House Taxation committee has 3 bills on Tues Mar 3

My son Lawson playing baseball. Photo by Ken Santema summer 2014.

My son Lawson playing baseball. Photo by Ken Santema summer 2014.

On Tuesday, March 3rd, at 7:45 AM the SD House Commerce and Energy committee will take on 3 bills.

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

Sen Brock Greenfield  (R, Dist 2) and Rep Tona Rozum (R, Dist 20) are the prime sponsors. 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. 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 182 – SoDakLiberty Posts – Revise the rate of interest for late payment of certain taxes.

Sen Larry Tidemann (R, Dist 7) and Rep Scott Munsterman (R, Dist 7) are the prime sponsors. 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. After being amended the bill passed Senate Tax  and the Senate floor with no opposition.

Part of me wonders how this will bill will tie in with the collection agency the legislature is trying to enact via HB 1228 (SoDakLiberty Posts). The lower interest rates won’t mean much when a 20% collection fee is added on by the debt collectors.

SB 136 – SoDakLiberty Posts – Exclude certain municipal taxes from the gross receipts used to determine the tax liability for customers served by electric cooperatives.

Sen Corey Brown (R, Dist 23) and Rep Al Novstrup (R, Dist 3) are the prime sponsors. 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.

Bills killed on the House and Senate floors during SD legislative week seven

March 1, 2015 1 comment
SD State capital dome. Photo by Ken Santema 01/22/15.

SD State capital dome. Photo by Ken Santema 01/22/15.

With week seven of the SD legislative session completed it is time to update my list of 2015 SD legislative bills. This post will focus on bills that have been killed on the House and Senate floors during week seven. My post looking at the bills that died in the first six weeks can be read here.

SB 4 – Defeated on Senate floor – SoDakLiberty PostsMake an appropriation for research concerning the administrative and financial impact of actual use on agricultural land assessments and to declare an emergency.

This bill originally would have appropriated $151,000 for the SDSU Department of Economics to research the assessment and taxation of agricultural land based on actual use. The money appropriated would have to be used by June 30, 2016. SB 4 was amended down to $1 in Senate Appropriations. It passed that committee 6-2. The bill failed on the Senate floor by a vote of 16-18. This is a hot issue that will likely be tried again next year.

SB 139 – Defeated on Senate floor – 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. On the Senate floor it was amended to add the provision that only fourteen thousand video lottery machines in total can be placed in South Dakota. Personally I don’t think a large amount of facilities would have taken advantage of this new increased limit per establishment. But we won’t know this year. The Senate floor defeated the bill 13-21.

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

This bill passed Senate Judiciary 5-2. At first I didn’t see a problem with this bill. But after further thought I am glad the bill died. In the end the sergeant-at-arms in each chamber probably don’t want to carry firearms. This bill came too close to using the sergeant-at-arms positions in a political way to make a statement. This bill was tabled on the Senate floor by a vote of 34-0.

HB 1162 – Defeated on House floor – SoDakLiberty PostsEnact the Interstate Insurance Product Regulation Compact.

This bill passed House Commerce 8-5. This would have adopted the Interstate Insurance Product Regulation Compact. I was on the fence about this bill before its committee hearing. After the hearing I believe this is a bad bill. I don’t believe the proponents made the case that this compact is actually necessary. In fact it almost seemed as if the Compact was being pushed because everyone else is. That alone is not reason enough to enter in a compact. The bill was amended on the House floor to opt out of all long-term care provisions dealing with the compact. That seemed odd. Apparently I’m not the only who found this whole bill needed to go away. The bill failed on the House floor by a vote of 9-60.

HB 1166 – Defeated on House floor – SoDakLiberty PostsProhibit the use of tanning devices by minors.

This bill failed once in House Health. It was then amended to allow minors to use tanning devices with a parent/guardian permission. It then passed House Health 8-5. It was amended on the house floor to specify the parent/guardian permission must be written. Then the bill failed on the House floor 29-40. This is a bill that was better off to let die. It was an intrusion into an industry that already follows what this law was trying to impose upon small business owners. Plus, it is doubtful this being passed into law would have prevented teens from using tanning beds.

HB 1221 – Defeated on House floor – SoDakLiberty PostsAuthorize unilateral consent in certain divorce proceedings.

