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Frerichs, McCleerey and Feickert at the Brown County Democrat March meeting

March 27, 2015 3 comments

On March 26, 2015, the Brown County Democrats held their monthly meeting at the Eagles club in Aberdeen. Sen Jason Frerichs (D, Dist 1), Rep Steven McCleerey (D, Dist 1), and Rep Dennis Feickert (D, Dist 1) were all guest speakers to give their perspective about how the SD 2015 legislative session went. In this post I’ll pull out some of the highlights of what they each had to say (and keep my editorial comments to a minimum)

Sen Frerichs speaking in Aberdeen. Photo by Ken Santema 03/26/15.

Sen Frerichs speaking in Aberdeen. Photo by Ken Santema 03/26/15.

Frerichs was the first legislator to speak. He opened up by noting that the Senate Democrat caucus actually gained one member in 2015. Along those lines he noted it would have been nice to keep Chuck Welke in the Senate, but he was defeated last fall by Sen Brock Greenfield  (R, Dist 2). He noted that each additional person in the Senate gives the Democrat caucus a little more power, but they need to work on getting at least a third of the Senate to make any real headway. I would agree, in 2016 the Democrats should work hard on getting twelve seats in the Senate if they truly want to have any impact in Pierre.

When talking about this session, Frerichs noted a big theme of this session was that big issues were being avoided. The issues he brought up that were ignored this year include Medicaid Expansion, teacher pay, and teacher recruitment. He believes those issues were “brought up, and placed on top, and placed to the side. And that is unfortunate.”

When talking about the roads bill SB 1 Frerichs noted that the Governor wanted the roads bill and “wants it bad”. He noted the first time going through the Senate he voted no to SB1 quite easily because it really didn’t do much for local governments. Frerichs noted that the conference committee for the bill was one of the worst he has ever seen in Pierre (and I would agree). He noted the bill kept getting delayed during the conference committee process and that the House was holding it up. From his perspective it wasn’t even a Republican vs Democrat issue. It was purely the House trying to control the bill. On the Senate side he noted the Democrats were being lobbied hard to vote for SB1, because they were a couple of votes short in the Republican caucus. Frerichs said that was a good opportunity for the Democrats to push for more local money. The final bill he felt was more “leveled out” so he voted for it the second time. (My summary of what is in SB 1 can be read here).

Frerichs then went on to talk about the water management bills SB 2 and SB 3. Both of these are bills he worked hard on to get passed and will continue to work with going forward. SB 2 creates nine river basin natural resource districts. He also mentioned it creates a pilot project in his area of the state and has a legislative oversight taskforce. He believes there will be a lot of work implementing SB2. He noted that the districts will be a work in progress. When talking about the districts he doesn’t think they will solve all of the water problems; but he does think the program will get the state down the right path of managing the water in the river basins. He said “we shouldn’t just sit back and let mother nature rule us.” That was an interesting segway into his next point. He noted the legislature also passed legislation providing funding for the pine beetle situation west river (SB 152). He noted that west river is fighting to save their property and their economy from a mother nature problem. Further, he finished that thought by saying “This is our pine beetle problem of the east”.

Rep McCleerey speaking in Aberdeen. Photo by Ken Santema 03/26/15.

Rep McCleerey speaking in Aberdeen. Photo by Ken Santema 03/26/15.

McCleerey said if he had to sum up the session in one word it would be “frustrating”. He believes there is a lack of leadership “coming from the other side” and coming from the Governor’s office. He believes that is an unfortunate situation for the people of South Dakota. When talking about the youth minimum wage bill (SB 177) he felt the Governor should have used a veto. That seemed to tie into the lack of leadership points he made.

Briefly McCleerey mentioned something I have noted and plan to a post about in the future. He felt the time being put in while at Pierre is not sufficient. It was frustrating for him that session ended so early every day, and then on Friday they would be out of there at 1:30 pm.

McCleerey also took a few minutes to talk about the highway bill. He noted that when campaigning transportation funding was one of his top issues. But he was hesitant to vote for the bill because it was a such a “poor bill from the start”. The addition of the interstate top speed of 80 mph made the bill even worse for him. He did vote yes to the bill in the end.

Looking to the future McCleerey stated he believes the 2016 legislative session will be about Medicaid expansion and education funding. After that he believes the next two session will be about the Governors race. He doesn’t believe anything substantial will be done in 2017 and 2018 from his perspective. (I agree with him on these points, I would say the run for Governor in 2018 has already started, but that is a topic for a different post).

Talking about bills before the Health & Human Service’s committee, McCleerey mentioned HB 1080. HB 1080 allows investigational treatments to be used by patients under certain conditions. He was happy to the bill passed so it could help people out.

McCleerey was disappointed to see the tanning bed prohibition for minors (HB 1166) was not passed. He says cancer is increasing at an extreme rate. He says the bill was stopped by “small business libertarian types”. He felt it was almost embarrassing that the bill could not be passed, even though it had been amended many times to work out the differences. He felt it was wrong to choose between cancer and small businesses. Going further, he noted that a bill was passed to allow the use of a chemo therapy pill to treat cancer (SB 101) but the legislature couldn’t pass a bill to prevent cancer.

