Home > 2015 SD Legislative Session > Bills on the SD Senate floor for Weds Mar 4

Bills on the SD Senate floor for Weds Mar 4

March 4, 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 Wednesday, March 4, which begins at 2:00 PM central.

MOTIONS AND RESOLUTIONS

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 CONSENT EXECUTIVE APPOINTMENTS

Reappointments:
Lucas Lentsch        Secretary of the Department of Agriculture
David R. Emery    South Dakota Ellsworth Development Authority
Pat Costello        Commissioner of the Governor’s Office of Economic Development
Marcia Hultman    Secretary of the Department of Labor

SECOND READING OF CONSENT CALENDAR ITEM

HB 1082 – SoDakLiberty PostsAllow a law enforcement officer to issue a citation without a notary.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1049 – SoDakLiberty PostsRepeal certain provisions regarding reversions of appropriations for a repealed tax refund program.

This is a cleanup bill that met no resistance in the House or in Senate Appropriations.

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

This bill passed House Local Government 10-3. It was amended on the House floor and passed 52-17. Finally it passed Senate Ag 7-2. I listened to testimony on this bill. This is a huge issue. Opponents believe this is being used as a way for CAFO’s to be pushed through bypassing local control. I’ve spoken with proponents that say this change is needed so County Commissioners can stop dragging their feet on approving or opposing CAFO’s. I still feel this is a bad bill that tries to usurp local control.

HB 1142 – SoDakLiberty Posts – Revise certain provisions pertaining to the age requirements for sex offender registry registration.

This bill passed through the House and through Senate Judiciary with no opposition. This bill adds “at the time of the offense” to someone who is fourteen or older to register as a sex offender (if they meet other requirements).

HB 1173 – SoDakLiberty PostsRevise certain provisions regarding liability of parties involved in frivolous or malicious civil actions.

This bill was amended (and title amended) in House Judiciary and passed that committee 10-3. Originally this bill added new sections of code to deal with frivolous appeals of land zoning decisions. The amended bill just modifies current code to specifically include appeal of a zoning decision. The bill was amended on the House floor and passed 57-11. Senate Judiciary passed the bill 6-0. Originally I thought this bill was a good idea. But after hearing it debated on the floor I’m not so sure. It doesn’t actually seem to be fixing a problem.

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).

HB 1002 – SoDakLiberty Posts – Make an appropriation to the Department of Revenue to provide for the electronic submission of reports and taxes related to alcoholic beverages and to declare an emergency.

* Deferred from yesterday!

This bill passed House Appropriations 8-0 after being amended down to a dollar. The original amount appropriated was $100,000 for the electronic tax collection technology used for reports and taxes related to alcoholic beverages. The amended bill passed the House floor 59-9 and Senate Appropriations 9-0.

HB 1047 – SoDakLiberty PostsRevise certain reversion provisions relating to the General Appropriations Act for fiscal year 2013.

* Deferred from yesterday!

This bill passed House Appropriations 8-0 where it was amended to fix the title. It passed the House floor 65-3 and Senate Appropriations 9-0. This bill would carry over funding used for the South Dakota Public Safety Improvement Act, which was passed into law in 2013 (SB 70). This bill doesn’t allow more funding, it just carries the originally approved funding another year.

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

* Deferred from yesterday!

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 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.

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