Bills on the SD Senate floor for Fri Jan 30

January 30, 2015 Leave a comment
Another picture of the war memorials that are guarded by the geese in Pierre. Photo by Ken Santema 01/22/15.

Another picture of the war memorials that are guarded by the geese in Pierre. Photo by Ken Santema 01/22/15.

Here are the bills on the SD Senate floor for Friday, Jan 30, which begins at 1:00 PM central.

Since today is Friday, and it was a five-day workweek for the legislature, I almost expect most of these bills to get deferred so legislators can on the road back home. But, just in case they do vote on bills here are the ones I am keeping an eye on:

It is time for SB69 to die. At this point I don’t see the legislature having the willpower to do the amount of amending this bill would need to meet the good intentions of the bill.

Consideration of Executive Appointments

Appointment of Judge John Bastian to the State Board of Regents

Consent Calendar Items

Appointment of Myron Williams to the State Brand Board

Reappointment of Bart Blum to the State Brand Board

Reappointment of Donald Kirkegaard to the SD Board of Education

SB 78 – SoDakLiberty PostsAuthorize counties or medical providers to recover inmate healthcare costs from third party insurers.

SB 37 – SoDakLiberty PostsAdopt the 2008 Uniform Interstate Family Support Act, to repeal the 1996 Uniform Interstate Family Support Act, and to revise certain provisions relating thereto.

HB 1036 – SoDakLiberty Posts – Codify legislation enacted in 2014.

HB 1024 – SoDakLiberty PostsRepeal certain outdated and unnecessary statutes related to the Department of Labor and Regulation.

HB 1025 – SoDakLiberty Posts – Revise certain provisions regarding banks and banking.

HB 1028 – SoDakLiberty Posts – Revise certain provisions regarding money transmitters and money transmissions.

Senate Bills & Joint Resolutions

SB 69SoDakLiberty Posts – Revise certain provisions regarding elections and election petitions.

This bill just needs to die. What started out with good intentions has become a bill that would do more harm than good.

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

This bill passed the Senate State Affairs committee with no opposition.

SB 70SoDakLiberty Posts – Require that a mandatory child abuse reporter be present and available to answer questions when the initial report regarding abuse or neglect is made to authorities.

This bill was amended by the Senate State Affairs committee and passed that same committee 9-0.

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

This bill passed the Senate Judiciary committee 7-0.

SB 76 – SoDakLiberty Posts - Extend the length of time a local livestock ownership inspection certificate is valid for transportation.

This bill passed the Senate Agriculture and Natural Resources committee 7-2.

SB 89 – SoDakLiberty Posts -Require the development of school safety plans and to require the conduct of lockdown drills in accredited schools.

SB 67 – SoDakLiberty Posts – Revise certain provisions regarding challenges to certain election petition signatures.

This passed the State Affairs committee 9-0. It keeps getting deferred on the Senate floor (probably so it can be on the floor at the same time as SB 69). This would expedite the court portion of a petition challenge. Since SB 69 has been turned into such a bad piece of legislation it makes SB 67 pretty meaningless.

SB 66 – SoDakLiberty Posts – Revise certain provisions regarding the county renaming process.

This bill passed the Local Government committee 6-0 after being amended. It keeps getting deferred on the Senate floor.

SB 39 – SoDakLiberty PostsMake an appropriation for costs related to disasters in the state and to declare an emergency.

This bill passed the Senate Appropriations committee 9-0. It keeps getting deferred on the Senate floor.

Commemorations

HC 1006 –  SoDakLiberty Posts – Commending and honoring the Dell Rapids Boys Golf Team for a successful 2014 season.

HC 1007 –  SoDakLiberty Posts – Commending and honoring the Dell Rapids Quarriers Football Team on a successful 2014 season.

Bills on the SD House floor for Fri Jan 30

January 30, 2015 Leave a comment
SD House Floor. Photo by Ken Santema 01/21/15.

SD House Floor. Photo by Ken Santema 01/21/15.

Here are the bills on the SD House floor for Friday, Jan 30, which begins at 1:00 PM central.