At the end of his time McCleerey noted the Republicans “are a split party”. He hopes the Democrats can capitalize on the split that is evident in the SD Republican party.

Rep Feickert speaking in Aberdeen. Photo by Ken Santema 03/26/15.

Rep Feickert speaking in Aberdeen. Photo by Ken Santema 03/26/15.

Feickert began by saying it was a disappointing how few bills the transportation committee actually took up this year. He noted that many of the bills that went before Transportation dealt more with updating the dates referenced in law. He was truly disappointed in SB 1 because there was discussion about where the road funding bill should go. Due to politics, he said that there was a push to get the transportation funding bill taken out of Transportation and put into State Affairs. The committee actually voted to keep the bill in Transportation. Then the next day it voted on the House floor to force the bill out of Transportation and into State Affairs. He said from that point on the massive transportation bill really didn’t have any involvement from the Transportation committee. (This is another issue that deserves a separate post, Feickert has a good point about the politics of this bill).

When going into specifics about SB 1, Feickert noted he was not happy with the tiered property tax portion of the bill. He said this new method of funding roads is “worse than an opt-out”. He believes the tiers are going to hurt big population counties. When it comes to property tax funding he felt the Governor’s original proposal was much better, but that was changed on the Senate floor.

Feickert also felt it was bad that the bill asking for a study on taxing agricultural land by its actual use was not passed (SB 4). He felt the study would have been able to show what the impact would be if a production-based property tax was implemented. Many opponents of the bill said it would negatively impact school funding. Feickert said the study should have been approved so it could be determined if that was true. Along the same lines he mention the bill that would have created a new leased residential property classification (SB 100). SB 100 was vetoed by the Governor. He feels the same arguments for SB 100 should have been used for SB 4. But at the same time he questioned whether landords would actually have passed savings on to renters if SB 100 had been implemented and a new lower tax levy was created for it.

Overall I would say all three legislators tried to make the case that it is hard to serve in a party that is in a super-minority. But all three noted that division within the Republican party does allow for them to have power at certain times. If they can get more numbers in the 2016 election it might open a new door for Democrats. (That is a BIG IF at this point).

46 bills Governor Daugaard announced signed into law on March 12

March 13, 2015 3 comments
SD House Floor. Photo by Ken Santema 03/10/15.

SD House Floor. Photo by Ken Santema 03/10/15.

On Thursday, March 12, Governor Daugaard announced forty-five more bills signed into law. He also announced signing the bill to reform Juvenile Justice System. That adds up to a total of forty-six bills signed into law on March 12.

Posts on the previous bills signed into law during the SD 2015 SD legislative session can be found hereherehereherehereherehere, here, and here.

The Juvenile Justice Reform bill SB 73 is probably the big news from this group. The Governor and Chief Justice believe this reform “it is expected that 29 percent fewer juveniles will be on probation in the next 5 years and more than 50 percent fewer youth will placed in state-funded facilities by 2020.”

SB 73 – SoDakLiberty PostsImprove public safety regarding juvenile justice.

This bill passed through the Senate and through House State Affairs with no opposition. It met with some resistance on the House floor, but still easily passed by a vote of 60-7. 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. The thing to watch with this initiative is what it does to county budgets. The adult reform has already shiften financial burden from the State to the counties; and this juvenile reform will likely continue to increase financial burden upon the counties. Hopefully in the 2016 session the legislature will do something about this increased burden being placed upon the counties.

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 both chambers with no 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 then flew through the Senate with no opposition. This bill authorizes the Board of Regents to buy property in Spearfish for $45,000.

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.

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.

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.

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. This is an interesting bill. It would allow a doctor to treat a patient that has a currently untreatable condition using an “Investigational drug, biological product, or device”. The investigational treatment must have passed phase one of a clinical trial, but does not need to have been approved yet by the FDA. I like this bill. It makes no sense to hold up a potentially life-saving treatment (or at least symtom-reducing treatment) on a terminal patient that has no other options. I believe this decision should be up to the patient and doctor. The FDA only gets in the way in such situations. And, as the bill states, phase one of clinical trials have to be completed; so these investigational treatments aren’t just a whim of a doctor or medical company.

HB 1082 – SoDakLiberty PostsAllow a law enforcement officer to issue a citation without a notary.

This bill was gutted in House Judiciary. After being amended it passed House Judiciary 13-0 and the House floor 64-1. It had no opposition going through the Senate. This bill modernizes the citation process and takes into account law enforcement now utilizes technology in regards to citations.

HB 1107 – SoDakLiberty PostsRevise the definition of certain alcoholic beverages that are classified as cider.

This bill passed House Commerce 13-0 and the House floor 67-1. It met with no opposition on the Senate side. Current law only includes apples in the definition of ciders. Now cider made from pears is allowed under law (otherwise it would have been called a pear wine).

HB 1118 – SoDakLiberty PostsProvide for oversight of postsecondary technical institutes.

