Home > 2015 SD Legislative Session > Bills on the SD Senate floor for Thurs Feb 26

Bills on the SD Senate floor for Thurs Feb 26

February 26, 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 Thursday, February 26, which begins at 2:00 PM central.

MOTIONS AND RESOLUTIONS

.SCR 8 – SoDakLiberty Posts – Condemning the growing anti-Semitism in certain countries and extending an invitation to Jewish families from around the world to South Dakota.

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1146 – SoDakLiberty PostsLimit who may request to see a person’s hunting or fishing license.

HB 1148 – SoDakLiberty PostsRequire that the annual report of a school district contain certain information regarding school district fund balances.

HB 1090 – SoDakLiberty PostsProhibit a person from serving as a member of a consumers power district board of directors in certain cases.

HB 1106 – SoDakLiberty PostsEstablish the rights of municipal, county, or township officers in certain decision-making processes.

HB 1135 – SoDakLiberty PostsExpand certain bonding provisions regarding local government officials and employees.

HB 1121 – SoDakLiberty PostsAuthorize township boards to establish speed zones on township roads.

HB 1102 – SoDakLiberty PostsRevise certain provisions regarding the regulation of licensing massage therapists.

HB 1151 – SoDakLiberty PostsImprove public safety through confidential stress management services for emergency service providers.

HB 1229 – SoDakLiberty PostsRevise provisions related to the release of medical waste.

HB 1029 – SoDakLiberty Posts – Revise certain requirements regarding high performance building design and construction standards for newly constructed or renovated state-owned buildings.

HB 1105 – SoDakLiberty PostsProvide for an affidavit creating a rebuttable presumption that a person is not an employee for purposes of workers’ compensation and to provide a penalty therefor.

HB 1125 – SoDakLiberty PostsRevise certain provisions regarding the notice for meeting of public bodies.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1236 – SoDakLiberty PostsRevise certain provisions regarding commissions received by insurance producers.

This bill was amended in House Commerce and passed through that committee and the House floor with no opposition. It was then amended again in Senate Commerce and Energy and passed that committee 7-0. I really don’t understand the bill too well. If I remember testimony correctly this provision would allow insurance agents to share commission for a policy type they don’t normally handle and pass on to someone who does handle that.

HJR 1003 – SoDakLiberty Posts – Proposing and submitting to the electors at the next general election an amendment to Article XIV of the Constitution of the State of South Dakota, relating to the authority of the Board of Regents.

This bill passed House State Affairs with no opposition, and had one no vote on the House floor. It then passed through Senate State Affairs 9-0. This resolution would put the four votechs directly under the control of the legislature, if it passes on the ballot. I think this is a good idea for many reasons, but I’m not sure it will work on the ballot.

HB 1145 – SoDakLiberty PostsRevise certain provisions regarding the payment of salary and compensation to legislators.

This bill made it through House State Affairs without opposition and had one no vote on the House floor. It passed Senate State Affairs 7-2. Part of this bill appears to add “attending the inauguration of constitutional officers, or attending the Governor’s budget report” to times when legislators are on the clock and can get per diem. I don’t see a problem with that, it is part of their job to attend the Governors budget address (the constitutional officers inauguration   may be debatable though).

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

* Deferred from yesterday!

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.

* Deferred from yesterday!

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.

* Deferred from yesterday!

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.

* Deferred from yesterday!

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 23 – SoDakLiberty Posts – Commending the South Dakota Army National Guard’s 153rd Engineer Battalion, Huron, South Dakota, for being awarded the Major General Milton A. Reckord Trophy.

SC 24 – SoDakLiberty Posts – Commending and honoring the West Central High School Track and Cross Country Teams for their accomplishments.

SC 25 – SoDakLiberty Posts – Honoring Macy Miller of Mitchell, South Dakota, for an outstanding high school basketball career.

SC 26 – SoDakLiberty Posts – Commending and honoring Vern DeGeest on his retirement from teaching, coaching, and administrating after fifty-four years in South Dakota schools.

SC 27 – SoDakLiberty Posts – Congratulating Lindsey Smith for taking a “shot” and for being named the Class A Ms. Volleyball for 2014 and for receiving an Under Armour All-American Volleyball Team Honorable Mention for the 2014-2015 year.

SC 28 – SoDakLiberty Posts – Honoring Dr. Jerome Bentz of Platte as the 2015 Family Doctor of the Year.

SC 29 – SoDakLiberty Posts – Honoring Kendra Peterson of Sisseton as 2015 Miss Rodeo South Dakota.

HC 1028 –  SoDakLiberty Posts – Congratulating and commending the Wolsey-Wessington High School Boys Football Team as the 2014 South Dakota Class 9A Championship Runner-Up.

HC 1029 –  SoDakLiberty Posts – Celebrating and honoring the South Dakota Snow Queen Festival on sixty-nine years of existence in the state.

HC 1030 –  SoDakLiberty Posts – Honoring Sheriff Mike Leidholt for his years of dedication, exemplary service, and service as President of the National Sheriffs’ Association.

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