This passed House Judiciary 7-5. The odd thing about this one is that the title was amended to change the language away from no-fault divorce. This bill was hotly debate on the House floor. I didn’t really think a bill that would make divorce easier would pass through the legislature. The House failed to pass the bill by a vote of  25-44. I still feel such bills show why government should get completely out of marriage. That would make it a matter between two people and their church.

HB 1223 – Defeated on House floor – SoDakLiberty PostsEnd the state’s involvement with common core state standards and to prohibit the adoption of certain multistate educational standards.

This is a bill I hoped would have a true hearing on the House floor. The long version of this bills history can be read here. But the cliff notes version is the bill was tabled in House Education to stop debate and kill the bill. Rep Dan Kaiser (R, Dist 3) led a smoke-out on the bill, which is a procedural move to force a bill onto the floor from committee. The House Ed committee was then forced to send the bill to the floor, and did so with a Do Not Pass status. Due to the Do Not Pass motion it was still not allowed on the House calendar. So then Rep Kaiser had to ask the House floor to strike the Not from the motion and allow the bill to be calendared for debate. That move failed 31-39. Too bad. I truly believe certain issues transcend the normal committee process and deserve a full debate on the floor. That debate will not happen this year.

HB 1227 – Defeated on House floor – SoDakLiberty PostsAuthorize counties to impose sales and use taxes.

This bill passed House taxation 9-6. This bill would have allowed a county to implement a sales and use tax up to two cents. I know there are some counties that have been pushing for this ability. The bill also provides a good debate of local control versus the state keeping taxes low. But no matter what I didn’t think this bill would make it all the way through the legislature. With the massive transportation funding bill upcoming it is unlikely the legislature would pass another potential huge tax increase this year (although it really would be counties raising taxes if this bill passed).

HB 1233 – Defeated on House floor – SoDakLiberty PostsRevise certain provisions regarding tax compacts with Indian tribes.

This was a hoghouse vehicle bill. But oddly enough this bill just took the content of HB 1234 and placed it into this vehicle bill. It passed House Taxation 12-3. This is an odd one for me, probably because I don’t understand tribal compacts with the State. The proponents of this bill said the changes were required for the tribes to talk with the state about certain tax agreements and for the tribes to keep some of their money. I hope to meet with someone later this week to better understand the topic. Even though the bill is dead for this year, I can definitely see it coming back next year if it truly is important to the tribes. But at the same time it almost appears the tribes want to have the best of both worlds, they want to take money from state and still receive benefits from the state those tax dollars would have gone towards. Like I said though I need to understand the situation better, perhaps my impression is wrong. The bill died on the House floor 25-44.

Bills killed by committees during SD legislative week seven

SD State capital. Photo by Ken Santema 02/11/15.

SD State capital. Photo by Ken Santema 02/11/15.

Here are the bills that have been killed by the committees during week seven of the SD legislative session. Week seven also happened to be crossover week. That means Tuesday of week seven was the last day bills could be passed on to the floor from their chamber of origin. From Weds on all bills taken up by committees come from the other chamber.

House Local Government

HB 1211 – Deferred to the 41st legislative day – SoDakLiberty PostsRepeal the requirement for a marriage license and to provide for a marriage certificate.

This bill was amended in House Local Government; then the amendment was amended. This is a bill I would have liked to see go further. It seemed to be getting at least some government involvement out of marriage. Removing government from marriage altogether would allow for true marriage equality. But the bill was killed in committee 8-5.

HB 1197 – Tabled – SoDakLiberty PostsAccommodate legislation for community improvement districts.

This was a hoghouse vehicle bill with no actual content. It was tabled in committee unanimously.

House State Affairs

HB 1220 – Deferred to the 41st legislative day – SoDakLiberty PostsProvide for the free exercise of religion and to declare an emergency.

I’m huge on rights and keeping state out of the business of people’s rights. But I really didn’t see a need for this bill in South Dakota at this time. As I read the bill again I can see that it may have caused more legal ambiguities than actually help anything. I apparently am not the only one to think so. It was killed in committee 10-3.

HB 1226 – Tabled – SoDakLiberty PostsAccommodate legislation for education.

This is a hoghouse vehicle bill that wasn’t needed.

HB 1131 – Deferred to the 41st legislative day – SoDakLiberty PostsRevise certain taxes and fees to fund improvements to public roads and bridges in South Dakota.

