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

Bills on the SD Senate floor for Thurs Mar 5

March 5, 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 Thursday, March 5, which begins at 2:00 PM central.

MOTIONS AND RESOLUTIONS

SB 48 – SoDakLiberty PostsRevise certain provisions pertaining to the operation of personal watercraft.

Consideration of House Amendment

This bill passed the Senate Judiciary committee 6-1 and had no opposition on the Senate floor. This bill was slightly amended in House Judiciary and passed that committee 8-3. It then passed the House floor 62-5.

This bill makes three slight revisions to the use of personal watercraft, such as a jet-ski. The two big ones are:

  • The provision for a flotation device changed from “type I, type II, type III, or type V” to wearable.
  • Currently lights on a boat are needed from one-half hour after sunset to one-half hour before sunrise. This would change it from sunset to sunrise.

The amendment in House Judiciary dealt with the Sunset to sunrise language. The Senate must choose whether to accept this amendment.

SB 43 – SoDakLiberty PostsRevise certain provisions regarding lease purchase agreement payments and to ratify certain lease purchase agreements with the Health and Educational Facilities Authority.

Consideration of House Amendment

This bill passed Senate Ed and the Senate floor with no opposition. It then had quite a substantial amendment in House Appropriations; where it then passed 9-0. It was then amended again on the House floor and passed 67-0. This bill appears to be clarifying code regarding the bonds and lease payments for education buildings.

CONSIDERATION OF EXECUTIVE APPOINTMENTS

Appointment of:
Kimberley Malsam-Rysdon     Secretary of the Department of Health

Reappointment of:
Andy Gerlach             Secretary of the Department of Revenue

CONSIDERATION OF CONSENT EXECUTIVE APPOINTMENTS

Appointment of:
Jeffery D. Burket         South Dakota State Railroad Board
Jerry Cope            South Dakota State Railroad Board
Harlan J. Quenzer        South Dakota State Railroad Board
Laurie Gill            Commissioner of the Bureau of Human Resources

Reappointment of:
Gloria Pearson         Secretary of the Department of Human Services
Lynne Valenti            Secretary of the Department of Social Services
Todd Yeaton            South Dakota State Railroad Board
Carl Anderson         South Dakota State Railroad Board
Sheldon E. Cotton        South Dakota State Railroad Board
Gary Doering            South Dakota State Railroad Board
Timothy A. Reisch        Adjutant General
Larry Zimmerman        Secretary of the Department of Veterans Affairs

SECOND READING OF CONSENT CALENDAR ITEM

HB 1194 – SoDakLiberty PostsSet a minimum size for a sign about zoning changes or conditional use permits.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1190 – SoDakLiberty PostsMake an appropriation for community-based provider workforce improvement and to declare an emergency.

The Office of the Governor asked for this bill. Here is what the bill originally appropriated before House Appropriations amended the amounts down to a dollar:

  • $2,926,732 from the general fund and $1,863,190 in federal funds to the Department of Social Services for the purpose described in section 1 of this Act.
  • $1,041,240 from the general fund and $1,041,411 in federal funds to the Department of Human Services for the purpose described in section 1 of this Act.
  • $157,028 from the general fund and $79,791 in federal funds to the Department of Corrections for the purpose described in section 1 of this Act.

The bill passed House Appropriations 8-0 and the House floor 65-4. It was then amended in Senate Appropriations from $1 to $2 and passed that committee 9-0.

HB 1191 – SoDakLiberty PostsMake an appropriation for the Jobs for America’s Graduates program and to declare an emergency.

This was amended in House Appropriations to change the appropriated amount down to $1, from $925,000. It then passed House appropriations 9-0 and the House floor 62-5 (after having a slight wording amendment). Senate Appropriations then amended the amount up to 250,000 and passed through that committee 9-0.

HB 1103 – SoDakLiberty PostsRevise certain provisions relating to comparative negligence.

This bill passed House Judiciary 10-3 and the House floor 54-13. I somehow keep missing testimony on this bill to understand it. It had a wording amendment done in Senate Commerce and passed 4-3.

HB 1021 – SoDakLiberty Posts – Repeal the authorization for the South Dakota School of Mines and Technology research center project and to authorize the South Dakota Building Authority to issue bonds to finance a portion of the maintenance and repair of the South Dakota School of Mines and Technology chemistry/chemical engineering renovation project.

