Bills on the SD Senate floor for Tues Feb 9

SD Senate floor. Photo by Ken Santema 2/5/16.
SD Senate floor. Photo by Ken Santema 2/5/16.

Here are the bills on the SD Senate floor for Tuesday, February 9, which begins at 2:00 PM central. This is compiled using the calendar at the time of composing this post. Agendas can and do change!

The House Floor video can be viewed live on the SDPB YouTube channel. Previous recordings can also be viewed there.

SECOND READING OF CONSENT CALENDAR ITEMS

SB 91 (SoDakLiberty Posts) – Revise certain provisions concerning the information on the forms provided to persons who sign initiated constitutional amendments, referred laws, or initiated measures.

SoDakLiberty Stance: Opposed
Prime Sponsors: Sen Ried Holien (R, Dist 5) and Rep Jim Bolin (R, Dist 16) are the prime sponsors.

This is aimed at adding sponsor and circulator information to petitions for initiated constitutional amendments and initiated measures.

This was heavily amended in State Affairs. It was amended to make this apply to referred laws. It was amended to add information about whether the petition circulator is paid, and how much they are being paid. South Dakota does not allow signatures to be paid by signature, and paid circulators get paid by the hour. The problem is the amount being paid can often change as the deadline for a petition approaches

As it is now this bill is just an unnecessary nightmare. This is just adding too much to the petition. The addition of how much a petition circulator is paid will create a unique nightmare because that is not always static

HB 1066 (SoDakLiberty Posts) – Revise certain provisions regarding the public notice for a meeting of a public body.

SoDakLiberty Stance: Support
Prime Sponsors: Rep Lee Schoenbeck (R, Dist 5) and Sen Bernie Hunhoff (D, Dist 18) are the prime sponsors.

I love this bill. It would require state and each state board, commission, or department to post an agenda with a full two days intervening before the meeting. That would not include weekends or holidays in those two days.

It was amended back in the House to make sure it doesn’t negatively impact municipalities.

HB 1100 (SoDakLiberty Posts) – Set a minimum size for a sign about zoning changes or conditional use permits.

SoDakLiberty Stance: Not Opposed
Prime Sponsors: Rep Herman Otten (R, Dist 6) and Sen Ried Holien (R, Dist 5) are the prime sponsors.

Last year the same bill was passed as HB 1194 (SoDakLiberty Posts). But it was not put into the section of code that Rep Otten intended for it to go. Where it was placed in code it only applied to counties, and not municipalities. This would make the sign requirement apply to municipalities as originally intended last year.

Personally I don’t think this should be left to local control. But this really isn’t a new law from my perspective, just the legislature making last years intent clear.

HB 1103 (SoDakLiberty Posts) – Revise certain provisions regarding the qualification process for municipal office.

SoDakLiberty Stance: Support
Prime Sponsors: Rep Thomas Brunner (R, Dist 29) and Sen Betty Olson (R, Dist 28) are the prime sponsors.

This bill will allow sufficient time for municipalities to have new office holders take an oath and get bonded. The new language allows the oath to be taken within 10 days after the first meeting on the month after an election.

SB 85 (SoDakLiberty Posts) – Revise certain provisions regarding motorcycle license plates.

SoDakLiberty Stance: Not Opposed
Prime Sponsors: Sen Terri Haverly (R, Dist 35) and Rep Mike Verchio (R, Dist 30) are the prime sponsors.

This would set in law that a motorcycle doesn’t need two license plates issued and doesn’t require two licenses plates to be attached to the motorcycle. Only one is currently issued. But motorcycles are not included in the current exemption of two license plates.

This was amended in Senate Transportation to clean up the language in the bill.

SB 70 (SoDakLiberty Posts) – Require certain private cemetaries to file an annual financial report.

SoDakLiberty Stance: Not Opposed
Prime Sponsors: Sen Deb Peters (R, Dist 9) and Rep Al Novstrup (R, Dist 3) are the prime sponsors.