This was the massive set of tax and fee increases asked for by Governor Daugaard to fund infrastructure. This bill was heavily amended. The Senate version of this bill (SB 1 – SoDakLiberty Posts) was hoghoused to mostly mirror this bill. Since SB1 had already made it through one chamber the House State Affairs committee killed this bill. Personally I’m happy there are no longer two versions of the bill to follow.

Senate Appropriations

SB 146 – Deferred to the 41st legislative day – SoDakLiberty Posts – Authorize funding for an honor guard detail for deceased veterans and to make an appropriation therefor.

The appropriation part of this bill appropriates $35,000 to the Department of Veterans Affairs to reimburse a veterans organization to furnish an honor guard detail at the funeral of deceased veterans. I think this was probably best sent to the 41st day (and I say that as a Veteran). I just don’t see this as a big priority for the state.

Senate Judiciary

HB 1116 – Deferred to the 41st legislative day – SoDakLiberty PostsRepeal and revise certain provisions relating to the requirements for a permit to carry a concealed pistol.

This bill passed House State Affairs 7-5 (after failing once 6-5) and the House floor 44-23. This is a true constitutional carry bill. Primarily this removes the penalty for concealed carry without a permit. It really wasn’t surprising this bill failed. There are certain gun groups that dramatically overdid their pressure upon legislators. When lobbying legislators it does not work to excerpt too much pressure, especially when it is repeated pressure of calls and emails from the same people over and over and over and over and over and over… etc…. It was killed in the Senate Judiciary committee 5-1.

HB 1096 – Deferred to the 41st legislative day – SoDakLiberty PostsRevise certain procedures for issuing a permit to carry a concealed pistol.

This bill passed House State Affairs 10-2 and the House floor 52-15. This bill revises a few areas of permit law. This bill would allow the concealed carry permit to meet certain requirements that would make purchasing guns go quicker and easier. This includes certain changes to background checks. I fully believe this bill would have passed fairly easily if certain gun lobbying groups hadn’t overdone their efforts. It died in committee 6-1.

HB 1129 – Deferred to the 41st legislative day – SoDakLiberty PostsRevise the property exempt from process in bankruptcy cases.

This bill was amened in House Judiciary and passed that committee 12-0. It then passed the House floor 40-27. This bill adds motor vehicles used for normal activity valued at less than $5,000 to the list of exempt property. It specifically says recreation vehicles like ATV’s and jet-skis don’t count. The bill originally included the earned income tax credit (EITC) of a federal tax refund as also protected. The EITC provision was amended out in committee. Senate Judiciary killed the bill 4-3. I fully expect to see this bill in some form again next year.

Senate Local Government

HB 1150 – Deferred to the 41st legislative day – SoDakLiberty PostsProvide for the annual adjustment of the salary of legislators.

This bill made it through Senate State Affairs without opposition. It passed the Senate floor by a vote of 48-19.  It would provide an automatic pay raise for legislators as is done for the constitutional officers and Supreme Court justices. I think this is actually a good idea. But part of me wonders if this should be referred to the voters, along with a pay raise. Senate Local Government killed the bill 5-2.

Senate State Affairs

HB 1149 – Tabled – SoDakLiberty PostsRevise certain provisions regarding the setting of the salary of legislators.

This bill made it through House State Affairs without opposition and passed the House floor 51-10. This would change the salary of the legislators from being $6,000 for every regular session to being at least $6,000 per every regular session. The only thing this bill does is add the “at least”. Which theoretically means the legislators can get paid more than $6,000 per session if this is had passed. This is a companion to HB 1150, which was killed by Senate Local Government. Senate State Affairs tabled this bill 9-0. I really think if the legislators want these bills to go through without public backlash they should be referred to the voters.

12 bills Governor Daugaard announced signed into law on Feb 26

Governor portraits at the SD State capital building. Photo by Ken Santema 02/25/15.

Governor portraits at the SD State capital building. Photo by Ken Santema 02/25/15.

On Thursday, Feb 26, Governor Daugaard announced twelve more bills signed into law.

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

This group of bills is pretty boring. They are mostly cleanup bill or procedural clarification bills.

HB 1051 – SoDakLiberty PostsRevise various trust and trust company provisions.

This bill made it through both chambers without a no vote. There are a lot of changes made in this bill. Some of the changes are to clean up the code. But a lot of it also changes various aspects of trusts.

HB 1057 – SoDakLiberty PostsMake an appropriation to reimburse certain eligible health care professionals who have complied with the requirements of the rural health care facility recruitment assistance program and to declare an emergency.