This bill passed through the House and through Senate Appropriations without opposition.This bill basically strips the information about the research center project and inputs the chemistry/chemical engineering renovation project. The new project has a price not to exceed 10 million dollars.

HB 1022 – SoDakLiberty Posts – Authorize the Board of Regents to purchase improved property in Spearfish and to make an appropriation therefor.

This bill passed House Appropriations 8-0, the House floor 64-3, and Senate Appropriations 9-0. This bill authorizes the Board of Regents to buy property in Spearfish for $45,000.

HB 1147 – SoDakLiberty PostsIncrease the amounts of the annual awards given to recipients of the South Dakota opportunity scholarship.

The bill passed House Appropriations 9-0, the House floor 65-3, and Senate Appropriations 8-1. This would add three hundred dollars for years one, two, and three students. Six hundred is added for fourth year students, or only three hundred if they did their previous years outside SD. This bill would also change the total amount of scholarship money from $5,000 to $6,500. I think scholarships are great. But even this little bit of money could probably be better used in other areas.

HB 1179 – SoDakLiberty PostsRevise the definition of a veteran.

This bill passed the House State Affairs committee 7-3, the House floor 63-4, and Senate Appropriations 9-0. This bill has received a lot of attention. Personally I support the bill. Whether someone actually got deployed doesn’t change the fact they signed up and were willing to put their lives on the line.

HB 1020 – SoDakLiberty Posts – Revise the mailing fees for noncommercial vehicle plates and decals.

This bill was slightly amended in House Transportation. It then passed that committee 13-0, the House floor 66-1, and senate Taxation 5-1. This bill seems to clarify the mailing fees associated with license plates and stickers. The rewording of the language has me thinking this is at the request of the Counties. It ensures the money goes into county treasuries when the county pays the postage.

HJR 1005 – SoDakLiberty PostsDesignating Oglala Lakota County as the new name of Shannon County.

This bill passed House State Affairs 12-0, the House floor 64-5, and Senate State Affairs 8-0. I’m not sure what the no’s on the House floor were about. The voters of Shannon County already decided they wanted to change the name to Oglala Lakota County. This is just a formality.

HB 1169 – SoDakLiberty PostsAccommodate legislation on medical services.

This is a hoghouse vehicle bill. It is just sad the House and now Senate State Affairs passed a bill with no legislation… 11 people on the House floor voted no to it. That means whatever is filled into this bill will do so without public testimony.

HB 1170 – SoDakLiberty PostsAccommodate legislation relating to education in South Dakota.

This is a hoghouse vehicle bill. It is just sad the House and now Senate State Affairs passed a bill with no legislation… 11 people on the House floor voted no to it. That means whatever is filled into this bill will do so without public testimony

HB 1171 – SoDakLiberty PostsEnhance South Dakota.

This is a hoghouse vehicle bill. It is just sad the House and now Senate State Affairs passed a bill with no legislation… 15 people on the House floor voted no to it. That means whatever is filled into this bill will do so without public testimony

HB 1176 – SoDakLiberty PostsAuthorize a person to be on the general election ballot for president or vice president and another office.

The bill passed House State Affairs 9-2, the House floor 50-17, and Senate State Affairs 6-2.

Here is what I said about the bill before:

This is one of those bills that just shows politics in SD never seems to change. To put this bill in perspective lets go down memory lane with Argus reporter Jonathan Ellis:

In 2002, state lawmakers passed three laws that barred candidates from running for president or vice president while also running for another office. One of the three laws applied to primary elections.

Why? At the time, then Sen. Tom Daschle was weighing a possible run for president in 2004. Daschle’s Senate seat was also up in 2004, and the Republican-controlled Legislature was trying to ice Daschle out: He could run for the Democratic nomination for president, or he could run for a fourth Senate term. But he couldn’t do both.

The “Daschle rule” was considered a success. That political move could be seen as a victory by the Republican Party. And honestly, I think it actually is a good rule. Pick an office and run for it.

Now let’s fast forward ten years. There is the potential of Senator Thune running for President or Vice President on the same year he is up for re–election as a Senator in 2016. So what is the Republican Party to do in such a situation? Well, apparently they will introduce 1176 and remove the barrier they created for a Democrat Senator to run for two offices. It should be noted the bill is directed at the President and Vice President runs; any other combination of elections are forbidden to run for two offices on the ballot.

I still feel this is a bad bill. This bill will likely pass. After session ends I plan to do a post about Thune and his possibilities…

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

* Deferred from yesterday!

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

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 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.

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