Home > 2015 SD Legislative Session > Bills on the SD House floor for Fri Mar 6

Bills on the SD House floor for Fri Mar 6

March 6, 2015
SD House Floor. Photo by Ken Santema 02/25/15.

SD House Floor. Photo by Ken Santema 02/25/15.

Here are the bills on the SD House floor for Friday, March 6, which begins at 1:00 PM central.

It is Friday and legislators are looking to go home for the week; so the House will likely spend very little time going through bills. After today, there are only two more days to get all of the bills passed in the Second house. That means all of these bills must be passed (or killed) on Monday or Tuesday of next week.

MOTIONS AND RESOLUTIONS

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.

Consideration of Senate Amendments

This bill passed the House Health and Human Services committee 11-2 and the House floor  66-1 after a small wording amendment. This bill passed Senate Health and Human Services 6-0. It was amended on the Senate floor and passed 32-0. The House must now choose whether to agree with the Senate amendment. The amendment adds clarification when dealing with a minor and using investigational treatments. It looks like a good change to a good bill. This bill has the potential to save lives by allowing treatments that may not otherwise be available.

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

Consideration of Senate Amendments

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. This bill was amended on the Senate floor and passed 22-10. Originally the bill included “attending the inauguration of constitutional officers” as to a time when legislators are paid. Senate amendment changed that to “taking the oath of office”. Technically they are both the same, but I don’t see a problem with that change. Overall I don’t see a problem with this bill. But at the same time I do agree with some legislators that say any changes to their pay should come before the voters. Since the bill flew through the House in its first pass, I don’t see any reason they won’t concur with the changes made by the Senate.

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

Consideration of Senate Amendments

This bill passed House Local Government 10-3. It was amended on the House floor and passed 52-17. It then passed Senate Ag 7-2. It was amended on the Senate floor and passed 22-11. The amendment changed a “shall” to “may”. This amendment dealt with a big point of contention in the bill. The bill allows the conditional use permits to be passed by a simple majority instead of a 2/3 vote. Originally the bill said “The process shall include adoption of simple
11 majority affirmative vote requirements pursuant to subdivision 11-4-17(3).” Now the bill says “The process may include adoption of simple 11 majority affirmative vote requirements pursuant to subdivision 11-4-17(3).” Personally I don’t think this will stop the opposition to the bill. Many opponents believe this change will be used to allow more CAFO’s in the state.

CONSIDERATION OF REPORTS OF COMMITTEES

Amended HJ 32nd LD: SB 180, SB 100
WITHOUT RECOMMENDATION: SB 189

SB 189 – SoDakLiberty Posts – Provide a tax credit to insurance companies that contribute to an organization providing educational scholarships to certain students and instructional supply grants to certain teachers and parents.

Normally I don’t comment on anything in the Consideration of Reports of Committees. But in this case SB 189 was sent to the House floor without recommendation. This is an interesting bill, one that I have been teetering between opposing and supporting. On the one hand I think private education is a great school choice option for the children in our state. This funding mechanism would potentially allow more children to take advantage of this option, which has worked quite well in other states.

On the opposition side there are many that do not want public dollars to be used for private education. My opposition has partly been for that reason, however it has been a soft opposition. Most of my opposition has come because such public money used for private education can often lead to strings being attached. There are no strings attached to this bill that I can see, but if this trend continues I can see where it would potentially happen in the future.

At this time I am teetering on supporting the bill. I do think the proponents of this bill made a good case in committee that this change will not hurt public education funding in SD. In fact it may help public education funding long-term. I still am wary about continuing down this path because of the mandates that can be attached in the future. But I think those mandates can be dealt with as they come.

Since the bill was sent to the floor without recommendation it must be smoked out to actually be heard on the House floor. It should be interesting to see if that is done, and if it is successful.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 97 – SoDakLiberty Posts – Revise the allowable penalties for a person admitted to drug court. 

* Deferred from Wednesday!

This bill passed through the Senate with no opposition and through House Judiciary 11-1. According to the fiscal note this bill will supposedly keep about seven people from year from going to prison. It is a small step, but it does appear to be a good move.

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

* Deferred from yesterday!

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.

* Deferred from yesterday!

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.

* Deferred from yesterday!

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.

* Deferred from yesterday!

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.