This was amended in House Appropriations and passed 8-0. It had one no vote on the Senate floor. The bill originally appropriated $302,500 for use with the rural health care facility recruitment assistance program. This bill was amended in House Appropriations down to the amount of $260,000.

HB 1063 – SoDakLiberty PostsRevise the notice provisions for the name change of a minor child.

This bill had no opposition in the House. It had one no vote in Senate Judiciary and two no votes on the Senate floor. This one appears to make sure that the other parent of a child is notified when there will be a name change for a child.

HB 1076 – SoDakLiberty PostsPermit the submission of a title insurance policy in lieu of an abstract in certain instances.

This bill made it through both chambers without a no vote. If I remember testimony correctly, this bit of code is being changed because abstracts are not used as they were in the past.

HB 1085 – SoDakLiberty PostsRevise certain provisions regarding the requirement for performance securities.

This bill received one no vote on the Senate floor. This bill appears to be mostly language clarification.

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

This bill made it through both chambers without a no vote. I vaguely remember the testimony in committee on this one. I don’t recall any red flags to the bill. (the bill doesn’t hold enough interest to re-listen to the committee hearing).

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

This bill made it through both chambers without a no vote.

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.

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

This bill was amended on the House floor to remove an emergency clause and passed through both chambers without a no vote. This is just a code clarification bill.

HB 1136 – SoDakLiberty PostsRevise certain provisions concerning the administration of unlocatable mineral, leasehold, or royalty interests.

This bill made it through both chambers without a no vote. The bill changes giving money for administrative costs to the county where the minerals are located; current law says where the trustee is located.

HB 1178 – SoDakLiberty PostsProvide for the creation of an entity for the purpose of insurance contracts in certain instances.

This bill made it through both chambers without a no vote. I find it odd that an artificial entity would be created as a “person” in such circumstances. Aren’t there already entity types that can be utilized?

HB 1180 – SoDakLiberty PostsRevise certain provisions regarding the regulation of captive insurance companies.

This bill made it through both chambers without a no vote. The big change in this appears to be adding the definition for “Agency captive insurance company” and incorporating agency into the current code.

SB 107 – SoDakLiberty Posts – Increase the period an instructor permit is valid and to revise the requirements to upgrade to an operator’s licence or a restricted minor’s permit.

This bill made it through both chambers without a no vote. I like this bill. It acknowledges the fact different kids advance at different rates.

The 24 bills Governor Daugaard announced signed into law on Feb 24

March 1, 2015 1 comment
Art within the SD State Capital building. Photo by Ken Santema 02/11/15.

Art within the SD State Capital building. Photo by Ken Santema 02/11/15.

On Tuesday, Feb 24, Governor Daugaard announced twenty-four more bills signed into law.

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

HB 1006SoDakLiberty Posts – Allow bullheads to be used as bait.

This bill made it through both chambers without a no vote. This is a good bill that changes law to reflect what actually happens. I remember fishing using bullhead as bait with my grandpa as a kid. Also I caught some of the biggest fish I’ve ever seen using bullhead as bait in the Mississippi river in Minnesota. How bullhead became to be treated as a game fish in SD is just mind-boggling. This will a good bill to be signed into law!

HB 1033 – SoDakLiberty Posts – Repeal the South Dakota Energy Infrastructure Authority.

This bill made it through both chambers without a no vote. I don’t see a problem with repealing the South Dakota Energy Infrastructure Authority. Looking at the website it appears no activity has happened there for years.

HB 1034 – SoDakLiberty Posts – Repeal certain outdated and unnecessary statutes related to the Wind Energy Competitive Advisory Task Force.

This bill made it through both chambers without a no vote. This task force seems to have expired a couple of years ago. Just seems to be cleaning up code.

HB 1035 – SoDakLiberty Posts – Revise certain provisions regarding military specialty plates.

This bill made it through both chambers without a no vote. This law revises military license code to include warrant officers. That was likely an oversight that has been fixed now.

HB 1037 – SoDakLiberty Posts – Revise certain provisions related to the regulation of public utilities.

There were thirteen opposing this bill on the House floor. Part of this bill appears to be cleanup. But part of the bill also updates the language of people who can appear before the PUC. There was fear from some Representatives that the change may make it harder to give public input before the PUC. Hopefully that does not become the case.

