Home > 2015 SD Legislative Session > Bills on the SD Senate floor for Tues Mar 10

Bills on the SD Senate floor for Tues Mar 10

March 10, 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 Tuesday, March 10. This is the last day that bills can pass the second chamber. To make sure they can get through the calendar, this session begins at the special time of 10:00 AM! This list is quite short compared to the House list!

CONSIDERATION OF REPORTS OF COMMITTEES

Amended SJ 34th LD: HB 1110, HB 1192, HB 1228

CONSIDERATION OF CONSENT EXECUTIVE APPOINTMENTS

Reappointment of:
Brent E. Dykstra        South Dakota Lottery Commission
Dennis Neugebauer    South Dakota Building Authority

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1225 – SoDakLiberty PostsProhibit the unauthorized commercial use of a personality’s right of publicity and provide a civil remedy therefor.

* Deferred from yesterday!

This bill had a major amendment changing wording around in House Judiciary and passed that committee 12-0. I had apprehensions about this bill due to its ties to the MPAA. However the amended version of the bill doesn’t seem to raise any red flags for me. And it does seem to protect a persons likeness from being used commercially without permission in SD. It is an interesting bill for sure. The bill passed the House floor 66-2. It barely made it through Senate Judiciary with a vote of 4-3.

HB 1219 – SoDakLiberty PostsPermit entities to voluntarily disclose ownership on filings with the Office of the Secretary of State and to establish a fee therefor.

This bill passed State Affairs 12-0 after being amended. The section of code being amended has to do with the The Model Registered Agents Act (MoRAA) (§ 59-11). This is a section of code that standardizes business entity reporting. This particular bill adds a $25 fee to submit the statement of voluntary disclosure of beneficial interests with the SOS office. The bill passed the House floor 67-2.

It had a slight amendment in Senate Appropriations and passed 9-0.

HB 1228 – SoDakLiberty PostsEstablish an obligation recovery center.

This bill was originally titled “Establish the state debt collection office”. I guess some legislators felt “obligation recovery center” sounded much nicer…  This was a hoghouse vehicle bill. The Senate version of this bill (SB 59 –SoDakLiberty Posts) was tabled. This bill was filled with the language the Department of Revenue wants. SD does not need to expand government just to be used against citizens of the state.

The hoghoused bill passed House Appropriations 8-1. It was amended on the House floor and passed 58-11. Hopefully this bill gains more resistance in the Senate.

This bill was watered down quite a bit in Senate Appropriations. As I read through the new version of the bill I think its time for the Senate to just kill it. It was a bad idea, and a watered down bad idea is still a bad idea……

HB 1192 – SoDakLiberty PostsMake an appropriation for the protection and enhancement of wildlife habitat and to declare an emergency.

This was amended to change the appropriated amount down to $1, from $1,500,000. It then passed House appropriations 9-0 and the House floor 52-15.

The $1 placeholder was amended to $500,000 in Senate Appropriations.

HB 1185 – SoDakLiberty PostsMake an appropriation for property and casualty loss coverage, to establish the property and casualty captive insurance company fund for state properties, and to declare an emergency.

This bill passed House Appropriations 8-0 after being amended (casualty was misspelled as casually in part of the bill). It then passed the House floor 50-20. This bill appropriates $4,000,000 to “the Bureau of Administration for the purpose of making a grant to a captive insurance company controlled entirely by the state to fund property and casualty loss coverage.” Daugaard has mentioned this before. It makes sense for an entity as big as the state to take such an approach to insure property owned by the state…. But…… Is this really a priority right now? The state has gone 125 years without a captive insurance company. That four million could be better spent on infrastructure or education.

This bill was NOT amended in Senate Appropriations and passed that committee 6-3. Hopefully this meets some resistance on the Senate floor.

HB 1186 – SoDakLiberty PostsRevise an appropriation made to the Science and Technology Authority.

The bill passed House Appropriations 9-0 and the House floor 53-17. Here is the language being added to the act that provides the agreement with owners of the former Homestake Mine:

Up to two million five hundred thousand dollars of the indemnification fund may be used to provide initial capital and pay expenses for a captive insurance company upon the terms and conditions to be set forth in the agreement between the owners of the former Homestake Mine and the authority. If released in writing by the owners of the former Homestake Mine, up to seven million five hundred thousand dollars of the indemnification fund may be used by the authority for the purpose of a project, as defined in subdivision 1-16H-3(3), at the former Homestake Mine in Lead, South Dakota.

I had no problem with this bill at first. But after looking further I wonder if this is really where the state should be focusing money. There are a lot of actual state constitutional level priorities that could use funding. The bill passed Senate Appropriations 6-3.

HB 1187 – SoDakLiberty PostsMake an appropriation for liability coverage for the South Dakota Building Authority, South Dakota Health and Educational Facilities Authority, South Dakota Housing Development Authority, South Dakota Ellsworth Development Authority, and South Dakota Education Enhancement Funding Corporation, to establish the liability captive insurance company fund, and to declare an emergency.

This bill passed House Appropriations 8-0 after being amended. It then passed the House floor 59-11. This appears to be a sister bill to HB 1185. It appropriates $2,000,000 to “the Bureau of Administration for the purpose of making a grant to a captive insurance company to provide liability coverage to the South Dakota Building Authority, South Dakota Health and Educational Facilities Authority, South Dakota Housing Development Authority, South Dakota Ellsworth Development Authority, and the South Dakota Educational Enhancement Funding Corporation.” Just like with 1185 I feel this is not a good choice of where to spend money right now. It sounds like a good idea, but a good idea doesn’t mean it is a good funding priority. It passed Senate Appropriations 6-3

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

* Deferred from yesterday!

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.

* Deferred from yesterday!

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

* Deferred from yesterday!

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 1169 – SoDakLiberty PostsAccommodate legislation on medical services.

* Deferred from yesterday!

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.

* Deferred from yesterday!

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.

* Deferred from yesterday!

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 1110 – SoDakLiberty PostsApprove the addition of judges to the Second and Seventh Judicial Circuits and to make an appropriation therefor.

ere is what the bill originally appropriated before House Appropriations amended the amounts down to a dollar:

  • $227,216 for the creation of a circuit court judgeship in the Second Judicial Circuit. $213,571 of that can be used for personal services and benefits. $13,645 can be used for operational expenses. 2.0 FTE for a circuit judge position and support staff in the Second Judicial Circuit.
  • $227,216 for the creation of a circuit court judgeship in the Seventh Judicial circuit. $213,571 of that can be used for personal services and benefits. $13,645 can be used for operational expenses. 2.0 FTE for a circuit judge position and support staff in the Seventh Judicial Circuit.

The bill passed House Appropriations 8-0. It passed the House floor 59 to 10.

It was amended in Senate Appropriations from the placeholder $1 to $2 to force the bill into conference committee.

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