Home > 2015 SD Legislative Session > Bills on the SD House floor for Thurs Mar 5

Bills on the SD House floor for Thurs Mar 5

March 5, 2015

SONY DSCHere are the bills on the SD House floor for Thursday, March 5, which begins at 2:00 PM central.

MOTIONS AND RESOLUTIONS

HB 1050 – SoDakLiberty PostsRepeal certain funds, to make revisions to receipts dedicated to the property tax reduction fund, and to create the general revenue replacement fund.

Consideration of Senate Amendments

This bill passed House Appropriations 8-0, the House floor 58-11, and Senate Appropriations 9-0. It was amended on the Senate floor and passed 34-0. This bill puts funds directly to the general fund that were in special purpose funds. It appears this might be a way for the executive branch to get around using money the way they are supposed to. The House has to choose whether to agree with an amendment made on the Senate floor to include “any outstanding balance on repayments due to the budget reserve fund pursuant to a legislative act” in the definition of the budget reserve.

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

Consideration of Senate Amendments

This passed House Judiciary 9-3 and the House floor 64-2. Senate Judiciary passed the bill 5-2. It was amended on the Senate floor and passed 33-1. The House must choose whether to agree with the amendment. It appears to me that the amended version of the bill still provides the opportunity to have charges expunged.

SECOND READING OF CONSENT CALENDAR ITEMS

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

SB 17 – SoDakLiberty PostsRevise the definition of motor vehicles that are subject to the lemon law.

SB 108 – SoDakLiberty Posts – Revise certain provisions relating to aggravated DUI’s.‘s.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 120 – SoDakLiberty Posts – Revise certain provisions regarding special alcoholic beverage licenses issued in conjunction with special events and to declare an emergency.

* Deferred from yesterday after being amended on the House floor to add distilled spirits.

This bill was hoghoused in Senate Commerce. The new version of this bill seems much more straightforward in allowing a special off-sale package wine dealers or malt beverage dealers license for use in certain special events. The committee also added an emergency clause so it could take effect after being passed into law. The amended bill passed through Senate Commerce, the Senate and House Commerce without opposition.

SB 98 – SoDakLiberty Posts – Revise the provisions related to the financial accountability system.

* Deferred from yesterday!

This bill passed Senate Judiciary 5-1, the Senate floor 31-2, and House Judiciary 11-1. If I remember testimony on this bill correctly it is mostly word cleanup.

SB 95 – SoDakLiberty Posts – Revise provisions related to human trafficking.

* Deferred from yesterday!

This bill passed Senate Judiciary 6-0 after being amended. It then passed the Senate floor without opposition. House Health and Human Services passed the bill 11-1. The biggest change here appears to be changing the definition from under age 16 to under 18 in human trafficking code.

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

In its original form this bill was a pure mandate. It was hoghoused to change its approach in Senate Health and passed that committee 6-0. It was then further amended on the Senate floor and passed 35-0. House Health passed the bill 11-0. Basically this bill makes medical insurance companies in SD treat medicine forms of cancer treatment the same as they do traditional (more invasive) methods. Apparently the insurance companies have been treating such treatments as medication, so it was not covered under the normal insurance plan. I agree with what the bill is trying to do. But it still looks like a mandate to me.

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 bill passed through the Senate and through House Appropriations without opposition. This is a long appropriation bill with a lot of amending done in Senate Appropriations. It appropriates $11,500,000 for the Custer project.

SB 172 – SoDakLiberty Posts – Strengthen the financial practices of the State of South Dakota.

This bill passed through the Senate and through House Appropriations without opposition. It appears to be changing how debt is utilized by the state. But I have to listen to the testimony to make sure.

SB 173 – SoDakLiberty Posts – Make appropriations from the water and environment fund, the water pollution control revolving fund subfund, and the drinking water revolving fund subfund for various water and environmental purposes, to revise the state water plan, to increase the authority of the South Dakota Board of Water and Natural Resources to make consolidated water facilities construction program awards, and to declare an emergency.

