Bills on the SD Senate floor for Weds Mar 4

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

MOTIONS AND RESOLUTIONS

HCR 1008 – SoDakLiberty Posts – Urging Congress and the President to recognize tribal identification cards as a valid form of identification for all official purposes.

CONSIDERATION OF CONSENT EXECUTIVE APPOINTMENTS

Reappointments:
Lucas Lentsch        Secretary of the Department of Agriculture
David R. Emery    South Dakota Ellsworth Development Authority
Pat Costello        Commissioner of the Governor’s Office of Economic Development
Marcia Hultman    Secretary of the Department of Labor

SECOND READING OF CONSENT CALENDAR ITEM

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

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1049 – SoDakLiberty PostsRepeal certain provisions regarding reversions of appropriations for a repealed tax refund program.

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

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. Finally it passed Senate Ag 7-2. I listened to testimony on this bill. This is a huge issue. Opponents believe this is being used as a way for CAFO’s to be pushed through bypassing local control. I’ve spoken with proponents that say this change is needed so County Commissioners can stop dragging their feet on approving or opposing CAFO’s. I still feel this is a bad bill that tries to usurp local control.

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

This bill passed through the House and through Senate Judiciary with no 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 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. 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 1059SoDakLiberty PostsAllow authorized entities to access immunization information in certain circumstances.

* Deferred from yesterday!

Many people have gotten worked up about this bill because of the change from may to shall. Personally I don’t think this change actually has any impact. This did not allow any new sharing of immunization records. I understand many people don’t like this law, but fighting this bill won’t change the law. That would need to be done with a separate bill to repeal the current law.

This bill passed the House Health committee 8-5.

It was then amended on the House floor with the following addition:

The provider shall verbally notify the patient, or if the patient is a minor, the patient’s parent or guardian of the patient’s ability to refuse to permit immunization information to be shared.

That amendment was able to get this bill passed on the House floor 45-24. But from what I hear this amendment has not pacified those angry about this bill. All this amendment did was say the provider must give verbal notification. I really think amending this bill with a written opt-in would have pacified many detractors. But there is no way the DOH would want to cede that much power…

The bill made it through Senate Health 4-2.

I really don’t think it will be held up in the Senate, but there might be some hot debate.

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

* Deferred from yesterday!

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. Part of this bill appears to add “attending the inauguration of constitutional officers, or attending the Governor’s budget report” to times when legislators are on the clock and can get per diem. I don’t see a problem with that, it is part of their job to attend the Governors budget address (the constitutional officers inauguration   may be debatable though).

HB 1002 – SoDakLiberty Posts – Make an appropriation to the Department of Revenue to provide for the electronic submission of reports and taxes related to alcoholic beverages and to declare an emergency.

* Deferred from yesterday!

This bill passed House Appropriations 8-0 after being amended down to a dollar. The original amount appropriated was $100,000 for the electronic tax collection technology used for reports and taxes related to alcoholic beverages. The amended bill passed the House floor 59-9 and Senate Appropriations 9-0.

HB 1047 – SoDakLiberty PostsRevise certain reversion provisions relating to the General Appropriations Act for fiscal year 2013.

* Deferred from yesterday!

This bill passed House Appropriations 8-0 where it was amended to fix the title. It passed the House floor 65-3 and Senate Appropriations 9-0. This bill would carry over funding used for the South Dakota Public Safety Improvement Act, which was passed into law in 2013 (SB 70). This bill doesn’t allow more funding, it just carries the originally approved funding another year.

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

* Deferred from yesterday!

This bill passed House Commerce 10-2. It was then substantially amended on the House floor and passed that body 61-6. House judiciary passed the bill 5-2. I still don’t really understand this bill.

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 yesterday!

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.

Bills on the SD House floor for Weds Mar 4

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 Tuesday, 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.

SD Legislative Committee meetings scheduled for Weds Mar 4

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

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

Here is the list of the SD legislative committee meetings that are taking place on Wednesday, March 4th. For any committee meeting that has bills taken up I’ve included the link to my post about those bills. For committees without bills on the agenda I’ve listed what they are doing instead of working on bills.

Joint Appropriations – 10:00 AM – No bills. On the agenda: Department of Public Safety Budget Hearing

Senate Appropriations8:00 AM12 Bills. Also on the agenda: Confirm the appointment of Laurie Gill, Commissioner to the Bureau of Human Resources.

House Appropriations8:00 AM9 Bills.

House State Affairs7:45 AM6 Bills.

House Education8:30 AM2 Bills.

Senate Local Government7:45 AM2 Bills.

Senate Transportation8:00 AM1 Bill.

Senate State Affairs10:00 AM5 Bills. Also on the agenda: Governor Appointment: Kimberley Malsam-Rysdon, Huges County, Pierre, South Dakota to the position of Secretary of the Department of Health; Governor Reappointments: Major General Timothy A. Reisch, Miner County, Howard, South Dakota, to the position of Adjutant General & Larry Zimmerman, Pennington County, Rapid City, South Dakota, to the position of Department of Veterans Affairs

House Judiciary10:00 AM5 Bills.

Senate Health & Human Services10:00 AM1 Bill. Also on the agenda: Confirm the Governors reappointment of Gloria Pearson, Yankton County, Yankton, South Dakota, to the position of Secretary of the Department of Human Services; Confirm the Governors reappointment of Lynn Valenti, Hughes county, Pierre, South Dakota, to the position of Secretary of the Department of Social Services.

Senate Taxation10:00 AM – No Bills. On the agenda: Confirmation of the executive reappointment of Andy Gerlach,Hughes County, Pierre, South Dakota, to the position of Secretary of the Department of Revenue.

