations Act for fiscal year 2015.

This was amended in Senate Appropriations and passed 9-0. I haven’t had time to look at all the changes.

SB 99 – SoDakLiberty Posts – Revise certain provisions of the Medicaid contingency fund due to federal legislation, to make an appropriation therefor, and to declare an emergency.

This bill was amended in Senate Appropriations and passed 9-0. If I am reading the bill right (a big if), it moves $9,000,000 from the Medicaid contingency fund and moves it to the Department of Social Services. The amendment changed the dollar amount down to $1.

SB 181 – SoDakLiberty Posts – Enhance higher education affordability and to make an appropriation therefor.

This bill was amended in Senate Appropriations to put the dollar amounts down to $1 and passed that committee 9-0. Here is what the bill originally appropriated:

  • $3,199,548 to the Board of Regents to freeze tuition charged to South Dakota residents enrolling in state-supported courses.
  • $735,896 to the Department of Education to be distributed to the postsecondary technical institutes to reduce the tuition charged to South Dakota residents enrolling in state-supported courses.

SB 119 – SoDakLiberty Posts – Revise certain provisions regarding abandoned mobile and manufactured homes.

This bill was hoghosued in Senate Taxation and passed that committee 4-1. This originally had one little change to code. This now defines a whole process for the event of someone getting the title of an abandoned mobile home voluntarily from the previous owner.

SB 134 – SoDakLiberty Posts –Prohibit minor boundary changes for one year, to establish the school district boundary task force, and to declare an emergency.

This was a hoghouse vehicle bill for Senate State Affairs. Here is the meat of what the taskforce will do per section 2 of the bill:

There is hereby established the school district boundary task force. The task force shall examine the boundaries of the existing school districts and recommend possible changes to those school district boundaries. The task force will also recommend a process for addressing minor boundary changes in the future once the moratorium established in section 1 of this Act has ended. The task force will not discuss or make any recommendations regarding school district reorganization.

SB 180 – SoDakLiberty Posts – Revise certain provisions regarding the production tax for wind energy facilities.

This bill was amended in Senate Commerce and Energy and passed that committee 7-0. This appears to the change the tax on new wind farms from “an annual tax of two percent of the gross receipts” to “an annual tax of .00040 dollars per kilowatt-hour of electricity produced by the wind farm”. Part of what the amendment changed was the annual tax was at .00035 in the bill, now it is .00040.

SB 51 – SoDakLiberty PostsRepeal the contingency funds available for unanticipated costs related to medical services and to declare an emergency.

This bill passed Senate Appropriations 9-0. This was in the governor’s budget address. ACA has made this contingency fund unnecessary.

SB 4 – SoDakLiberty PostsMake an appropriation for research concerning the administrative and financial impact of actual use on agricultural land assessments and to declare an emergency.

The bill was amended down to $1 and passed Senate Appropriations 6-2. Here are my original notes on the bill:

It was originally assigned to Senate Ag, and then referred to Appropriations. This would appropriate $151,000 for SDSU Department of Economics to research the assessment and taxation of agricultural land based on actual use. The money appropriated would have to be used by June 30, 2016.

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 1079 – SoDakLiberty PostsRevise the deadline for the Department of Health’s annual report regarding abortions.

This bill had two no votes on the House side. Earlier this month the bill failed to pass and was tabled by Senate Health. It was then amended to change the deadline from September 13th to now be due at November 15th. The bill then passed Senate Health 7-0. Personally I think this bill had the wrong motivations. It appears the bill is being pushed through so abortion statistics from the state are available for legislation to be pushed in the legislature.

HB 1060 – SoDakLiberty PostsMake an appropriation to reimburse certain family physicians, dentists, physician assistants, and nurse practitioners who have complied with the requirements of the recruitment assistance program and to declare an emergency.

This bill passed all the way through the House and Senate Appropriations with no opposition. It appropriates $381,766. for individuals found to have met the requirements of the program.

HB 1189 – SoDakLiberty PostsMake an appropriation to fund tax refunds for elderly persons and persons with a disability and to declare an emergency.

This bill passed all the way through the House and Senate Appropriations with no opposition. This would appropriate $450,000 for the elderly and disabled persons tax refund program.

HB 1101 – SoDakLiberty PostsEnsure local control over curriculum and methods of instruction.

This bill had no opposition in House Ed, but eight opposed it on the House floor. It made it through Senate ed with no opposition. This bill is a political trick in the battle over Common Core. It could have been done with a resolution. It does nothing.

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

* Deferred from yesterday!

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 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 from 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 from 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 from 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 from 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 from 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 22 – SoDakLiberty Posts – Honoring the 2014 and 2015 Washington High School students of Sioux Falls, South Dakota, and their many achievements.

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.

  1. Anonymous
    February 25, 2015 at 4:25 pm

    How about a law against male genital mutilation such as circumcision? Was including a foreskin an error nature made that we need to correct, or was this a warped, perverted religious practice? These perverted practices need to be outlawed for males as well as females.

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