This bill was hoghoused in House State Affairs and passed that committee 12-0 and the House floor 66-1. It met with no resistance in the Senate. A big addition from this bill is to set up a board of nine members for each LEA. Mickelson has definitely been pushing for changes to tech schools. Possibly a good issue for running for higher office in the future…

HB 1122  – SoDakLiberty PostsAuthorize township boards to designate certain roads as no maintenance roads.

This bill passed House Local Government 11-1. It was amended on the House floor and passed with a vote of 61-6. The bill was amended in Senate Transportation to remove language allowing township boards to post a road as closed. It then passed through the Senate without opposition. This bill allows township designate roads as no maintenance. Here again this is something I though townships should already have been able to do with their roads. I can name quite a few township roads in the NE part of the state that should be closed.

HB 1128 – SoDakLiberty PostsProtect certain homestead exemption interests during sale of homestead or separation of owners.

This bill passed House Commerce 10-2. It was then substantially amended on the House floor and passed that body 61-6. Senate judiciary passed the bill 5-2 and the Senate floor passed it 22-11. I never really understood this bill…

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

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. This is a good bill. Guilty until proven innocent is a cornerstone of the legal system in the US. A prosecutor being able to make a determination of expungement without a hearing before a judge goes against the very foundation of the US legal system.

HB 1142 – SoDakLiberty Posts – Revise certain provisions pertaining to the age requirements for sex offender registry registration.

This bill went through both chambers without opposition. This bill adds “at the time of the offense” to someone who is fourteen or older to register as a sex offender (if they meet other requirements).

HB 1143 – SoDakLiberty PostsIncrease the criminal violations that are subject to protection orders.

This bill passed House Judiciary 8-5 and the House floor 50-19. It met with no resistance in the Senate. This bill adds Aggravated assault–Felony (§ 22-18-1.1) to the list of violations. It also adds a penalty for repeat violations of protection order (§ 22-19A-16).

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

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.

HB 1173 – SoDakLiberty PostsRevise certain provisions regarding liability of parties involved in frivolous or malicious civil actions.

This bill was amended (and title amended) in House Judiciary and passed that committee 10-3. Originally this bill added new sections of code to deal with frivolous appeals of land zoning decisions. The amended bill just modifies current code to specifically include appeal of a zoning decision. The bill was amended on the House floor and passed 57-11. Senate Judiciary passed the bill 6-0 and the Senate floor passed it 28-4. Originally I thought this bill was a good idea. But after hearing it debated on the floor I’m not so sure. It doesn’t actually seem to be fixing a problem.

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, Senate State Affairs 6-2, and the Senate floor 24-9.

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.

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. This bill was amended on the Senate floor. It added ceremonial recognition as to the type of statute this bill applies to. It also added this language to the end of the bill:

For purposes of this section, the term, benefits, includes veterans designation on a driver license or identification card, veterans license plates, veterans job preference, and burial benefits pursuant to §§ 33A-5-2 and 33A-5-3.

The amended bill passed the Senate floor 32-2. This amendment reduced some of the resistance to the bill because it clearly states what benefits are at stake.

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

This bill passed House Local Government 10-3 after an amendment. It then passed the House floor 53-16. The bill flew through the Senate without opposition. I really can’t believe this bill made it through the legislature with so little resistance. Currently local governments can choose whether to have these signs and the requirements for them. Now the state wants to step in and say if a local government has these signs they have to meet certain requirements. This bill appears to be the state government overstepping its bounds.

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

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).” Many opponents believe the provisions of this bill will be used to allow more CAFO’s in the state.

HB 1209 – SoDakLiberty PostsRevise certain provisions relating to changes in terms of credit card agreements.

This bill passed House Commerce 11-0 and the House floor 67-3. It passed through the Senate without opposition. This is another bill I never really understand.

HB 1235 – SoDakLiberty PostsUpdate the valuation manual related to the valuation of assets, liabilities, and reserves.

This bill was amended in House Commerce and passed 11-0. It then was amended on the House floor and passed 66-1. There was no resistance to the bill in the Senate. Yep, another bill I never really understood.

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

This bill was slightly amended in Senate Transportation and then passed through both chambers with no opposition. Currently a motor vehicle with a gross vehicle wight rating of ten thousand pounds or more does not fall under the term “motor vehicle” in this section of law. This bill would change that to fifteen thousand pounds.

SB 25 – SoDakLiberty PostsAuthorize the Board of Regents to enter into a lease-purchase agreement to acquire agricultural property in Moody County for the use and benefit of the South Dakota State University Agricultural Experiment Station.

This bill passed through the Senate and through House Appropriations with no opposition. It passed the House floor 66-2. The lease terms for the property in question cannot exceed fifteen years and must not have an annual lease payment of more than $120,000. That $120,000 seemed like a lot. Here is where the bill says it comes from: “The annual lease payment shall be authorized through the normal budgeting process and shall be made from other funds derived from grant and contract indirect recovery funds, royalty funds, and income from sales of services.” The land in question is about 320 acres.