House Commerce & Energy10:00 AM1 Bill.

House Commerce and Energy committee has 1 bill on Weds Mar 4

March 3, 2015 1 comment

mobile-homeOn Wednesday, March 4th, at 10:00 AM the SD House Commerce and Energy committee will take on 1 bill.

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

Sen Ried Holien (R, Dist 5) and Rep Roger Solum (R, Dist 5) are the prime sponsors. This bill was hoghosued in Senate Taxation and passed that committee 4-1. It went on to pass the Senate floor 32-2. 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.

Senate Health and Human Services committee has 1 bill on Weds Mar 4

March 3, 2015 1 comment

cutebabies-pinkblueOn Wednesday, March 4th, at 10:00 AM the SD Senate Health and Human Services committee will take on 1 bill.

Also on the agenda:

Confirm the Governors reappointment of Gloria Pearson, Yankton County, Yankton, South Dakota, to the position of Secretary of the Department of Human Services.

Confirm the Governors reappointment of Lynn Valenti, Hughes county, Pierre, South Dakota, to the position of Secretary of the Department of Social Services.

HB 1230 – SoDakLiberty PostsAffirm the sanctity of human life.

Rep Isaac Latterell (R, Dist 6) and Sen Brock Greenfield  (R, Dist 2) are the prime sponsors. This was originally a bill to prevent beheading of unborn children during abortions. Technically the bill was unnecessary because the types of abortions that would do such a thing are not available in SD. The bill was gutted on the house floor and all it says now is: “The State of South Dakota recognizes the sanctity of human life”. It’s probably time to kill this bill, since it has no actual legislation.

House Judiciary committee has 5 bills on Weds Mar 4

March 3, 2015 1 comment

dvaOn Wednesday, March 4th, at 10:00 AM the SD House Judiciary committee will take on 5 bills.

SB 13 – SoDakLiberty Posts – Require certain persons convicted for human trafficking to register as sex offenders.

The Office of the Attorney General asked for this one. It passed Senate Judiciary and the Senate floor with no opposition. 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 17 – SoDakLiberty PostsRevise the definition of motor vehicles that are subject to the lemon law.

This bill was requested by the SD Office of the Attorney General. This bill was slightly amended in Senate Transportation and then went to pass through the Senate 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 108 – SoDakLiberty Posts – Revise certain provisions relating to aggravated DUI’s.

Sen Craig Tieszen (R, Dist 34) and Rep Brian Gosch (R, Dist 32) are the prime sponsors. This passed Senate Judiciary 6-0 and the Senate floor 32-1. 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 wis 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 154 – SoDakLiberty Posts – Require that certain employees of the Department of Veterans Affairs be veterans.

Sen Jason Frerichs (D, Dist 1) and Rep Larry Zikmund (R, Dist 14) are the prime sponsors. This bill passed the Senate with no opposition. This bill would require the “state veterans service officer or state fieldmen veterans service officer shall be a veteran who has served in the armed forces of the United States and is a citizen of the United States”. It then says all other employees of the Dept of VA shall be veterans if available. I can understand giving preference to veterans for these jobs. But I really can’t see a provision that says a veteran must fill these positions. That just isn’t good policy.

SB 186 – SoDakLiberty Posts – Revise the procedure for the execution of a warrant.

Sen Arthur Rusch (R, Dist 17) and Rep Kyle Schoenfish (R, Dist 19) are the prime sponsors. 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. I’ll have to listen to this bill to refresh my memory about what it actually does.

Senate State Affairs committee has 5 bills on Weds Mar 4

March 3, 2015 1 comment
Shannon County

Shannon County

On Wednesday, March 4th, at 10:00 AM the SD Senate State Affairs committee will take on 5 bills.

Also on the agenda:

Governor Appointment:
Kimberley Malsam-Rysdon, Huges County, Pierre, South Dakota
to the position of Secretary of the Department of Health

Governor Reappointments:
Major General Timothy A. Reisch, Miner County, Howard, South Dakota,
to the position of Adjutant General

Larry Zimmerman, Pennington County, Rapid City, South Dakota,
to the position of Department of Veterans Affairs

HB 1169 – SoDakLiberty PostsAccommodate legislation on medical services.

Rep Steve Westra (R, Dist 13) and Sen Dan Lederman (R, Dist 16) are the sponsors of this hoghouse vehicle bill. It is just sad the House passed a bill with no legislation… At least 11 people on the House floor voted no to it.

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

Rep Steve Westra (R, Dist 13) and Sen Dan Lederman (R, Dist 16) are the sponsors of this hoghouse vehicle bill. It is just sad the Senate passed a bill with no legislation… At least 11 people on the House floor voted no to it.

HB 1171 – SoDakLiberty PostsEnhance South Dakota.

Rep Steve Westra (R, Dist 13) and Sen Dan Lederman (R, Dist 16) are the sponsors of this hoghouse vehicle bill. It is just sad the Senate passed a bill with no legislation… 15 people on the House floor voted no to this empty bill.

BILLS FOR POSSIBLE ACTION WHICH HAVE HAD PRIOR HEARING.

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

Rep Brian Gosch (R, Dist 32) and Sen Tim Rave (R, Dist 25) are the prime sponsors. The bill passed House State Affairs 9-2 and the House floor 50-17.

Here is what I said about the bill before:

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

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

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

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

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

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

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

Rep Kevin Killer (D, Dist 27) and Sen Jim Bradford (D, Dist 27) are the prime sponsors. This bill passed House State Affairs 12-0 and the House floor 64-5. I’m not sure what the no’s on the House floor were about. The voters of Shannon County already decided they wanted to change the name to Oglala Lakota County. This is just a formality.

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