HB 1038 – SoDakLiberty Posts – Revise certain provisions related to the siting of energy facilities.

This bill made it through both chambers without a no vote. This bill seems to be removing the language distinguishing transmission substations of two hundred fifty kilovolts or more. The new language doesn’t differentiate between transmission substations.

HB 1039 – SoDakLiberty Posts – Revise certain provisions related to the regulation of grain buyers and grain warehouses.

This bill made it through both chambers without a no vote. Most interesting is the change from a “wholly owned subsidiary” to “subsidiary”. Also interesting to me was finding out the PUC handles grain warehousing.

HB 1040 – SoDakLiberty Posts – Revise the statute of frauds within the uniform commercial code with respect to the sale of pulse crops..

This bill made it through both chambers without a no vote. This adds “pulse crops” to the list. I happen to have a farmer in my office when this bill first came to committee, and he informed me a “pulse crop” would be grain legumes such as dry beans and dry peas.

HB 1044SoDakLiberty Posts – Revise certain provisions regarding educational personnel certification and discipline.

There were twelve no votes to this bill on the House floor. This bill has 28 sections that modifies codified law in regards to Certification and Evaluation of Teachers, Principals, and Superintendents (§ 13-42) and Employment of Teachers (§ 13-43). Originally I thought this was a bill that could be killed and perhaps start over by streamlining the teacher certification process in SD. Those opposed to the bill appeared to be worried about completely handing over the rule-making authority to bureaucrats. This is a bill I wonder if the legislature will regret passing in a couple of years.

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

This bill was heavily amended in the House Commerce and Energy committee and then passed through both chambers with no opposition. There are some cleanups in the bill. But it also seems to make substantial changes to pieces of code. Unfortunately insurance code is so far out of my element that I really don’t understand what this bill truly changed.

HB 1056 – SoDakLiberty PostsRevise certain provisions regarding the Department of Agriculture.

This bill had two no votes on the House floor. It was then amended in Senate Ag and passed through the Senate without a no vote. It appears to mostly be language cleanup and clarification.

HB 1068 – SoDakLiberty PostsRevise when a court can grant a cross credit on child support.

This bill was slightly amended in House Judiciary. It had one no vote on the House floor. Other than rewording, the main change appears to be adding language for following a trial.

HB 1069 – SoDakLiberty Posts – Limit the authority of delegates to a limited Article V convention to vote for unauthorized amendments contrary to legislative instructions and to provide a civil fine for the violation thereof.

This is one of the hot bills this year. This bill had an amendment in House State Affairs to fix a reference to the HJR. This bill passed House State Affairs 9-3 and the House floor 38-31. Senate State Affairs passed it 8-0. Finally, the Senate floor passed the bill 21-11. I was outright opposed to this bill and its sister bill HJR 1001. My House State Affairs committee post for Jan 26 explains why. But basically I do not believe delegates can have their authority limited in an Article V convention. In addition the civil fine listed in this bill likely cannot be enforced because the Convention would not likely take place in SD anyhow. And even if the delegate could be fined, I would think someone thinking they are doing the right thing would not vote badly just because of a penalty of a fine.

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

This bill was slightly amended in House Commerce and Energy and then made it through both chambers without a no vote. Another one out of my area of comfort. But nothing raised a red flag in the bill.

HB 1088 – SoDakLiberty PostsPermit procurement of certain disability insurance from a non-admitted insurer.

This bill made it through both chambers without a no vote. This is another insurance bill I don’t really understand. But nothing in in the committee testimony raised any red flags.

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 made it through both chambers without a no vote. This was a great open government bill! It does exactly what the title of the bill says. More transparency in government at all levels is a good thing!

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

This bill made it through both chambers without a no vote. This changes the limit on leases from 25 years to fifty years. I still find it mind-boggling that such restrictions have to be written into state law.

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

This bill passed House Commerce 10-1 and the House floor 66-3. It went through the Senate without a no vote. This bill allows the charge for a bad check made to the State of SD to go up from $30 to $40. This change reflects other changes already made to other areas in previous sessions.

HB 1132 – SoDakLiberty PostsRevise certain provisions regarding the titling of motor vehicles, boats, mobile homes, and manufactured homes and the issuance of temporary permits by licensed dealers.

This bill made it through both chambers without a no vote. This bill changes the timelines needed to deliver the title. The basic change is from thirty-five days to forty-five days for the title to be delivered. It also pushes back time-frames for actions after that back ten days. This change could make it easier for certain small businesses in the industry.