This applies to perpetual cemeteries. These cemeteries place aside some of the money into an account that is invested. The invested money is then used to cover maintenance.  There was no mechanism put in place to ensure state law was being followed by these perpetual cemeteries. A couple of years ago the legislature passed a law requiring a yearly report to offer that mechanism. But there was an exemption for cemeteries before 1955. This bill would remove that exemption.

This bill could be important to taxpayers because if one of these cemeteries goes under it would be up to a local government to cover those costs.

SB 103 (SoDakLiberty Posts) – Authorize the Board of Regents to transfer certain real property to South Dakota State University Growth Partnership, Ltd. for research park purposes.

SoDakLiberty Stance: Not Opposed
Prime Sponsors: Sen Larry Tidemann (R, Dist 7) and Rep Mark Mickelson (R, Dist 13) are the prime sponsors.

This would allow the sale of up to twenty-five acres to South Dakota State University Growth Partnership, Ltd. for research park purposes.

SB 148 (SoDakLiberty Posts) – Authorize additional nursing facility beds for the Michael J. Fitzmaurice Veterans Home and to declare an emergency.

SoDakLiberty Stance: Undecided
Prime Sponsors: The Committee on Health and Human Services is the prime sponsor at the request of the Office of the Governor.

This would allow up to 76 beds at Michael J. Fitzmaurice Veterans Home. I guess my main question is where the money for that appropriation comes from. Is this to approve federal expenditures? I haven’t had time to listen to testimony yet to find out those questions.

SB 102 (SoDakLiberty Posts) – Allow certain alcoholic beverage licenses and special event alcoholic beverage licenses to be issued on certain lands and facilities located on state educational institution campuses.

SoDakLiberty Stance: Undecided
Prime Sponsors: Sen Larry Tidemann (R, Dist 7) and Rep Scott Munsterman (R, Dist 7) are the prime sponsors.

*** Deferred again yesterday!

This would allow the State Universities, with the Board of Regents permission, to sell beer and wine at special events. This is obviously being done for sporting events. But it would allow it for much more. It would allow beer and wine sales for any events involving “performing arts, intercollegiate athletics, fund-raising, a reception, a conference, or an occasional or scheduled event at a facility used for performing arts, intercollegiate athletics, events, or receptions”.

Personally I think it’s a good idea. But I know there is already a lot of opposition against this change…

SB 5 (SoDakLiberty Posts) – Revise the procedure to initiate a school district boundary change.

SoDakLiberty Stance: Undecided
Prime Sponsors: Sen Deb Peters (R, Dist 9) and Rep Herman Otten (R, Dist 6) are the prime sponsors on behalf of the School District Boundary Task Force.

*** Deferred again yesterday!

I did a post looking at this bill coming out of the School District Boundary Task Force. At this time I’ll refrain from commenting on the bill too much because I still haven’t listened to committee testimony. But I do wonder if school consolidation would be a solution that would fix this issue, along with other fiscal issues experienced by the school districts.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1098 (SoDakLiberty Posts) – Revise certain provisions regarding the exemption of motor vehicles from the motor vehicle excise tax.

SoDakLiberty Stance: Support
Prime Sponsors: Rep Jim Bolin (R, Dist 16) and Sen Jenna Haggar (R, Dist 10) are the prime sponsors.

One of the exemptions from vehicle excise tax is for a motor vehicle that is 11 or more model years old and is sold or transferred for $2,200 or less.  This bill would change that to $2,500 or less. I don’t see a problem with that change.  It has been almost a decade since that amount was raised.

HB 1033 (SoDakLiberty Posts) – Revise certain provisions concerning elections and election petitions and to declare an emergency.

SoDakLiberty Stance: Support
Prime Sponsors: The Committee on Local Government is the prime sponsor at the request of the State Board of Elections.

*** Deferred from yesterday!

This bill comes about because Independent Voter and Independent Candidate (among other terms) have to be fixed in statute. See my first post explaining what exactly is in this legislation, then see my second post explaining why these terms need to be defined.