SB 26 – SoDakLiberty PostsAuthorize the Board of Regents to demolish the veterinary isolation building on the campus of South Dakota State University and to make an appropriation therefor.

This bill passed through the Senate and through House Appropriations with no opposition. It passed the House floor 65-3. A demolition for SDSU. This bill appropriates $70,000 to demolish the veterinary isolation building.

SB 27 – SoDakLiberty PostsAuthorize the Board of Regents to contract for the replacement of the plant science research support facility on the campus of South Dakota State University and to make an appropriation therefor.

This bill was amended in Senate Appropriations went through the Senate and House Appropriations with no opposition. It passed the House floor 63-5. This appropriates $4,000,000 to build the plant science research support facility for SDSU.

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.

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.

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

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.

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. It then passed the House floor 65-4. 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 58 – SoDakLiberty Posts – Revise certain authority, monetary penalties, and hearing procedures of the South Dakota Commission on Gaming. 

This bill passed Senate Commerce and Energy without opposition. It was then amended on the Senate floor and passed that body without opposition. House State Affairs also passed the bill without opposition and the House passed it 54-14. The proponents in the committee meetings tried to say this was not about getting more revenue through these fees. Yet from the extreme changes it would seem to be the Dept of Revenue looking to get more money.

SB 60 – SoDakLiberty PostsProvide newborn screening of inherited and genetic disorders.

This bill was amended on the Senate floor and then was passed 31-4. It went through House Health and Human Services 9-4. It was then amended again on the House floor and passed 50-16. The amendment mainly states that the DOH must provide information about the care of an affected child, and that the parent or guardian can refuse to accept the information. Now that this bill has been signed into law, it will allow the state to further get between the doctor and their patient. It is sad a Republican legislature would pass such a bill.

SB 82 – SoDakLiberty PostsUpdate outdated language related to domestic abuse.

This bill passed the Senate Judiciary committee 7-0, the Senate floor 31-2, House Judiciary 10-2, and the House floor 64-3. This bill modifies language for domestic abuse in one part of code to point at the new language for domestic relationships that was modified last year (§ 25-10-3.1).

SB 86 – SoDakLiberty PostsPlace a term limit on the office of poet laureate.

This bill was slightly amended in Senate Ed and then passed 7-0. It then passed the Senate floor after Senator Brown graced the chamber with a poem (a very cool one written by the interns if I remember right). The poem was read again in House State Affairs and passed 9-2. It passed on the House floor 67-1. Personally I don’t care one way or the other about this bill…

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

This bill passed Senate Judiciary 5-1, the Senate floor 31-2, House Judiciary 11-1, and the House floor 68-0. If I remember testimony on this bill correctly it is mostly word cleanup.

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 and the House floor passed it 69-0. 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 108 – SoDakLiberty Posts – Revise certain provisions relating to aggravated DUI’s.

This bill passed Senate Judiciary 6-0 and the Senate floor 32-1. It met with no opposition going through the House. Currently if a person is being convicted for a sixth offense (or more), with at least five of them in the last 25 years, then the person is in violation of an aggravated offense and guilty of a Class 4 felony. This bill would add the stipulation that at least two of the prior convictions must be in the last ten years. There also seems to be some wording cleanup.

SB 110 – SoDakLiberty Posts – Revise the authority granted to the Building Authority and to the Board of Regents to construct an information system building on the campus of Dakota State University in Madison.

This bill passed the Senate and House Appropriations with no opposition. It passed the House floor 65-3. This bill raises the appropriated funds for construction from $10,000,000 to $11,4000,000.

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

This bill was hoghosued in Senate Taxation and passed that committee 4-1. It went on to pass the Senate floor 32-2. There was no opposition to the bill going through the House. Originally this bill had one little change to code. Now the bill defines a whole process in the event someone gets the title of an abandoned mobile home voluntarily from the previous owner.

SB 124 – SoDakLiberty Posts – Revise the requirements for a petition for a minor boundary change.

This bill passed Senate Ed 7-0. It was then sent back to Senate Ed where it was amended and failed to pass by a vote of 3-2 (4 votes needed to pass).  The committee then reconsidered and it passed 5-0. There was no opposition to the bill on the Senate floor or going through the House. The biggest change in this seems to be adding language for the “final plan for detachment”. I am too far out of my knowledge of area to comment further on this bill.

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. It passed the House floor 66-2. 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 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. It passed the House floor 57-5. 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 153 – SoDakLiberty Posts – Repeal the South Dakota certified site and technology park programs.

This bill went through the Senate and through House Education with no opposition. It passed the House floor 65-2. This would repeal the Certified Site for Development (§ 6-18) and Certified Technology parks (§ 6-19) portion of SD codified law; plus all of the rules that have promulgated from those sections of code. It removes a portion of GOED, so that part sounds good.

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. The bill flew through the House without amendments or opposition. I think the legislators were afraid to hold up a bill in which a kid was providing proponent testimony.

SB 168 – SoDakLiberty Posts – Establish a task force to study elder abuse in South Dakota.