This bill passed through the Senate and through House Appropriations without opposition. This actually has quite a few appropriations in it from the South Dakota water and environment fund. Here is the long list of appropriations in this bill:

  • $7,700,000 to provide funds to the South Dakota Board of Water and Natural Resources for the purpose of providing a no-interest loan to local project sponsors as an advance on federal funds for the construction of facilities included in the Lewis and Clark Rural Water System
  • $250,000 to provide funds to the South Dakota Board of Water and Natural Resources for the purpose of providing grants to state and local project sponsors for hydrology and water management studies to assess, model, and quantify the state’s surface water and groundwater resources.
  • $16,500,000 to the South Dakota Board of Water and Natural Resources for the purpose of providing grants and loans to project sponsors under the consolidated water facilities construction program
  • $4,000,000  to the city of Clark, for the design and construction of a waste water treatment facility, a sanitary sewer interceptor, and sewer main.
  • $3,000,000 to the Big Sioux Community Water System, for the design and construction of water lines and a pump station to interconnect with the city of Madison and the Minnehaha Community Water Corporation.
  • $1,800,000 to the Minnehaha Community Water Corporation, for the design and construction of water lines to provide capacity to interconnect with the Big Sioux Community Water System and the city of Madison.
  • An increase from $1,000,000 to $2,000,000 to any project in the state water facilities plan without specific authorization of the Legislature.
  • $1,300,000 to the South Dakota Board of Water and Natural Resources for the purpose of providing grants and loans to project sponsors under the solid waste management program
  • $1,000,000 to the South Dakota Board of Water and Natural Resources for the purpose of providing grants and loans to project sponsors for the construction, remediation, enlargement, closure, or upgrade of regional landfills.
  • $1,000,000 to the South Dakota Board of Water and Natural Resources for the purpose of providing water quality grants under the state water pollution control revolving fund program
  • $150,000 to the South Dakota Board of Water and Natural Resources for the purpose of contracting for the preparation of applications and administration of clean water state revolving fund loans under the state water pollution control revolving fund program
  • $150,000 to the South Dakota Board of Water and Natural Resources for the purpose of contracting for the preparation of applications and administration of drinking water state revolving fund loans under the state drinking water revolving fund program
  • $250,000 to the South Dakota Board of Water and Natural Resources for the purpose of providing grants to very small community water systems to address drinking water compliance and public health issues.
  • $200,000 to the South Dakota Board of Water and Natural Resources for the purpose of providing small system technical assistance set-aside grants to project sponsors under the state drinking water revolving fund program

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

This bill had a bit of a journey in the Senate. It originally failed a Do Pass vote in Senate Taxation 3-3, after another member came back to the committee it passed Senate Taxation 4-3. It then failed on the Senate floor 17-15. At the time the prime sponsor Sen Greenfield was out with an injury. Then came a vote to reconsider, which passed 28-3. Finally with Sen Greenfield back it passed the Senate floor 22-13. When it hit House Taxation it passed 10-2. This bill is actually pretty simple. It exempts amateur baseball coaches from Sales and Use Tax if the team is a 501(c)(19) non-profit.

SB 111 – SoDakLiberty Posts – Repeal the provision that invalidates absentee ballots cast by voters who died before the date of the election.

This bill passed Senate Local Government 5-1 and the Senate floor 34-0. The bill failed a Do Pass motion last week by a vote of 6-6 in House Local Government. After being deferred the bill passed House Local Government 7-5. Here is what I said about the bill before, and stick with: “I don’t really see the purpose of this bill. Election day is election day. I already think SD over-uses early voting. I don’t see a problem with the current law that states if you are not alive on election day that your vote won’t count.”

SB 126 – SoDakLiberty Posts – Revise certain publications date citations for references to the International Building Code and International Property Maintenance Code.

There was no opposition to the bill on the Senate side or in House Local Government. This updates references from the 2012 edition of the International Building Code to 2015. This is an area that annoys me actually. If someone wants to find out how to comply with code they need to dish out $131 to find out what the code is for new buildings. This is a way for government officials to over-regulate without making it look like they are doing so.

SB 161 – SoDakLiberty Posts – Allow certain fireworks to be used all year.

This bill was amended in Senate Commerce to remove fountains, sparklers, and ground spinners from the fireworks being added by this bill. All that leaves in the bill is “snakes, and smoke effects, if they do not fly, travel, or explode, to single-shot parachute pieces without a flare”. After being amended it passed the committee 7-0. It was then amended on the Senate floor to put this language into a new section, instead of modifying current code. House Local Government passed the bill 12-0. There really isn’t much left to the bill, why bother at this point?

SB 3 – SoDakLiberty PostsProvide for mediation of certain drainage disputes.