This is a good bill worth supporting.

HB 1025 (SoDakLiberty Posts) – Place certain substances on the controlled substances schedule and to declare an emergency.

SoDakLiberty Stance: Opposed
Prime Sponsors: The Committee on Health and Human Services is the prime sponsor at the request of the Department of Health.

*** Removed from the consent calendar last Wednesday and then deferred again yesterday!

This bill went through the House with no opposition. I only oppose this bill because it is done to comply with bad War on Drugs policies of the DEA.

HB 1056 (SoDakLiberty Posts) – Revise certain provisions relating to the veterans’ preference in employment.

SoDakLiberty Stance: Support
Prime Sponsors: Rep Fred Deutsch (R, Dist 4) and Sen Brock Greenfield  (R, Dist 2) are the prime sponsors.

*** Deferred from yesterday!

A bill worth supporting. The bill guarantees that a veteran who possesses at least the minimum qualifications to fill a public sector job must receive an interview. The statute would no longer say that person has to be hired (that is how I read the old statute, that was apparently up for debate). There is also a provision to ensure public employers are aware of this law. Apparently there are a LOT of public employers not aware.

SoDakLiberty Stance: Not Opposed
Prime Sponsors: Rep Mike Stevens (R, Dist 18) and Sen Arthur Rusch (R, Dist 17) are the prime sponsors.

*** Deferred from yesterday!

I never found time to listen to testimony on this one. But, this would appear to be trying to protect the custodial parent or child when there is a relocation and a protection order against the non-custodial parent; and at the same time make sure there is still proper notification given. I didn’t see any red flags in the legislation.

Bills on the SD House floor for Tues Feb 9

SD House floor. Photo by Ken Santema 2-5-16.
SD House floor. Photo by Ken Santema 2-5-16.

Here are the bills on the House floor for Tuesday, February 9, which begins at 2:00 PM central. This is compiled using the calendar at the time of composing this post. Agendas can and do change!

The House Floor video can be viewed live on the SDPB YouTube channel. Previous recordings can also be viewed there.

MOTIONS AND RESOLUTIONS

HCR 1011 (SoDakLiberty Posts) – Opposing the recent actions of the EPA and the President with regards to the Waters of the United States federal rule and applauding the South Dakota congressional delegates who opposed such actions.

Status: Alive
SoDakLiberty Stance: Not Opposed
Prime Sponsors: Rep Lee Qualm (R, Dist 21) and Sen Gary Cammack (R, Dist 29) are the prime sponsors.

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1183 (SoDakLiberty Posts) – Revise certain provisions regarding the jurisdiction of magistrate courts to issue protection orders.

SoDakLiberty Stance: Not Opposed
Prime Sponsors: Rep Timothy Johns (R, Dist 31) and Sen Arthur Rusch (R, Dist 17) are the prime sponsors.

This bill deals with domestic protection actions and stalking matters.  Currently only circuit court judges can hear those, this bill would allow law trained magistrates the jurisdiction to hear those cases. It was amended in House Judiciary limits the bill to stalking matters and domestic protection actions. I think that amendment help to alleviate the concerns that magistrates were confined to certain cases. If a child was concerned it would not go to the magistrate, that would still go to circuit court.

HB 1208 (SoDakLiberty Posts) – Provide for the sale of certain surplus real estate at the South Dakota Developmental Centers and to provide for the deposit of the proceeds.

SoDakLiberty Stance: Not Opposed
Prime Sponsors: The Committee on State Affairs is the prime sponsor at the request of the Office of the Governor.

This bill would allow the state to sell land currently in the control of the South Dakota Developmental Centers, including possibly selling land the to be demolished buildings are on. The sale of that land will be used for the South Dakota Developmental Center.

SoDakLiberty Stance:  Opposed
Prime Sponsors: Rep Nancy Rasmussen (R, Dist 17) and Sen Arthur Rusch (R, Dist 17) are the prime sponsors.