This bill was amended in Senate Retirement Laws to change the task force from being 11 members to 15 members. It also had an auto-repeal section added for Dec 31, 2016. The amended bill passed the committee 5-0. The makeup of the committee was then amended on the Senate floor. The funding for this task force was also changed on the Senate floor; funding went from $21,000 to $15,000. After being amended the bill passed the Senate floor without opposition.

In House State Affairs the bill was further amended to bring the task force up to 17. The new additional members would be from the banking industry. The amended bill passed House State Affairs and the House floor without opposition. The ironic part of this bill is that it passed. Other task forces were turned down by the legislature this year because they went outside of the normal process, just like this one…

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

This bill passed through both chambers without opposition. This bill changes how debt is utilized by the state. It actually appears to be a good bill.

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. It passed the House floor 66-2. 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 182 – SoDakLiberty Posts – Revise the rate of interest for late payment of certain taxes.

This bill passed through both chambers without opposition.  This would revise the interest that people or entities are late on paying certain taxes. This bill was amended in Senate tax to change the interest rates from the original lower rates in the bill. Currently law has this interest rate for late taxes set to 1.25% or five dollars, which ever is greater, for the first month; then 1.25% for each month afterwards. The amended form of this bill changes the interest rate down to 1%. The amended bill also changes the maximum interest rate to 24% (currently at 30%) upon delinquent taxes if the secretary determines that the delinquent payment was caused by a mistake of law and was not caused by an intent to evade the tax.

Bills on the SD House floor for Thurs Mar 5

March 5, 2015 Comments off

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.

Bills on the SD House floor for Weds Mar 4

March 4, 2015 Comments off
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 Wednesday, March 4, which begins at 2:00 PM central.

MOTIONS AND RESOLUTIONS

HB 1122  – SoDakLiberty PostsAuthorize township boards to designate certain roads as no maintenance roads.

Consideration of Senate Amendments

This bill allows township designate roads as no maintenance. The bill was amended in Senate Transportation to remove language allowing township boards to post a road as closed. Instead the bill is focused on marking a road as no maintenance. The House will need to vote on whether to concur with the amendment, or if it should be sent to committee to work out the differences.

SCR 6 – SoDakLiberty PostsTo direct the Department of Education to ensure South Dakota students are well-versed in civics and government.

SECOND READING OF CONSENT CALENDAR ITEMS

SB 168 – SoDakLiberty Posts – Establish a task force to study elder abuse in South Dakota.

SB 182 – SoDakLiberty Posts – Revise the rate of interest for late payment of certain taxes.

SB 124 – SoDakLiberty Posts – Revise the requirements for a petition for a minor boundary change.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 60 – SoDakLiberty PostsProvide newborn screening of inherited and genetic disorders.

This bill was on the House floor before. But a fiscal note was requested. Here are my notes about the bill last time it was on the floor:

It was amended on the Senate floor and then was passed 31-4. Finally it passed Health and Human Services 9-4. This is a horrible bill. The DOH has no place getting between the doctor and patient. What tests a newborn goes through should not involve a government agency at all.

The fiscal note basically said there was no impact from passing this bill because it doesn’t actually require the new screenings. What the bill does is allow the Department of Health to create rules that would mandate the screenings. At that time a new fiscal note would have to be created.

I still feel this is a bad bill. It is asking the SD Dept of Health to get further into the business between patients and doctors.

SB 25 – SoDakLiberty PostsAuthorize the Board of Regents to enter into a lease-purchase agreement to acquire agricultural property in Moody County for the use and benefit of the South Dakota State University Agricultural Experiment Station.

* Deferred from yesterday!

This bill passed the Senate and House Appropriations with no opposition.The least terms for the property in question cannot exceed fifteen years and must not have an annual lease payment of more than $120,000. That $120,000 seemed like a lot. Here is where the bill says it comes from: “The annual lease payment shall be authorized through the normal budgeting process and shall be made from other funds derived from grant and contract indirect recovery funds, royalty funds, and income from sales of services.” The land in question is about 320 acres.

SB 26 – SoDakLiberty PostsAuthorize the Board of Regents to demolish the veterinary isolation building on the campus of South Dakota State University and to make an appropriation therefor.

* Deferred from yesterday!

This bill passed the Senate and House Appropriations with no opposition. Another demolition for SDSU. This bill would appropriate $70,000 to demolish the veterinary isolation building.

SB 27 – SoDakLiberty PostsAuthorize the Board of Regents to contract for the replacement of the plant science research support facility on the campus of South Dakota State University and to make an appropriation therefor.

* Deferred from yesterday!

This bill was amended in Senate Appropriations went through the Senate and House Appropriations with no opposition. This would appropriate $4,000,000 to build the plant science research support facility for SDSU.

SB 110 – SoDakLiberty Posts – Revise the authority granted to the Building Authority and to the Board of Regents to construct an information system building on the campus of Dakota State University in Madison.

* Deferred from yesterday!

This bill passed the Senate and House Appropriations with no opposition. This bill raises the appropriated funds for construction from $10,000,000 to $11,4000,000.

SB 58 – SoDakLiberty Posts – Revise certain authority, monetary penalties, and hearing procedures of the South Dakota Commission on Gaming. 