Since today is Friday, and it was a five-day workweek for the legislature, I almost expect most of these bills to get deferred so legislators can on the road back home. But, just in case they do vote on bills here are the ones I am keeping an eye on:

SCR 2 is a BAD resolution. It would support TPP and goes against what most of the legislators in Pierre claim to support. HB 1073 will be interesting to watch the debate on, sex offenders are a big topic right now. HB 1080 would be a great step forward by allowing terminal patients to try potentially live-saving drugs that have not been fully approved yet.

Motions and Resolutions

SCR 2 – SoDakLiberty Posts – Endorsing the thirty-first anniversary of sister state relations with the Republic of China (Taiwan), Taiwan’s inclusion in the Trans-Pacific Partnership (TPP) and Taiwan’s participation as an observer in the International Civil Aviation Organization (ICAO).

I somehow missed this when the Senate voted on it and passed it unanimously on Jan 28. This is a bad resolution! I’m sure it was voted yes as a feel-good measure to show support for Taiwan. But TPP in included in the resolution. TPP is not a trade agreement, if Congress enters into TPP it would force the US to follow regulations that have been set by bureaucrats overseas. Since this legislature loves to talk about wishing to reduce the regulator burden from DC, I can’t imaging they would like to do it at an even larger scale!

SCR 3 – SoDakLiberty Posts – Recognizing the mutual benefit between health care sharing and health savings accounts.

I like this resolution. It takes aim at one of the worse parts of ACA.

Consent Calendar Items

HB 1084 – SoDakLiberty PostsExpand collateral eligible to be pledged as security for public deposits.

HB 1104 – SoDakLiberty PostsRevise certain provisions regarding the notification procedure for payment of delinquent special assessments.

House Bills & Joint Resolutions

HB 1073 – SoDakLiberty PostsRequire a sex offender to report a change in vehicle status to law enforcement.

This bill passed House Judiciary 10-3 and was deferred on the House floor yesterday. This ensures that a sex offender notifies the proper authorities within three days after getting a new vehicle. My biggest apprehension with the bill is its penalty of a Class 6 Felony.

HB 1052 – SoDakLiberty PostsRevise certain provisions regarding the regulation of insurance holding companies.

This bill was amended in the House Commerce and Energy committee and passed 13-0.

HB 1091 – SoDakLiberty PostsRequire that the minutes of meetings of any state board or commission include a record of how each individual member voted on certain motions.

This bill passed the House Local Government committee 13-0. This appears to be a good step towards more transparency in government. That is a good thing!

HB 1106 – SoDakLiberty PostsEstablish the rights of municipal, county, or township officers in certain decision-making processes.

This bill passed the House Local Government committee 13-0.

HB 1079 – SoDakLiberty PostsRevise the deadline for the Department of Health’s annual report regarding abortions.

This bill passed the House Health and Human Services committee 13-0. I wonder if there will be opposition to this because it has to do with abortions. All it does is give an actual deadline for the DOH to give their annual summary.

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. Here is what previously said about the bill and stick with what I said: I like this bill. It makes no sense to hold up a potentially life-saving treatment (or at least symptom-reducing treatment) on a terminal patient that has no other options. I believe this decision should be up to the patient and doctor.

Senate Bills & Joint Resolutions

SB 61 – SoDakLiberty Posts – Place certain substances on the controlled substances schedule and to declare an emergency.

This bill passed the Senate Health and Human Services, Senate floor, and House Health and Human Services with no opposition. Too bad. This expands the list of things people cannot do with their own body and continues to make criminals out of people where there is no victim.

Commemorations

HC 1008 –  SoDakLiberty Posts – Commending and honoring Emily Hawkes of Madison High School for being selected as South Dakota’s Gatorade Cross Country Runner of the Year for the 2014 cross country season.

SD Senate backs TPP and lack of transparency!

January 30, 2015 1 comment
Many groups are opposing TPP based upon the regulations included having to do with drug patents.

Many groups are opposing TPP based upon the regulations included having to do with drug patents.

On Jan 28 the SD Senate voted on Senate Concurrent Resolution 2 (SCR 2). Even with going through all the bills each day I somehow missed this coming up for a vote. SCR 2 comes before the House floor today. Hopefully it will meet some resistance in that house.

Here is the info on SCR2:

SCR 2 – SoDakLiberty Posts – Endorsing the thirty-first anniversary of sister state relations with the Republic of China (Taiwan), Taiwan’s inclusion in the Trans-Pacific Partnership (TPP) and Taiwan’s participation as an observer in the International Civil Aviation Organization (ICAO).