This is to ensure names of corps, partnerships, nonprofits, etc… are not using names that are considered in bad taste. Personally I think this was silly. The only reason I am officially opposed to the bill is because it seems to be an unwarranted intrusion on free speech.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1112 (SoDakLiberty Posts) – Establish certain procedures regarding a transgender policy for the purposes of participation in high school activities and to declare void any present transgender policy of the South Dakota High School Activities Association.

SoDakLiberty Stance: Not Opposed
Prime Sponsors: Rep Roger Hunt (R, Dist 25) and Sen Bill Van Gerpen (R, Dist 19) are the prime sponsors.

*** Deferred again yesterday!

This bill amended in House State Affairs to simplify it. In its current for this is the whole bill:

Section 1. The board of directors of the South Dakota High School Activities Association may not adopt any transgender policy without the consent of the Legislature. Any transgender policy adopted by the board of directors prior to this Act is hereby declared void.

The amendment basically took out the language regarding sexual identity.

 As to this bill. I don’t really think this bill matters until there is a decision at the Supreme Court of the United States level deciding whether the Department of Education’s new interpretation of Title IX is constitutional.

I don’t really think this bill is a good idea. But I also don’t really care about the bill so I’m not opposed.

HB 1051 (SoDakLiberty Posts) – Prohibit the use of certain automated sales suppression devices and to provide penalties for their use.

SoDakLiberty Stance: Opposed
Prime Sponsors: The Committee on Taxation is the prime sponsor at the request of the Department of Revenue.

*** Deferred again yesterday!

This bill basically allows the DOR to go after devices/software that is used to illegally suppress sales tax. I don’t like the bill because it gives the DOR the right to seize these sales suppression devices without a warrant. I don’t think it is too much to ask for a little bit of due process.

HB 1125 (SoDakLiberty Posts) – Limit the ability of a person to obtain a concealed pistol permit related to the restoration of civil rights and to declare an emergency.

SoDakLiberty Stance: Not Opposed
Prime Sponsors: Rep Thomas Brunner (R, Dist 29) and Sen Brock Greenfield  (R, Dist 2) are the prime sponsors.

This It repeals § 23-7-52, which restores the right to obtain a concealed pistol or an enhanced permit to carry a concealed pistol after civil rights have been restored. What happened is last year when the enhanced concealed carry permit was passed into law it accidentally changed the law to restore the right to get the permit to all convicted felons. The intent last year was to allow certain felons to be able to get a permit if they had their rights restored. There is another statute that already deals with restoring gun rights, removing this one puts the law back to what was intended.

At first I was one of the people worried about this bill. But after researching it further I don’t see this as a bad change.

It was amended in committee to give it an emergency clause.

HB 1138 (SoDakLiberty Posts) – Revise provisions related to the enhanced permit to carry a concealed pistol.

SoDakLiberty Stance: Not Opposed
Prime Sponsors: Rep Thomas Brunner (R, Dist 29) and Sen Brock Greenfield  (R, Dist 2) are the prime sponsors.

This is a cleanup bill for the enhanced pistol permit.

Currently some parts of statutes say the permit is good for 4 years, even though that had been changed to 5. This cleans up some of those references.

The other change has to do with the $100 permit fee. Currently $50 goes to the Sheriff and $50 goes to the Secretary of State. This bill would change that to 50% to the Sheriff and 50% to the Secretary of State. If I am doing the math right, that means no actual change is being made…

The bill was amended to have the renewal split 50/50 as well.

HB 1091 (SoDakLiberty Posts) – Establish certain requirements regarding insurance for vehicles used to provide rides for a transportation network company and to exempt drivers and vehicles used to provide these rides from certain commercial licensing requirements.

SoDakLiberty Stance: Support
Prime Sponsors: Rep Mark Willadsen (R, Dist 11) and Sen Deb Peters (R, Dist 9) are the prime sponsors.