SB 16 – SoDakLiberty PostsRevise certain provisions safeguarding law enforcement radio communications.

This bill had two nay votes on the House floor. This is an odd bill because it revises a bit of code that is becoming obsolete. Analog radios are almost done being used in the law enforcement world. Scanners are almost obsolete. In addition I don’t see the point of giving more charges to throw at someone accused of a crime.

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 made it through both chambers without a no vote. It was slightly amended in House Judiciary. I think this is a good consumer protection law. Here is my original summary of the bill:

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.

SB 40 – SoDakLiberty PostsRevise certain provisions regarding the federal motor carrier regulations.

This bill had two nay votes on the House floor. This bill basically mirrors what the federal government wants. Some of the changes appear to be good, I just wish it wasn’t being done for the wrong reason.

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

This bill passed Senate Health 5-0, that was after failing to pass and then being amended. It then passed the Senate floor and House Health and Human Services without opposition. On the House floor it passed 61-8. This is an odd bill for me. It is one I supported, but at the same time felt it was unnecessary. Rep Elizabeth May (R, Dist 27) and Rep Mary Duvall (R, Dist 24) were two of those to speak against the bill on the House floor. After hearing their thoughts I think my support of the bill may have misguided. I still believe breastfeeding is important and that mothers should not be restricted, especially by the government. However this bill does cross a line with private property rights. It also tries to solve a problem in wrong manner. But having said that, I don’t feel the bill will cause any harm. It maybe should have been vetted out further though…

SB 85 – SoDakLiberty PostsRepeal certain requirements regarding the handlebar height on motorcycles.

This bill made it through both chambers without a no vote. This is a great bill. It gets rid of a law that isn’t based on any true public safety grounds.

Bills on the SD Senate floor for Fri Feb 27

February 27, 2015 1 comment
SD Senate floor. Photo by Ken Santema 02/25/15.

SD Senate floor. Photo by Ken Santema 02/25/15.

Here are the bills on the SD Senate floor for Friday, February 27, which begins at 1:00 PM central.

Since it is Friday and the legislators are looking to get home they probably won’t actually take up any of these bills. They might go through the consent calendar and commemorations though.

MOTIONS AND RESOLUTIONS

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

HCR 1007 – SoDakLiberty PostsOpposing the EPA’s guidelines to reduce carbon dioxide emissions from existing fossil fuel-fired power plants in a manner that will cause economic harm.

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 EXECUTIVE APPOINTMENT

Reappointment of:
Melody Schopp        Secretary of the Department of Education

SECOND READING OF CONSENT CALENDAR ITEMS

Appointment of:
Myron L. Rau            South Dakota Board of Pardons and Paroles

Reappointment of:
Krista Heeren-Graber        South Dakota Interstate Compact for Adult Offender Supervision

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

HB 1097 – SoDakLiberty PostsProvide for a reduced minimum fall enrollment for certain school districts.

HB 1100 – SoDakLiberty PostsClarify how a vacancy on a school board is filled.

HB 1137 – SoDakLiberty PostsExclude the passing time between classes in the number of hours required in the school term for secondary students.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1072 – SoDakLiberty PostsProvide that certain information regarding postsecondary technical institutes be given to parents and guardians of students in middle schools and high schools.

This bill was amended in House Ed and passed 11-3. It then went to pass the House floor 62-6. Senate Ed passed the bill 5-0.

Here is what I had to say about the bill before:

Currently school districts provide a list of students and address for those in grades 7-12 to the Board of Regents. This info can then be used to inform parents/guardians of the requirements needed for post-secondary schools. This bill would also send this list to the Department of Education. The bill also allows technical institutes to use the list for the same reason. I always thought it was the job of the school counselor and other school employees to help students meet their requirements?

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

Originally this bill would have modified a current statute to add this in to where it would be a Class 6 Felony.That version of the bill passed House Judiciary 10-3. It was then hoghoused on the House floor. The new version of the bill adds the same language as a new piece of code and makes this a Class 1 misdemeanor. I think that was a good change dropping the charge down to a misdemeanor. The bill passed the House floor 68-1 after being amended. Senate Judiciary passed the bill 7-0.

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. House judiciary passed the bill 5-2. I still don’t really understand 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. Here is what I said about the bill before and stick with:

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

* Deferred from yesterday!

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.