* Deferred from yesterday!

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.

* Deferred from yesterday!

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.

* Deferred from yesterday!

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.

* Deferred from yesterday!

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.

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 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 190 – SoDakLiberty Posts – Clarify health coverage for applied behavior analysis.

This bill was amended twice in Senate State Affairs and passed that committee 9-0. It then passed the Senate floor 35-0. It was further amended in House State Affairs. One of the big changes in House State Affairs was to change the maximum benefit for children up to age six from “$36,000” to “$50,000”. I do think the proponents in committee made the case that such changes need to be made. I also think it is just wrong that insurance companies are not covering ABA. But at the same time I still see this as a mandate. It should also be noted that this mandate only applies to grandfathered plans (ones not compliant with ACA), and even then it might not apply to all of those plans. This is not just a mandate, but it is a mandate that is targeted to a class of insurance that will keep shrinking. This will likely pass the House…

SB 132 – SoDakLiberty Posts – Allow school districts to recruit teachers by providing certain financial incentives.

This bill passed Senate Ed 4-1. It was amended on the Senate floor and passed 26-7. The amendment on the Senate floor took away the incentives for current teachers. This bill was amended last week in House Ed. The amendment allows a school district to negotiate through a teacher’s designated collective bargaining representative. However the language is permissive. Meaning the school district doesn’t have to work through a union for this incentive if it doesn’t want to. The amended bill passed through House Ed 11-3. This bill shouldn’t have any problems passing the House floor.

SB 134 – SoDakLiberty Posts – Prohibit minor boundary changes for one year, to establish the school district boundary task force, and to declare an emergency.

This was a hoghouse vehicle bill. It passed through the Senate without opposition after Senate State Affairs filled the bill with its actual content. It was slightly amended in House Ed and passed that committee 14-0. Section 2 of the bill explains the purpose of this task force pretty well:

There is hereby established the school district boundary task force. The task force shall examine the boundaries of the existing school districts and recommend possible changes to those school district boundaries. The task force will also recommend a process for addressing minor boundary changes in the future once the moratorium established in section 1 of this Act has ended. The task force will not discuss or make any recommendations regarding school district reorganization.

SB 154 – SoDakLiberty Posts – Require that certain employees of the Department of Veterans Affairs be veterans.

This bill passed the Senate with no opposition. It was slightly amended in House Judiciary and passed that committee 12-1. This bill would require the “state veterans service officer or state fieldmen veterans service officer shall be a veteran who has served in the armed forces of the United States and is a citizen of the United States”. It then says all other employees of the Dept of VA shall be veterans if available. I can understand giving preference to veterans for these jobs. But I really can’t see a provision that says a veteran must fill these positions. That just isn’t good policy.

SB 131 – SoDakLiberty Posts – Establish certain provisions regarding stray electrical current and voltage remediation.

This bill passed through the Senate  and through House Ag without opposition. This has been an interesting bill to listen to, I’ve learned a lot. It seems the bill is set to give a process for dairy producers and electricity providers to settle stray voltage disputes (something I had not heard about before). If the farmer believes stray voltage has negatively impacted a cow, then the PUC would be brought in. There are provisions built-in to make sure neither side of the dispute are doing so in bad faith. It is an interesting bill, and should pass the House easily.

SB 178 – SoDakLiberty Posts – Revise certain programs and authorize certain projects in the Unified Judicial System and to make an appropriation therefor.

This bill passed through the Senate and through House Appropriations without opposition. This bill appropriates $500,000 from the Unified Judicial System court automation fund to the Unified Judicial System for the purpose of providing incentive payments to attorneys participating in the rural attorney assistance program. The bill also increases the number of attorneys that can participate in the program from 16 to 32. The bill also has an appropriation of $300,000 for renovating the Supreme Court law library in the state capitol building. Another $100,000 is appropriated to award grants to counties for projects related to the improvement of courthouse security. Then another $400,000 to help address the negative cash balance in the law enforcement officers training fund.

SB 179 – SoDakLiberty Posts – Revise certain provisions relating to record search fees in the Unified Judicial System.

This passed Senate Appropriations 7-1 and the Senate floor 31-0 and House Appropriations 8-0. This bill appears to increase the fee from $15 to $20. That extra $5 would go directly to the law enforcement officers’ training fund.

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