This is a bill that would allow ride-hailing companies, such as Uber, to operate in South Dakota. These companies are great. They allow a ride to be hailed easily via a smart phone app. And they use regular people as the drivers. It is a win-win for both the passenger and driver (and for companies such as Uber).

The bill creates a new set of laws that falls under the classification of the new term “transportation network company”. It really is focused on the insurance laws dealing with transportation network companies.

This Sioux Falls city council asked for this legislation because the transportation network companies simply don’t fit within current state law. This bill is based on model legislation.

There was an amendment offered to remove a section of the bill that might have negatively impacted CDL’s.

HB 1064 (SoDakLiberty Posts) – Apply certain penalties regarding damages, tampering, and malicious acts to certain railroads that carry passengers.

SoDakLiberty Stance: Not Opposed
Prime Sponsors: Rep Mike Verchio (R, Dist 30) and Sen Jeff Monroe (R, Dist 24) are the prime sponsors.

The 1880 Train going between Keystone and Hill City is the driving force behind this bill. There has been a problem with people purposely putting big rocks and trees on the track. Some are vandalism, but some are unhappy land owners. There so far has only been small derailment.

This bill would change those acts from a misdemeanor to a felony. The reasoning behind this change is that people’s lives are placed in danger.

The amendment says that at least five miles of railroad have to exist for this statute to apply.

HB 1202 (SoDakLiberty Posts) – Provide access to abandoned cemeteries and private burying grounds.

SoDakLiberty Stance: Undecided
Prime Sponsors: Rep Jim Stalzer (R, Dist 11) and Sen Jim Peterson (D, Dist 4) are the prime sponsors.

This bill basically allows access to cemeteries that are on private land. These cemeteries also have roads that have been abandoned. This would provide access for maintenance and visitation purposes with reasonable notice during reasonable hours. It also protects the landowner against damage done.

There was opposition because the parts of the bill with “reasonable” are not defined. It was also noted this is a property rights issue.

A similar bill made it through the House last year, but was defeated in the Senate.

This bill made it through House State Affairs 9-4.

I’m still undecided on this bill. I can see why access would be wanted to these old cemeteries, but I can also see the landowners being concerned about their property.

HB 1080 (SoDakLiberty Posts) – Make an appropriation and to transfer certain money to the Bureau of Administration to fund a design study for a potential expansion and upgrade to the State Animal Disease Research and Diagnostic Laboratory and to declare an emergency.

SoDakLiberty Stance: Undecided
Prime Sponsors: The Committee on Appropriations is the prime sponsor at the request of the Office of the Governor.

This would appropriate $1,575,000 for the study. I understand this is an ag state, but in a year when huge tax increases are being contemplated for teacher pay is it really good to spend a million and a half dollars on a study that private ag industry could be supporting.

HB 1135 (SoDakLiberty Posts) – Establish venue for certain actions arising out of real property lease agreements.

SoDakLiberty Stance: Not Opposed
Prime Sponsors: Rep Alex Jensen (R, Dist 12) and Sen William Shorma (R, Dist 16) are the prime sponsors.

This would make sure that legal disagreements between the two parties in a lease agreement is tried in the county where the land is. I actually assumed that was already true.  But apparently that isn’t true.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 10 (SoDakLiberty Posts) – Authorize the Board of Regents to contract for the renovation and construction of an addition to Harding Hall on the campus of South Dakota State University and to make an appropriation therefor.

SoDakLiberty Stance: Not Opposed
Prime Sponsors: The Committee on Appropriations is the prime sponsor at the request of the Board of Regents.

*** Deferred again yesterday!

This bill did not have to go through a House Committee because of the new Appropriation process.

SDSU wants to renovate and add an addition to Harding Hall with a project cost of up to $12,000,000. $3,300,000 of that can come from money that would already be used for maintenance and repair projects from the higher education facilities fund. $5,000,000 can come “from other funds derived from tuition”.

SB 11 (SoDakLiberty Posts) – Authorize the Board of Regents to purchase land from the Dakota State University Foundation for the use and benefit of Dakota State University in Madison, to make an appropriation therefor, and to declare an emergency.