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.

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

* Deferred from yesterday!

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 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).
LEGISLATIVE COMMEMORATIONS

HC 1031 –  SoDakLiberty Posts – Honoring the 2015 Huron High School Speech and Debate Team on their outstanding performance.

HC 1032 –  SoDakLiberty Posts – Honoring the 75th anniversary of the Sturgis® Motorcycle Rally™, and recognizing Deadwood as “The Historic Jewel of the Black Hills.”

HC 1033 –  SoDakLiberty Posts – Commending and honoring the West Central High School FFA chapter.

HC 1034 –  SoDakLiberty Posts – Commending and honoring the West Central High School Band for its accomplishments.

HC 1035 –  SoDakLiberty Posts – Honoring Jessica Benson, an esteemed resident of Rapid City and a student at West Middle School, for achieving national recognition for exemplary volunteer service with a 2015 Prudential Spirit of Community Award.

HC 1036 –  SoDakLiberty Posts – Honoring and Commending Abbigail Boner of Castlewood, South Dakota, for receiving a 2015 Prudential Spirit of Community Award.

Bills on the SD House floor for Fri Feb 27

February 27, 2015 Leave a comment
SD House floor. Photo by Ken Santema 02/14/15.

SD House floor. Photo by Ken Santema 02/14/15.

Here are the bills on the SD House floor for Friday, February 27, which begins at 1:00 PM central.

Since it is Friday and the legislators are looking to get home they probably won’t actually take up any of these bills. They might go through the consent calendar and commemorations though.

SECOND READING OF CONSENT CALENDAR ITEMS

SB 5 – SoDakLiberty PostsRevise certain provisions concerning the assessment and taxation of real property.

SB 56 – SoDakLiberty PostsProvide direction regarding the calculation of adjusted gross proceeds for the purpose of calculating the gaming tax.

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

SB 87 – SoDakLiberty PostsRevise the circumstances creating a vacancy in municipal office.

SB 88 – SoDakLiberty Posts -Authorize emergency appointments to the municipal election board.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 45 – SoDakLiberty PostsRevise certain provisions relating to the sale of unpasteurized raw milk.

* Deferred from yesterday!

This bill was amended in the Senate Agriculture and Natural Resources committee and passed with a vote of 7-2. It passed the Senate floor 30-4. Then in House Ag is passed with no opposition. I was quite apprehensive about this bill before the Senate Ag hearing. Since that time I have listened to the committee hearing and studied the bill. There are some portions of the bill I think are maybe a little strict, but overall I think this is a great step forward compared to where the Dept of Ag was at two years ago. At this time I hope the bill is passed so the raw milk (and now raw cream) producers in SD can move forward.

SB 41 – SoDakLiberty PostsRevise certain provisions pertaining to commercial driver licensing.

* Deferred from yesterday!

This bill passed Senate Transportation 6-0, the Senate floor 30-4, finally House Transportation. I still haven’t listened to testimony on this bill. It changes quite a bit of code.

SB 94 – SoDakLiberty Posts – Establish a license fee for electric-powered motorcycles.

* Deferred from yesterday!

This bill passed Senate Transportation, the Senate Floor, and House Transportation with no opposition. I still want to test drive an electric-powered motorcycle.

SB 118 – SoDakLiberty Posts – Provide additional transparency for prescription drug plans.

* Deferred from yesterday!

This bill was substantially amended in Senate Commerce and passed that committee 7-0. It then went on to pass the Senate floor without opposition. Finally the bill passed House Health 12-1. A lot of this bill seems aimed at making sure certain parts of the rx drug plans have certain details.

SB 63 – SoDakLiberty PostsAdopt the Interstate Medical Licensure Compact.

* Deferred from yesterday!

This bill passed Senate Health and Human Services 6-0. It was amended on the Senate floor with following section added:

No state general funds shall be used to support the Interstate Medical Licensure Compact enacted by this bill.

The bill then passed the Senate floor 24-10. It then passed House Health and Human Services 13-0. The Association of American Physicians and Surgeons (AAPS) has come out against this bill because it would potentially place bureaucratic burdens on physicians within South Dakota. Upon further research I hope there is more opposition to the bill in the House. One thing SD doctors do not need is another barrier between them and focusing on their patients issues.

SB 47 – SoDakLiberty PostsMake an appropriation from the coordinated natural resources conservation fund to the State Conservation Commission and to declare an emergency.

