Home > 2015 SD Legislative Session > Bills on the SD Senate floor for Fri Feb 27

Bills on the SD Senate floor for Fri Feb 27

February 27, 2015
SD Senate floor. Photo by Ken Santema 02/25/15.

SD Senate floor. Photo by Ken Santema 02/25/15.

Here are the bills on the SD Senate floor for Friday, February 27, which begins at 1:00 PM central.

Since it is Friday and the legislators are looking to get home they probably won’t actually take up any of these bills. They might go through the consent calendar and commemorations though.

MOTIONS AND RESOLUTIONS

SCR 6 – SoDakLiberty PostsTo direct the Department of Education to ensure South Dakota students are well-versed in civics and government.

HCR 1007 – SoDakLiberty PostsOpposing the EPA’s guidelines to reduce carbon dioxide emissions from existing fossil fuel-fired power plants in a manner that will cause economic harm.

HCR 1008 – SoDakLiberty Posts – Urging Congress and the President to recognize tribal identification cards as a valid form of identification for all official purposes.

CONSIDERATION OF EXECUTIVE APPOINTMENT

Reappointment of:
Melody Schopp        Secretary of the Department of Education

SECOND READING OF CONSENT CALENDAR ITEMS

Appointment of:
Myron L. Rau            South Dakota Board of Pardons and Paroles

Reappointment of:
Krista Heeren-Graber        South Dakota Interstate Compact for Adult Offender Supervision

HB 1122  – SoDakLiberty PostsAuthorize township boards to designate certain roads as no maintenance roads.

HB 1097 – SoDakLiberty PostsProvide for a reduced minimum fall enrollment for certain school districts.

HB 1100 – SoDakLiberty PostsClarify how a vacancy on a school board is filled.

HB 1137 – SoDakLiberty PostsExclude the passing time between classes in the number of hours required in the school term for secondary students.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1072 – SoDakLiberty PostsProvide that certain information regarding postsecondary technical institutes be given to parents and guardians of students in middle schools and high schools.

This bill was amended in House Ed and passed 11-3. It then went to pass the House floor 62-6. Senate Ed passed the bill 5-0.

Here is what I had to say about the bill before:

Currently school districts provide a list of students and address for those in grades 7-12 to the Board of Regents. This info can then be used to inform parents/guardians of the requirements needed for post-secondary schools. This bill would also send this list to the Department of Education. The bill also allows technical institutes to use the list for the same reason. I always thought it was the job of the school counselor and other school employees to help students meet their requirements?

HB 1073 – SoDakLiberty PostsRequire a sex offender to report a change in vehicle status to law enforcement.

Originally this bill would have modified a current statute to add this in to where it would be a Class 6 Felony.That version of the bill passed House Judiciary 10-3. It was then hoghoused on the House floor. The new version of the bill adds the same language as a new piece of code and makes this a Class 1 misdemeanor. I think that was a good change dropping the charge down to a misdemeanor. The bill passed the House floor 68-1 after being amended. Senate Judiciary passed the bill 7-0.

HB 1128 – SoDakLiberty PostsProtect certain homestead exemption interests during sale of homestead or separation of owners.

This bill passed House Commerce 10-2. It was then substantially amended on the House floor and passed that body 61-6. House judiciary passed the bill 5-2. I still don’t really understand this bill.

HB 1134 – SoDakLiberty PostsRevise certain provisions concerning the expungement of arrest records.

This passed House Judiciary 9-3 and the House floor 64-2. Senate Judiciary passed the bill 5-2. Here is what I said about the bill before and stick with:

This is a good bill. Guilty until proven innocent is a cornerstone of the legal system in the US. A prosecutor being able to make a determination of expungement without a hearing before a judge goes against the very foundation of the US legal system.

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.

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

* Deferred from yesterday!

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).
LEGISLATIVE COMMEMORATIONS

HC 1031 –  SoDakLiberty Posts – Honoring the 2015 Huron High School Speech and Debate Team on their outstanding performance.

HC 1032 –  SoDakLiberty Posts – Honoring the 75th anniversary of the Sturgis® Motorcycle Rally™, and recognizing Deadwood as “The Historic Jewel of the Black Hills.”

HC 1033 –  SoDakLiberty Posts – Commending and honoring the West Central High School FFA chapter.

HC 1034 –  SoDakLiberty Posts – Commending and honoring the West Central High School Band for its accomplishments.

HC 1035 –  SoDakLiberty Posts – Honoring Jessica Benson, an esteemed resident of Rapid City and a student at West Middle School, for achieving national recognition for exemplary volunteer service with a 2015 Prudential Spirit of Community Award.

HC 1036 –  SoDakLiberty Posts – Honoring and Commending Abbigail Boner of Castlewood, South Dakota, for receiving a 2015 Prudential Spirit of Community Award.

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