* Deferred from yesterday!

This bill passed Senate Commerce and Energy without opposition. It was then amended on the Senate floor and passed that body without opposition. House State Affairs also passed the bill without opposition. The proponents in the committee meetings tried to say this was not about getting more revenue through these fees. Yet from the extreme changes it would seem to be the Dept of Revenue looking to get more money.

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 86 – SoDakLiberty PostsPlace a term limit on the office of poet laureate.

* Deferred from yesterday!

This bill was slightly amended in Senate Ed and then passed 7-0. It then passed the Senate floor after Senator Brown graced the chamber with a poem (a very cool one written by the interns if I remember right). The poem was read again in House State Affairs 9-2. Personally I don’t care one way or the other about this bill…

SB 153 – SoDakLiberty Posts – Repeal the South Dakota certified site and technology park programs.

* Deferred from yesterday!

This bill went through the Senate and through House Education with no opposition. This would repeal the Certified Site for Development (§ 6-18) and Certified Technology parks (§ 6-19) portion of SD codified law; plus all of the rules that have promulgated from those sections of code. It removes a portion of GOED, so that part sounds good.

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!

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 177 – SoDakLiberty Posts – Establish a youth minimum wage.

* Deferred from yesterday!

This bill passed Senate Commerce and Energy 5-1, the Senate floor 26-7, and House Commerce 11-2. It was then sent back to House Commerce because of a request to get a fiscal note. The bill then passed out of House Commerce 11-1. This bill changes the minimum wage for those under 18 to $7.50. This is in response to the minimum wage going up due to the initiated measure on last years ballot. Personally I think this is a good change. I have spoken to certain employers in the Aberdeen area that use youth help for extra projects during the summer. Their budget for summer help is set to a certain dollar amount. The increased wage for these youth means less hours available for youth labor during the summer. But, at the same time this new minimum wage was just set by the voters of SD. So it might be too soon to make such changes…

SB 82 – SoDakLiberty PostsUpdate outdated language related to domestic abuse.

* Deferred from yesterday!

This bill passed the Senate Judiciary committee 7-0, the Senate floor 31-2, and the House Judiciary Committee 10-2. This bill would modify language for domestic abuse in one part of code to point at the new language for domestic relationships that was modified last year (§ 25-10-3.1).

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

* Deferred from yesterday!

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 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.

House Health & Human Services committee has 1 bill on Tues Mar 3

March 2, 2015 1 comment

pink-ribbonOn Tuesday, March 3rd, at 7:45 AM the SD House Health & Human Services committee will take on 1 bill.

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

Sen Deb Soholt (R, Dist 14) and Rep Jacqueline Sly (R, Dist 33) are the prime sponsors. 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. 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.

Bills on the SD Senate floor for Tues Feb 24

February 23, 2015 Comments off
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, February 24, which begins at 2:00 PM central. Wednesday is crossover day. All Senate bills must be dealt with by the end of session on Weds. That means only Senate bills will likely be dealt with.

MOTIONS AND RESOLUTIONS

SCR 7 – SoDakLiberty Posts – Commending and recognizing the numerous contributions made by South Dakota’s social workers.

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1113 – SoDakLiberty PostsRepeal and revise certain motor vehicle and boat damage and salvage disclosure requirements.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

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

I didn’t like the original version of this bill. It was hoghoused in Senate Health, and passed that committee 6-0. In its original form it was a pure mandate, really bad. The new version of the bill is completely different. I have to hear the testimony to find out if the amended bill is better.

SB 53 – SoDakLiberty PostsRevise certain provisions regarding the state aid to general education formula and to revise the property tax levies for the general fund of school districts.

This bill passed Senate Appropriations 8-0. Most notably this bill would change the “per student allocation” to $4876.76 for 2016, that is up from $4781.14 in 2015.

SB 54 – SoDakLiberty PostsRevise certain provisions regarding the state aid to special education formula and to revise the property tax levies for special education.

This bill passed Senate Appropriations 8-0. It looks similar to the percentages increased in SB 53.

SB 139 – SoDakLiberty Posts – Authorize the increase in the number of video lottery machines that may be placed in a licensed establishment under certain conditions.

This passed Senate Commerce and Energy 5-2. This would increase the maximum number of video lottery machines from 10 to 15 per licensed establishment.

SB 140 – SoDakLiberty Posts – Accommodate legislation relating to education in South Dakota.

This passed Senate State Affairs 6-0. This is a hoghouse vehicle bill; meaning it doesn’t have any actual legislation. Therefore it will either be amended on the Senate floor and passed on to the House. Or it will be passed on to the House as a blank check. Either way it is bad. It cuts out the public hearing a bill should happen in the chamber of origin.

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

This bill failed on the Senate floor. A motion to reconsider passed. With the prime sponsor Sen Greenfield likely back this week it probably has a better chance of passing.

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.

