Home > 2015 SD Legislative Session > Bills killed by committees during SD legislative week eight

Bills killed by committees during SD legislative week eight

March 8, 2015
Art within the SD State Capital building. Photo by Ken Santema 02/25/15.

Art within the SD State Capital building. Photo by Ken Santema 02/25/15.

Here are the bills that have been killed by the committees during week eight of the SD legislative session. Week eight is when the legislature pushes hard to get bills out of committee. That is because all bills have to be moved to the floor by the end of Monday. That also means most committee meetings from this point forward are so the legislators can talk about what they want to do during the summer.

This is the list of bills kills this previous week

House State Affairs

SB 71 – Deferred to the 41st legislative day – SoDakLiberty Posts – Continue the Jolene’s Law Task Force for an additional year, revise the membership of the task force, and to declare an emergency.

This bill was at the request of the Jolene’s Law Task Force.This bill went through the Senate without opposition. It was then killed by House State Affairs quite unexpectedly. The reason given was that such work groups should go through the normal summer study process. That maybe could be believed if the legislature hadn’t already passed SB 168 (SoDakLiberty Posts), which creates a task force to study elderly abuse in SD. Additionally, it seemed odd for the legislature to suddenly kill a task force that everyone seemed to agree would take multiple years. After the bill was killed Governor Daugaard said he was going to step in and use grant money to continue the task force. That seemed to be a suspiciously odd set of events. One could make the case that it looks like the executive branch asked for the bill to killed so the Governor could come in and save the day. It’s not an unusual move in politics; except for the fact Governor Daugaard is not up for re-election. House State Affairs voted 10-2 to kill the bill.

Its been a while since I’ve done wild speculation. I might as well do that now. Another theory is that the legislature will to fail to pass the infrastructure funding bill this year (Mercer put that idea in my head). The transportation committee will then want to take another year to look at the proposals for infrastructure funding. By moving Jolene’s Law Task Force to being funded by an administrative grant, it frees up summer study funds to be used for a roads and bridges interim committee. The killing of Jolene’s Task Force in the legislature may be another sign that a transportation bill will not pass this year.

SB 135 – Deferred to the 41st legislative day – SoDakLiberty Posts – Authorize municipalities to impose an additional sales and use tax for a limited period of time for a specified use.

After being amended this bill passed Senate State Affairs 6-2. It then squeaked through the Senate floor by a vote of 19-14. Basically this bill would allow municipalities to propose and citizens to vote on a one cent sales tax increase to be used for a specific project. The tax would be time and dollar limited. The amendment added in Senate State Affairs was to add the provision that if the Governor declares a state of fiscal emergency in SD and the State sales tax goes, then this municipality tax can no longer be used.

I actually thought this one might have a chance to pass through both bodies. True, Americans for Prosperity (AFP) office in SD has been working hard to fight against this bill. But I also know townships and counties have been pressing hard to have local control revenue sources. But then at the same time there are some legislators who likely were afraid to pass this tax increase allowance on the same year a massive infrastructure tax increase will be passed statewide. The bill was killed by the House State Affairs committee 7-6.

HB 1092 –  Tabled –SoDakLiberty PostsEstablish the rural school teacher recruitment assistance program, and to make an appropriation to the education enhancement trust fund to provide for the annual funding of the program.

This bill passed House Appropriations 7-1 after being amended. It then passed the House floor 65-4. This bill establishes a “rural school teacher recruitment assistance program”. There is way too much going on this with this bill for a summary post such as this. But the $1,500,000 appropriated for this Act was amended down to $1. It isn’t surprising this bill would be tabled with the blue ribbon education task force that will take place over the next year. The committee tabled the bill unanimously.

Senate Education

HB 1218 – Tabled – SoDakLiberty PostsCreate certain funding for education in South Dakota.

This was a hoghouse vehicle bill that had been used to create a source of funding tech schools. The hoghoused bill passed House State Affairs unanimously and the House floor 60-9. Senate Ed tabled it unanimously. That is probably for the best. It would have taken money meant for K-12 education and send it to the tech schools.

HB 1161 – Deferred to the 41st legislative day – SoDakLiberty PostsLimit certain rule making authority of the South Dakota High School Activities Association.

This bill passed out of House Education 9-6 and the House floor 46-23. This a companion to HB 1195 (SoDakLiberty Posts). It would prevent the SDHSAA from creating a transgender policy. I think these two bills were misguided. In this case the SDHSAA was trying to deal with a modern situation that does, and will continue to, happen in the modern world. Instead of bills like this, the legislature should look at ways to make SDHSAA work with schools on a variety of topics. I’ve spoken with more than athletic director in the state that feels SDHSAA has overstepped what should be within its authority in many areas. Senate Ed killed the bill 5-2.

HB 1195 – Deferred to the 41st legislative day – SoDakLiberty PostsDeclare void the transgender policy of the South Dakota High School Activities Association and to establish a determinant in identifying a student’s sexual identity for the purpose of participation in high school athletics.

This passed out of House State Affairs 10-2 and the House floor 51-16. Same comments for this bill as I have for HB 1161 above. Senate Ed killed the bill 4-3.

Senate Health and Human Services

HB 1230 – Tabled – SoDakLiberty PostsAffirm the sanctity of human life.

This was originally a bill to prevent beheading of unborn children during abortions. Technically the bill was unnecessary because the types of abortions that would do such a thing are not available in SD. The bill was gutted on the house floor and all it says now is: “The State of South Dakota recognizes the sanctity of human life”. In that form it is no longer a bill, it is a resolution. Senate Health resisted the call to hoghouse it back to its original form, and tabled the bill unanimously.

Senate Judiciary

HB 1205 – Deferred to the 41st legislative day – SoDakLiberty PostsProvide for the certification by a chief law enforcement officer of the transfer of certain firearms.

House Judiciary amended the bill twice and the bill passed that committee 12-0. It then passed the House floor 67-1. This bill appears to make sure that when a law enforcement officer is required by federal law to certify the lawful transfer of a firearms that the certification is done. This would appear to make sure that as long as those involved are not disqualified by law, that law enforcement cannot stop the transfer from happening. Senate Judiciary killed the bill 6-1.

Senate Local Government

HB 1083 – Deferred to the 41st legislative day – SoDakLiberty PostsRequire reimbursement to certain entities for fire suppression and extinguishment costs.

This bill passed House Judiciary 12-0 after being gutted and simplified. It was then slightly amended on the House floor and passed 56-11. It was gutted again by Senate Local Government with language similar that it left the House with. It failed a Do Pass motion by a vote of 2-5. The committee then killed it with a vote of 4-3. I really find it odd this bill was killed. It would only have given rural fire departments the same ability bigger fire departments have.

Senate State Affairs

HB 1153 – Deferred to the 41st legislative day – SoDakLiberty PostsExpand the definition of teleconference to include certain meetings conducted through electronic text colloquy and to require the retention of certain records of text colloquy meetings for public inspection.

This bill passed Local Government 11-2 after being amended. This was a good bill. Then it was amended to make it a little more watered down. It is still a move in the right direction though. It passed the House floor 47-22. Senate State Affairs watered the bill down even further making apply only to email. The bill was then killed by a vote of 5-2.

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