This bill was amended in Senate Ag and passed that committee 8-0. It then passed the Senate floor 32-2. House Agriculture and Natural Resources passed the bill 11-0. This is a HUGE topic… especially here in Brown County, where the County Commissioners act as the drainage board. There have been a lot of incidents where neighbors get into battles (sometimes with fists) over water drainage issues. I don’t see getting the Dept of Ag involved as the answer. Currently cases dealing with drainage issues go to court. This bill would allow mediation of such cases without expense of a court. I have been opposed to this, and still have soft opposition to the bill. But this issue gets hotter and hotter each year in NE South Dakota. Perhaps it is time for an approach such as this to come forward.

SB 73 – SoDakLiberty PostsImprove public safety regarding juvenile justice.

* Deferred from yesterday!

This bill passed the Senate and House State Affairs with no opposition. This is part of the Governors and Chief Justices initiative to reform SD’s horrendous juvenile incarceration rates. This bill would mirror some of the steps taken to reform the incarceration rates for adults. Parts of this bill has some good ideas and changes. But until the state actually looks at reducing the number of victim-less offenses that are crimes, there will continue to be an outrageous number of people in SD locked up for no reason. But having said that, I do think this bill provides an improvement over what is currently.

SB 136 – SoDakLiberty Posts – Exclude certain municipal taxes from the gross receipts used to determine the tax liability for customers served by electric cooperatives.

This bill was gutted by Senate Tax. It passed the committee 6-1 after being hoghoused. The new bill seems to do about the same thing, just in a different way. It was then gutted again on the Senate floor, and language similar to the original bill was hoghoused into it. Basically this looks like a good bill. It prevents a tax from being taxed. The re-hoghoused bill passed the Senate floor 32-0. It had a couple of amendments in House Tax and passed that committee 12-0.

SB 2 – SoDakLiberty PostsProvide for the establishment of river basin natural resource districts.

This bill passed Senate Ag 6-3 after being amended. It passed the Senate floor 20-12. It was then amended in House Ag and passed 10-1. I think the amendment alleviates the fears of some (including me) about the bill. The amendment in part adds this language: “This Act does not give any district created pursuant to this Act any regulatory or taxing authority”. I still fear the districts would be used against land owners in the future. But the debate on whether this would help with excess water issues is worth having, It should be interesting to see what the House floor does with the bill.

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

This bill passed the Senate and then House Appropriations without opposition. This was in the governor’s budget address. ACA has made this contingency fund unnecessary.

SB 33 – SoDakLiberty PostsExtend resident tuition eligibility to the spouses and children of active duty military personnel and of qualifying veterans.

This bill flew through the Senate and through House State Affairs with no opposition. Currently a veteran does not have to meet the twelve-month residency requirements to be considered a resident for tuition. This bill would add the same right to the veterans spouse or children.

SB 70SoDakLiberty Posts – Require that the mandatory reporter who witnessed the disclosure or evidence of child abuse or neglect be available to answer questions when the initial report is made.

This bill was amended by the Senate State Affairs committee and passed that same committee 9-0 and the Senate floor 33-0. After some good proponent testimony it passed through House State Affairs 12-0. Current state law has various professions that must report suspected child abuse or neglect. This bill would make sure the person reporting the abuse is available when the report is made to the authorities. That will help investigators actually determine what happened and if the case can be pursued.

SB 137 – SoDakLiberty Posts – Revise certain provisions regarding the term of the Executive Board of the Legislative Research Council.

This bill passed through the Senate and through House State Affairs with no opposition. This seems to ensure that the legislators elected to the board only serve during the two-year period each legislator is elected to. I think the older language intends that, but this bill makes that much more clear.

SB 191 – SoDakLiberty Posts – Revise certain provisions regarding capital outlay certificates and lease purchase agreements of school districts and the pledge of state aid to education funds program aid to secure such obligations.

This bill passed Senate State Affairs 9-0 after being amended. The bill then passed House State Affairs 12-0. It then had a title amendment on the Senate floor and passed 31-1.

SB 13 – SoDakLiberty Posts – Require certain persons convicted for human trafficking to register as sex offenders.

This bill passed Senate Judiciary and the Senate floor with no opposition. It passed House Judiciary 8-4. This bill adds two types of crimes to those that require registering as a sex offender. These two are first degree human trafficking if the victim is a minor and second degree human trafficking involving the prostitution of a minor. This bill I wonder about, because either of these convictions seem to possibly fit under current types of crimes that already require registering as a sex offender.

SB 186 – SoDakLiberty Posts – Revise the procedure for the execution of a warrant.

This bill passed Senate Judiciary 6-0 after being amended. The amendment took out the new language that was to be added by the bill. Now the bill appears to clarify the words used in the law. The bill passed the Senate floor 32-0. Finally it passed House Judiciary 11-0.

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