* Deferred from yesterday!

This passed through the Senate and House Appropriations with no opposition. This bill gives $500,000 to the State Conservation Commission.

SB 49 – SoDakLiberty PostsAuthorize the Department of Game, Fish and Parks to sell a portion of railway right-of-way to the City of Deadwood.

* Deferred from yesterday!

This bill passed through the Senate and House State Affairs with no opposition. This bill would allow the GFP to sell real property in Deadwood.

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.

* Deferred from yesterday!

This bill passed through the Senate without opposition. It passed House Judiciary 9-2. Here are my previous notes on the bill:

The Uniform Interstate Family Support Act (UIFSA) is meant, at least in part, to deal with child support orders when multiple states are involved. Honestly, it doesn’t matter if anyone reads the bill or what is in it. It will pass and our state will have to follow the rules in the act. Too bad, I believe every piece of legislation deserves to truly be scrutinized. Below is a passage from the Uniform Law Commission, I have highlighted the sentence explaining why the SD Legislature will pass this bill no matter what is in it:

The 2008 UIFSA Amendments modify the current version of UIFSA’s international provisions to comport with the obligations of the United States under the 2007 Hague Convention on Maintenance. 2014 federal legislation requires all states to enact the 2008 UIFSA Amendments as a condition of continuing to receive federal funds for state child support programs. Failure to enact these amendments during the 2015 legislative session may result in a state’s loss of important federal funding.

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.

This bill makes three slight revisions to the use of a watercraft: 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 89 – SoDakLiberty Posts -Require the development of school safety plans and to require the conduct of lockdown drills in accredited schools.

This bill passed through the Senate with no opposition. It was amended in the House Education committee to trim it down quite a bit. I still think this is an undue burden on school districts to require this plan. Here is part of what I said about the bill before:

This should be decided on a case by case basis at the local level. Emergency managers have to determine the risk and impact of any given scenario and from there decide if a full plan and drill are necessary. The legislature cannot decide that. Any time put into a plan such as this might take away from planning for more imminent emergencies. The plan described will take a lot of time and resources to create and practice.

The amendments did make the bill less burdensome on schools. The amendments removed all of the specifics that were required to be in the plan. An amendment also reduced requirements for the meetings. I think the amendments removed some of the fear that the plans would overwhelm school districts trying to comply with the proposed change. But overall I still think this type of decision and plan should be at the local level and not dictated.

SB 95 – SoDakLiberty Posts – Revise provisions related to human trafficking.

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 81 – SoDakLiberty PostsRequire persons convicted of driving a vehicle while under influence of alcohol, drugs, or intoxicants to pay certain costs to the county.

This bill passed Senate Local Government 5-0 and the Senate floor 30-3. House Local Government overwhelmingly supported the bill 12-0. Here is what I previously said about the bill: “This would add an additional fifty dollar penalty for driving under the influence cases. This money would go to the clerk of courts and given to the county treasurer for use in the counties general fund. Finally, if the fifty dollar fee isn’t paid, it is “punishable by contempt proceedings”. Is this a new way for counties to raise revenues?” The legislature is sure finding interesting ways to increase taxes and fees this year…

LEGISLATIVE COMMEMORATIONS

SC 23 – SoDakLiberty Posts – Commending the South Dakota Army National Guard’s 153rd Engineer Battalion, Huron, South Dakota, for being awarded the Major General Milton A. Reckord Trophy.

SC 24 – SoDakLiberty Posts – Commending and honoring the West Central High School Track and Cross Country Teams for their accomplishments.

SC 25 – SoDakLiberty Posts – Honoring Macy Miller of Mitchell, South Dakota, for an outstanding high school basketball career.

SC 26 – SoDakLiberty Posts – Commending and honoring Vern DeGeest on his retirement from teaching, coaching, and administrating after fifty-four years in South Dakota schools.

SC 27 – SoDakLiberty Posts – Congratulating Lindsey Smith for taking a “shot” and for being named the Class A Ms. Volleyball for 2014 and for receiving an Under Armour All-American Volleyball Team Honorable Mention for the 2014-2015 year.

SC 28 – SoDakLiberty Posts – Honoring Dr. Jerome Bentz of Platte as the 2015 Family Doctor of the Year.

SC 29 – SoDakLiberty Posts – Honoring Kendra Peterson of Sisseton as 2015 Miss Rodeo South Dakota.

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