This bill was amended in Senate Ed. It then failed a Do Pass motion by 3-3. It was then sent to the floor with no recommendation. The Senate floor then voted 24-7 to allow it to be placed on the calendar. Now it can be heard on the floor. This is a bad bill. I am all for companies providing scholarships for education. But they should be doing it on their own. I am also for private education. But cutting tax deals to specific industries to do so is not the right way to do it.

SB 141 – SoDakLiberty Posts –  Accommodate legislation on medical services.

* Deferred from last week!

This bill passed Senate State Affairs 9-0. The is probably the worse kind of bill a body can pass. This is a hoghouse vehicle bill. Meaning there is no actual content in the bill. It will simple be passed as is, and then sent to the other chamber. That will allow the bill to be filled in with legislation. Since the bill has already passed one chamber at that point, that means there will not be any public testimony for the bill on the Senate side. If the legislature really feels a bill is important they need to have it ready on time and not use hoghouse vehicle bills in this way!

SB 142 – SoDakLiberty Posts – Enhance South Dakota.

* Deferred from last week!

This bill passed Senate State Affairs 9-0. The is probably the worse kind of bill a body can pass. This is a hoghouse vehicle bill. Meaning there is no actual content in the bill. It will simple be passed as is, and then sent to the other chamber. That will allow the bill to be filled in with legislation. Since the bill has already passed one chamber at that point, that means there will not be any public testimony for the bill on the Senate side. If the legislature really feels a bill is important they need to have it ready on time and not use hoghouse vehicle bills in this way!

SB 192 – SoDakLiberty Posts – Permit the sergeant-at-arms to carry concealed firearms in the state capitol building under certain conditions.

* Deferred from last week!

This bill passed Senate Judiciary 5-2. I don’t see a problem with this bill.

SB 91 – SoDakLiberty Posts – Make an appropriation to support the South Dakota need-based grant program.

* Deferred from last week!

This was amended by Senate Appropriations from $200,000 down to $1. It then passed the committee 8-0. This would appropriate funds for the Board of Regents to use for the South Dakota need-based grant fund.

SB 92 – SoDakLiberty Posts – Make an appropriation to support the South Dakota critical teaching needs scholarship program.

* Deferred from last week!

This was amended by Senate Appropriations from $200,000 down to $1. It then passed the committee 8-0.

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

* Deferred from last week!

This bill passed Senate Ag 8-0. This is a bad bill. Such mediation does not need to happen at the sate level. Here in Brown County this is a huge issue. Our locally elected County Commission can continue to act in this capacity in Brown County. Let each county decide how best to handle situations where farmers are draining their fields onto neighbors land.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1027 – SoDakLiberty Posts – Revise certain provisions regarding the regulation of certain money lending activities.

It was amended in the House Commerce committee and then passed 12-0. It was amended again slight on the House floor and passed 63-5. It was then further amended in Senate Commerce and Energy and passed that committee 5-1.This bill really has too much going on. I think it maybe should have been multiple bills.

HB 1081 – SoDakLiberty PostsRepeal certain provisions regarding county officials and the board of county commissioners.

* Deferred from last week!

Here are my notes about the bill prior to the Senate Local Government committee hearing (which passed the bill 4-3):

This bill was amended in House Local government, where it passed without opposition. It only had three no votes on the house floor. This bill would allow counties to reimburse travel expenses at rates higher than the State sets. I understand this was an issue here in Brown County when gas prices kept going up. This bill also removes the requirement that county commissioners must visit county jails at least once a year.

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.

* Deferred from last week!

This bill passed Senate Health and Human Services 6-0. Here are my notes prior the Senate Health hearing (which I stick with):

This is an interesting bill. It would allow a doctor to treat a patient that has a currently untreatable condition using an “Investigational drug, biological product, or device”. The investigational treatment must have passed phase one of a clinical trial, but does not need to have been approved yet by the FDA. I like this bill. It makes no sense to hold up a potentially life-saving treatment (or at least symtom-reducing treatment) on a terminal patient that has no other options. I believe this decision should be up to the patient and doctor. The FDA only gets in the way in such situations. And, as the bill states, phase one of clinical trials have to be completed; so these investigational treatments aren’t just a whim of a doctor or medical company.

HB 1089 – SoDakLiberty PostsBan the practice of female genital mutilation in the state, to provide a penalty therefor, and to declare an emergency.

* Deferred from last week!

This bill passed House Health 12-0 and the House floor 61-6. It passed Senate Health and Human Services 6-0. Here is what I said prior to the Senate Health hearing and stick with:

At this point I hope the Senate gives more scrutiny to the bill than the House did. At first this seemed like a good bill. But the acts described in this bill are already illegal to be performed on a minor. At this point the only reason to vote for the bill is to raise awareness. That is just a bad reason to pass a law. Awareness can be raised outside of codified law.

HB 1130 – SoDakLiberty PostsProhibit an abortion provider from accepting payment for an abortion prior to the end of the required informed consent period.

* Deferred from last week!

This bill passed House Health 10-0. It passed the House floor 63-4. It was amended in Senate Health to remove the prohibition for a commitment of payment. I then passed Senate Health 6-0.