SoDakLiberty Stance: Not Opposed
Prime Sponsors: The Committee on Appropriations is the prime sponsor at the request of the Board of Regents.

*** Deferred again yesterday!

This bill did not have to go through a House Committee because of the new Appropriation process.

This appropriation would allow DSU to buy the East Campus Parking Lot from the Dakota State University Foundation for up to $40,000.

SB 17 (SoDakLiberty Posts) – Make an appropriation for costs related to suppression of wildfires in the state and to declare an emergency.

SoDakLiberty Stance: Not Opposed
Prime Sponsors: The Committee on Appropriations is the prime sponsor at the request of the Department of Agriculture.

*** Deferred again yesterday!

This bill did not have to go through a House Committee because of the new Appropriation process.

This bill would appropriate $2,100,000 to the state fire suppression special revenue fund. Basically this is to back-fill for the costs they have incurred

Two years ago as part of the 2014 SD Ag Summit I was able to see ademonstration by the SD Wildland Fire Suppression Division (WFSD) in Lead. This is probably one of the few appropriations areas I think is a good investment by the state.

SB 18 (SoDakLiberty Posts) – Make an appropriation from the coordinated natural resources conservation fund to the State Conservation Commission and to declare an emergency.

SoDakLiberty Stance: Not Opposed
Prime Sponsors: The Committee on Appropriations is the prime sponsor at the request of the Department of Agriculture.

**** Deferred again yesterday!

This bill did not have to go through a House Committee because of the new Appropriation process.

This bill would appropriate $1,000,000 from the coordinated natural resources conservation fund for the State Conservation Commission to use.

SB 68 (SoDakLiberty Posts) – Make appropriations from the water and environment fund and its revolving fund subfunds for various water and environmental purposes, to revise solid waste management program recycling provisions, to revise water and environment fund loan terms, and to declare an emergency.

SoDakLiberty Stance: Not Opposed
Prime Sponsors: The Committee on Appropriations is the prime sponsor at the request of the Office of the Governor.

*** Deferred again yesterday!

This bill did not have to go through a House Committee because of the new Appropriation process.

SB 27 (SoDakLiberty Posts) – Revise certain personnel requirements for ambulance services and to repeal the hardship exemption.

SoDakLiberty Stance: Not Opposed
Prime Sponsors: The Committee on Health and Human Services is the prime sponsor at the request of the Department of Health.

*** Deferred again yesterday!

This bill is to help the EMS system address making sure independent ambulance services are able to keep a competent workforce. A lot of this bill seems to come about from the previous change of putting EMS under the Department of Health. The repeal of the exemption apparently is because too many EMS providers are operating as an exemption instead of trying to actually comply.

SB 28 (SoDakLiberty Posts) – Require meningococcal immunization for school entry.

SoDakLiberty Stance: Opposed
Prime Sponsors: The Committee on Health and Human Services is the prime sponsor at the request of the Department of Health.

*** Deferred again yesterday!

I really don’t think this bill is necessary. It is another vaccination mandate that I don’t think a strong enough case was made to make it mandatory. I think this vaccine could have easily be left as recommended and let people decide for themselves. There simply wasn’t a case made the risks override the right of parents to choose.

On the Senate floor there was an attempt to amend it in order to provide a philosophical exemption for parents to use. But that failed. I expect another attempt to amend the bill on the House floor.

SB 2 (SoDakLiberty Posts) – Revise the distribution of the revenue from the alcoholic beverage fund.

SoDakLiberty Stance: Support
Prime Sponsors: Sen Bob Ewing (R, Dist 31) and Rep Leslie Heinemann (R, Dist 8) are the prime sponsors on behalf of the Interim Committee on County Government.

*** Deferred again yesterday!

Currently 25% of revenue from the alcohol tax goes to municipalities and the rest goes to the state. This bill originally changed that to 1/3 to the municipalities, 1/3 to the counties, and 1/3 to the state. That was done so the counties could recoup costs being imposed by the state.