This seems like a nice happy little resolution. It just continues good relations with Taiwan right? Wrong. A variation of this resolution passed last year (HCR 1011).  I actually did a post about HCR 1011 after I realized what had passed. The problem with SCR 2 this year and HCR 1011 last year is the inclusion of support for the Trans-Pacific Partnership (TPP). My post at that time focused on teh lack of transparency and large potential copyright issues dealing with TPP.

Since that time I have done a few posts about TPP. Last April I urged everyone to let Representative Noem that TPP must not be fast tracked. At that time I gave this very high-level overview of some of the other problems with TPP

TPP is a large topic, so I won’t try to summarize it here. My previous post looked at some of the transparency and copyright issues I have with TPP. I would suggest everyone read this summary of TPP provided by Lydia Depillis at the Washing Post for a good primer. Here are some key points from her summary:

  • The Obama administration hopes to use TPP as a means to create China as our trade partner of focus, and get us out of the Middle East.
  • TPP is NOT just a trade agreement, at least not in the traditional sense. TPP also includes provisions on regulations and laws that must be adhered to by countries joining the agreement. That would mean the US would have to abide by the regulations set forth, even though they have never been vetted in public or debated in Congress.
  • TPP has 29 chapters included in it. Most of those chapters have nothing to do with ‘trade’.
  • The only things we know about TPP is from anonymous sources. Since everything being done with TPP is behind closed doors we don’t even know everything that has been included in it.
  • The scope and scale of TPP is unprecedented. Even if there is good portions of TPP, I cannot understand anyone that would support such a massive agreement (it would be a “sign it to see whats in it” type of action by Congress).

Then in June I attended the Governors Agricultural Summit in Deadwood. Part 2 of this summit featured FFAS Under Secretary Scuse promoting TPP.

Finally, in September of last year Representative Noem was promoting TPP. Noem is promoting TPP because it could open certain trade opportunities for South Dakota. Technically she is correct. TPP would likely open new opportunities. But these opportunities exist with or without TPP. It is troubling that Representative Noem and SD Senate wish to promote a “trade agreement” that would enact regulations upon the citizens of the United States.

To put into context of this SD legislative session. Yesterday the SD House passed HCR 1005, which would Urge congress to pass the Regulation Freedom Amendment. HCR 1005 is a good resolution. It aims to reduce the regulator burden DC places upon the United States. Now SCR 2 would do the opposite. If TPP is finalized and the US is a member of TPP it will essentially allow bureaucrats from overseas to regulation certain industries within the United States. Theoretically every legislator that voted in favor of HCR 1005 yesterday should be voting against SCR 2 today.

I will continue to monitor this. Sadly I feel SCR 2 will pass the House floor. It is apparent someone wants the SD Legislature to continue passing resolutions endorsing TPP. That is truly troubling.

SD Legislative Committee meetings scheduled for Fri Jan 30

January 30, 2015 Leave a comment

1415972949Here is the list of the SD legislative committee meetings that are taking place on Friday, January 30th. 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.

House Appropriations8:00 AM6 Bills.

Senate Appropriations8:00 AM8 Bills.

House State Affairs7:45 AM5 Bills.

House Education7:45 AM3 Bills.

Senate Local Government7:45 AM2 Bills.

Senate Transportation8:00 AM1 Bill.

Senate State Affairs10:00 AM6 Bills. 

House Judiciary10:00 AM8 Bills.

Senate Health & Human Services10:00 AM3 Bills.

Senate Taxation10:00 AM5 Bills.

House Commerce & Energy10:00 AM4 Bills. 

House Commerce has four bills on Fri Jan 30

January 30, 2015 1 comment

art-deco-air-terminalOn Friday, January 30th, at 10:00 AM the SD House Commerce and Energy committee will take on 4 bills.

HB 1098 – SoDakLiberty PostsAuthorize extended terms of lease for airport facilities.

Rep Marty (R, Dist 28B) is the House prime sponsor of this bill. This changes the limit on leases from 25 years to fifty years. Not sure why this change is needed. Or why there needs to be a state law about it.

HB 1105 – SoDakLiberty PostsProvide for an affidavit creating a rebuttable presumption that a person is not an employee for purposes of workers’ compensation and to provide a penalty therefor.