HB 1058SoDakLiberty Posts –  Revise certain provisions regarding contagious disease control quarantine measures and to declare an emergency.

* Deferred from last week!

The bill passed the House Health committee 8-5.

It was then amended on the House floor to make it more specific to “middle east respiratory syndrome (MERS), severe acute respiratory syndrome (SARS), smallpox, or viral hemorrhagic fevers”. The emergency clause was also removed at that time. Removing the emergency clause was expected. Without the emergency clause the bill would only need a simple majority to pass the House floor.

After being amended the bill passed the House floor by a vote of 41-27.

It passed Senate Health 5-1.

I expect this to pass the Senate floor. There are a lot of concerns that this bill gives too much power to DOH. I understand those concerns, but I think DOH already has overly broad powers.

HB 1059SoDakLiberty PostsAllow authorized entities to access immunization information in certain circumstances.

* Deferred from last week!

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 1043SoDakLiberty Posts – Repeal certain outdated and obsolete provisions regarding the Department of Education.

* Deferred from last week!

This bill was amended in House Ed. After that it passed House Ed and the House floor with no opposition. It passed Senate Ed 5-2.  This bill appears to repeal outdated code.

HB 1013 – SoDakLiberty Posts – Revise certain provisions related to social work licensure.

* Deferred from last week!

This bill has met with opposition. It passed 12-1 in the House Health, 40-27 on the House Floor, and 4-1 in Senate Health. This bill needs to be defeated. It uses the force of state government to impose the wishes of a protectionist special interest group. It also prevents potentially good social workers from actually performing the job.

LEGISLATIVE COMMEMORATIONS

SC 19 – SoDakLiberty Posts – Commending and honoring the Lennox School FFA chapter.

SC 20 – SoDakLiberty Posts – Honoring and celebrating Leslie Fylling upon receiving the Teacher of the Year award, presented by the Tea Area Parent Teacher Organization.

SC 21 – SoDakLiberty Posts – Recognizing and commending the 100th anniversary of the Order of the Arrow, the National Honor Society of the Boy Scouts of America.

HC 1021 –  SoDakLiberty Posts – Honoring the 2014 Lincoln High School students.

Senate Commerce and Energy committee has 5 bills on Thurs Feb 19

February 18, 2015 1 comment
Wind Wheel2 © Photomorgana | Dreamstime Stock Photos

Wind Wheel2
© Photomorgana | Dreamstime Stock Photos

Updated 2-19-15 – Earlier I incorrectly stated this is the last day to move bills from the chamber of origin to the floor. There is in fact one more opportunity to do so for these committees on next Tuesday!

On Thursday, February 19th, at 10:00 AM the SD Senate Commerce and Energy committee will take on 5 bills.

This is the second to last day this committee has to move Senate bills from the committee to the Senate floor.

Also on the agenda: Confirmation of the executive reappointment of Douglas J. Hajek, Minnehaha County, Sioux Falls, South Dakota, to the South Dakota Building Authority.

HB 1027 – SoDakLiberty Posts – Revise certain provisions regarding the regulation of certain money lending activities.

This was deferred from last week. Here are my notes prior to that meeting:

This bill is at the request of the SD Department of Labor and Regulation (DLR). It was amended in the House Commerce committee and then passed 12-0. It was amended again slight on the House floor and passed 63-5. This bill really has too much going on. I think it maybe should have been multiple bills.

HB 1120 – SoDakLiberty PostsRevise the provisions related to phase in rate plans for plant additions.

Rep Mark Willadsen (R, Dist 11) and Sen Deb Soholt (R, Dist 14) are the prime sponsors. This passed House Commerce 12-0. It was amended on the House floor to remove an emergency clause and then passed 69-0. This is just a code clarification bill.

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

Sen Deb Soholt (R, Dist 14) and Rep Jacqueline Sly (R, Dist 33) are the prime sponsors. I don’t like this bill at all. It is another mandate.

SB 59 – SoDakLiberty PostsEstablish the state debt collection office.

This bill was deferred from two days ago. Here are my notes prior to that meeting:

The SD Department of Revenue (DOR)  asked for this one. This is a bill that hopefully dies a strong death in committee. This bill is nothing more than a government agency asking to grow itself (the new office would fall under the DOR) to be used against SD citizens. Not only will this bill expand government and be used against the people of this state, it will further financially burden those that are being collected upon. Here is a new tax fee being added to those being collected upon:

For any debt referred to the office for collection after July 1, 2015, the office shall collect a cost recovery fee in addition to the debt referred to the office for collection. The cost recovery fee is calculated by multiplying the principal amount of the debt referred to the office by twenty percent.

Twenty percent is likely a lot of money to people who already apparently don’t have the money to pay what they are already in collection for. There are plenty of other problems with this bill. But I’ll stop here and see if it actually makes it through committee before commenting further.

BILLS FOR POSSIBLE ACTION WHICH HAVE HAD PRIOR HEARING.

SB 180 – SoDakLiberty Posts – Revise certain provisions regarding the production tax for wind energy facilities.

Here are my previous notes on this bill:

(House Bill 1103 removed)

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