This bill was amended in Senate Local Government to change that distribution to 25% municipalities, 25% counties, and 50% state. That still gets more revenue to the counties, but does not increase the municipal take. The bill passed through the Senate 28-5.

Personally I think it should be amended back to 1/3 each, but as is this bill will help the counties.

SoDakLiberty Stance: Not Opposed
Prime Sponsors: The Committee on Appropriations is the prime sponsor at the request of the Board of Regents.

*** Deferred again yesterday!

This bill was amended in Appropriations to allow other public entities to buy the land in question. This property is right next to City of Brookings. It was originally used for tree research and is not suitable for agricultural use. The money will go into a special fund where more appropriate land can be purchased.

SD legislative committee meetings for Tues Feb 9

SD State Capital
SD State Capital Building. Photo by Ken Santema 2/4/16.

Here is the list of the SD legislative committee meetings that are taking place on Tuesday, February 9th. 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.

This is compiled using the agenda at the time of composing this post. Agendas can and do change!

One way to listen to these meetings live is via the audio links on theSchedule page of the LRC website. While there you can also view the status board for the meetings as they are going on.

Joint Appropriations9:00 AM5 Bills.

House Taxation – 7:45 am6 Bills.

Senate Judiciary8:00 AM3 Bills.

House Health & Human Services7:45 AM – 4 Bills.

Senate Education – 7:45 am2 Bills.

House Ag & Natural Resources7:45 AM3 Bills.

House Local Government10:00 AM. 5 Bills.

House Transportation – 10:00 AM3 Bills.

Senate Ag & Natural Resources – 10:00 AM3 Bills.

Senate Commerce & Energy10:00 AM – 3 Bills.

Joint Appropriations has 5 bills on Tues Feb 9

20664773On Tuesday, February 9, at 9:00 am the SD Joint Committee on Appropriations will take on 5 bills. This is compiled using the agenda at the time of composing this post. Agendas can and do change!

One way to listen to these meetings live is via the audio links on the Schedule page of the LRC website. While there you can also view the status board for the meetings as they are going on.

Notice the later start, 9 am!

One of these bills, HB 1081, has already had a hearing.

SB 48 (SoDakLiberty Posts) – Revise the General Appropriations Act for fiscal year 2016.

SoDakLiberty Stance: Undecided
Prime Sponsors: The Committee on Appropriations is the prime sponsor at the request of the Bureau of Finance and Management.

I haven’t had time to look at this one yet. We are in the middle of fiscal year 2016 right now.

SB 75 (SoDakLiberty Posts) – Establish a grant program for adult community residential services designed to reduce the risk of recidivism, to provide a report to the Legislature, and to make an appropriation therefor.

SoDakLiberty Stance: Undecided
Prime Sponsors: Sen Larry Tidemann (R, Dist 7) and Rep Jean Hunhoff (R, Dist 18) are the prime sponsors.

Section 1 of the bill explains the grant:

There is hereby established the alternative care program to be administered by the Unified Judicial System. The Unified Judicial System shall award grants to nonprofit entities within the state of South Dakota that provide indigent adults with extended residential alternative care programs designed to reduce the risk of recidivism. The grants shall be awarded for room and board costs for South Dakota residents of the program with a maximum award of thirty dollars per day per resident. Any grant award shall be distributed in quarterly installments.

This bill appropriates $250,000 to start the program.

SB 120 (SoDakLiberty Posts) – Make an appropriation to reimburse certain family physicians, dentists, physician assistants, and nurse practitioners who have complied with the requirements of the recruitment assistance program.

SoDakLiberty Stance: Undecided
Prime Sponsors: Sen Deb Peters (R, Dist 9) and Rep Justin Cronin (R, Dist 23) are the prime sponsors.

This would appropriate $518,600 for this program.

HB 1170 (SoDakLiberty Posts) – Make an appropriation to reimburse certain eligible health care professionals who have complied with the requirements of the rural health care facility recruitment assistance program.