Rep Hawley (D, Dist 7) is the House prime sponsor of this bill. I definitely want to listen to the testimony on this one before commenting. I say that because of how much the SSA has been going after people falsely saying certain employees are independent contractors. I want to see if this is a similar situation.

HB 1111 – SoDakLiberty PostsIncrease the costs and expenses considered reasonable for the collection of certaindishonored checks.

Rep Willadsen (R, Dist 11) is the House prime sponsor of this bill. This allows the charge for a bad check to go up from $30 to $40. If I am reading this right, this applies to checks made out to the state.

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

Another bill from Rep Willadsen (R, Dist 11). I’m not sure what this one is trying to accomplish. It will be a good one to listen to and learn what is going on.

Senate Health has three bills on Fri Jan 30

January 30, 2015 1 comment

breastfeedOn Friday, January 30th, at 10:00 AM the SD Senate Health and Human Services committee will take on 3 bills.

HB 1012 SoDakLiberty Posts – Revise certain provisions regarding child welfare agencies.

This bill passed the House Health committee and House floor with no opposition. Here are my notes preceding the House hearing:

Most of this bill seems to be cleaning up language and grammatical errors in current code (I need to do that on this blog!). It also removes a provision about caring for women who are pregnant or have a newborn. It might be worth listening to proponent testimony to see why that language is being removed.

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

This bill was amended in the House Health committee by a vote of 12-1. On the house floor it met with more opposition, it did pass though with a vote of 40-27. Here are my notes preceding the House hearing:

This bill does a few things. Currently it is considered fraud for a licensee to have lied on their application; this bill would extend that charge of fraud to applicants (for those that lied and didn’t receive a license). It removes the requirement that an applicant have a BA or two years experience; but retains the exam requirement. The bill also appears to clean up the record keeping requirements for the state to keep on licensees.

I now hope this bill will die in the Senate. With the job shortage in so many fields, including social work, it simply makes no sense to tighten the barrier to becoming a social worker. And why is the SD legislature pushing through a bill that gives more power to a special industry group as to who can become a social worker in SD. This is just bad legislation.

SB 77 – SoDakLiberty PostsAllow nursing mothers to breastfeed in certain locations.

Sen Jensen (R, Dist 33) is the Senate prime sponsor of this bill. This is a very simple bill. Here is the code that would be added to the law books:

Notwithstanding any other provisions of law, a mother may breastfeed her child in any location, public or private, where the mother and child are otherwise authorized to be present.

I actually thought this was legal already. This is one of those things that shouldn’t need a law. Breastfeeding is a natural act and shouldn’t be a big deal one way or another to anyone not involved.

House Judiciary has 8 bills on Fri Jan 30

January 30, 2015 1 comment

On Friday, January 30th, at 10:00 AM the SD House Judiciary committee will take on 8 bills. The agenda does say revised, I’m not sure what was revised.

HB 1083 – SoDakLiberty PostsRequire reimbursement to certain entities for fire suppression and extinguishment costs.

1408921533Rep Kaiser (R, Dist 3) is the House prime sponsor of this bill. I spoke with some elected officials in Brown County about this bill. Right now there are rural fire departments that cannot collect funds for a fire set due to negligence. They also cannot get insurance claims from the offenders. This would allow rural fire departments to have the same rights as the bigger fire departments have. Due to the nature of the bill and the number of co-sponsors, I really don’t see there being any reason this bill won’t pass.

HB 1095 – SoDakLiberty PostsProvide access to abandoned cemeteries and private burying grounds.

Rep Stalzer (R, Dist 11) is the House prime sponsor of this bill. This act is simple enough to read. Here is the section of code it would add:

Any person who wishes to visit an abandoned cemetery or private burying ground that is completely surrounded by privately owned land, and that has no available public ingress or egress, has the right to reasonable ingress or egress for the purpose of visiting the cemetery. This right of access to the cemetery extends for visitation and maintenance during reasonable hours. The owner of the land surrounding the cemetery may designate the route for reasonable access. The sheriff of the county in which the abandoned cemetery or private burying ground is located shall enforce the provisions of this section.

I wonder if this has been a problem. I know of a couple of cemeteries that is abandoned and surrounded by private land. But those do have a dirt truck path the farmers have left available. Are there cemeteries that some land owners are not allowing access to?

HB 1099 – SoDakLiberty PostsRevise certain provisions related to transferable interests in limited liability partnerships.

Rep Langer (R, Dist 25) is the House prime sponsor of this bill. I’ll have to listen to the testimony to figure out what is driving this bill.

HB 1119 SoDakLiberty PostsRevise certain adoption proceedings regarding the adult adoption of biological children.

Rep Haugaard (R, Dist 10) is the House prime sponsor of this bill. Here is the sentence being added to code:

If the person being adopted is the biological child of the adoptive parent, the prerequisite of living in the home of the adoptive parent during the person’s minority is waived.

I wonder how often this particular situation happens? It actually sounds like it could be a good change.

HB 1124 – SoDakLiberty PostsAuthorize motor vehicles to exceed the posted speed limit under certain conditions.

Rep Tulson (R, Dist 2) is the House prime sponsor of this bill. This would allow a car to pass a car eight miles per hour over the posted speed limit if all four of the following conditions are met:

            (1)    On a two-lane highway that has one lane for each direction of travel;
            (2)    On a highway with a posted speed limit that is equal to or exceeds sixty-five miles per hour;
            (3)    Overtaking and passing another vehicle proceeding in the same direction of travel; and
            (4)    Passing a vehicle that is moving slower than the posted speed limit.
I think this is a good move. This will allow people to legally pass another car in a more timely fashion. It would only apply to highways of 65 mph or more.

SB 14 – SoDakLiberty Posts – Provide for the possession and administration of opioid antagonists by first responders for the treatment of drug overdoses.

This bill was amended in the Senate Health committee. It then passed the committee and House floor with no opposition. Here is part of what I had to say about the bill preceding the Senate committee hearing:

The Office of the Attorney General asked for this bill. This bill allows first reponders to use opioid antagonists when dealing with overdoses. Here is the definition of opioid antagonists from drugs.com:

opioid antagonists

Definition: agents such as naloxone and naltrexone that have high affinity for opiate receptors but do not activate these receptors. These drugs block the effects of exogenously administered opioids such as morphine, heroin, meperidine, and methadone, or of endogenously released endorphins and enkephalins.

SB 15 – SoDakLiberty Posts – Allow for discretionary appeals of illegal sentences.

This bill passed the Senate Judiciary and Senate floor with no opposition. Here are part of my notes preceding the Senate committee meeting:

This bill will add an additional section to the portion of codified law dealing with Appeals to the Supreme Court (§ 23A-32). Here is the section to be added:

An appeal to the Supreme Court may be taken by the state or the defendant from an order granting or denying a motion to correct an illegal sentence or an order granting or denying a motion to correct a sentence imposed in an illegal manner. An appeal under this section is not a matter of right but of sound judicial discretion. An appeal from an illegal sentence shall be taken in the same manner as an intermediate appeal pursuant to subdivision 15-26A-3(6).

I still need to listen to the testimony to find out why may was used instead of shall.

SB 18 – SoDakLiberty PostsEstablish certain administrative provisions regarding charitable raffles, lotteries, and bingo and to make violations of these provisions subject to the Deceptive Trade Practice and Consumer Protection Act.

This bill passed Senate Commerce and the Senate floor with no opposition. Here are my notes on the bill preceding the Senate committee hearing:

This bill is one of a few coming directly as a result of the crazy 2014 election (for anyone curious, just Google search ‘Bosworth raffle scam’). SB 18 is at the request of the SD AG’s office. This bill adds a new section to code which includes:

  • Lotteries cannot continue for more than 18 months after the first ticket is sold.
  • If the drawing cannot be held at the 18 month mark, then all ticket holders should be notified that they can get a full refund.
  • If the purchasers do not notify that they want the refund within 180 days, then the money will be placed in the Unclaimed Property fund.

This is one of the few times I actually agree with money going to unclaimed property. At least the money can sit there, instead of in the pockets of anyone wishing to scam people via fraudulent raffles.

This bill also has a couple of minor language cleanups. I don’t see any reason the AG, Jackley, won’t get this one passed by the legislature. It would be interesting to sit in on the hearing if Bosworth chose to show up and speak against the bill though…

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