SoDakLiberty Stance: Undecided
Prime Sponsors: Rep Jean Hunhoff (R, Dist 18) and Sen Angie Buhl O’Donnell (D, Dist 15) are the prime sponsors.

This would appropriate $277,500 for this program.

HB 1081 (SoDakLiberty Posts) – Make an appropriation to fund tax refunds for elderly persons and persons with a disability and to declare an emergency.

SoDakLiberty Stance: Undecided
Prime Sponsors: The Committee on Appropriations is the prime sponsor at the request of the Office of the Governor.

This bill has already had a hearing.

This bill would appropriate $450,000 to provide refunds for real property tax and sales tax to elderly and disabled persons.

Senate Commerce has 3 bills on Tues Feb 9

1367992On Tuesday, February 9, at 10:00 am the SD Senate Commerce and Energy committee will take on 3 bills. This is compiled using the agenda at the time of composing this post. Agendas can and do change!

One way to listen to these meetings live is via the audio links on the Schedule page of the LRC website. While there you can also view the status board for the meetings as they are going on.

SB 134 (SoDakLiberty Posts) – Prohibit the Public Utilities Commission from granting certain permits until federal approval is granted.

SoDakLiberty Stance: Undecided
Prime Sponsors: Sen Troy Heinert (D, Dist 26) and Rep Kevin Killer (D, Dist 27) are the prime sponsors.

This would appear to be in direct response to the PUC renewing the Keystone XL permit, after the Obama administration denied the federal permit.

Here is the statute being changed, the underlined part is the new language:

49-41B-24. Within twelve months of receipt of the initial application for a permit for the construction of energy conversion facilities, AC/DC conversion facilities, or transmission facilities, the commission shall make complete findings in rendering a decision regarding whether a permit should be granted, denied, or granted upon such terms, conditions or modifications of the construction, operation, or maintenance as the commission deems appropriate. If, however, the construction requires a Presidential Permit, which the President of the United States has the constitutional authority to require and the United States Secretary of State has the authority to approve under the provisions of Executive Order 13337, the commission may not grant a permit for the construction under this section until the Presidential Permit is approved.

I don’t see this passing. Especially since the House just passed HCR 1008 (SoDakLiberty Posts) urging the passage of Keystone XL, and the Senate is expected to do the same.

HB 1031 (SoDakLiberty Posts) – Revise certain provisions pertaining to weights and measures.

SoDakLiberty Stance: Not Opposed
Prime Sponsors: The Committee on Commerce and Energy is the prime sponsor at the request of the Department of Public Safety.

HB 1031 is a bill I really didn’t like in the House. This bill was amended in the House committee to take out the worst part of the bill, where the DPS would charge for time. There are still some fine increases. But overall this bill went from something I outright opposed to one I really don’t care about anymore.

HB 1084 (SoDakLiberty Posts) – Define when concurrent employment may be used to calculate earnings in workers’ compensation cases.

SoDakLiberty Stance: Not Opposed
Prime Sponsors: Rep David Anderson (R, Dist 16) and Sen William Shorma (R, Dist 16) are the prime sponsors.

Here is what I said about the bill before it went on the House floor:

The bill was amended in committee at the sponsors request. This bill came about because of a Supreme Court decision last year. Currently state law says that if a person has multiple jobs, and a person gets hurt at Job A, only Job A is considered for workman’s compensation. The Supreme Court ruling last year stated each job had to be taken into account for workman’s compensation. This bill is an attempt to comply with that ruling; and also to legislate what was left unknown by that ruling.

Section 1 of the bill actually sets aside the Supreme Court decision and clarifies legislative intent.

The bill then goes on to re-aggregate the legislative intent of what has been the law in SD for 98 years. There is also clarification added for various scenarios for people with multiple jobs, including seasonal jobs.

There is more to the bill than I have discussed, but I personally didn’t hear a problem with the bill after listening to testimony.

Senate Ag has 3 bills on Tues Feb 9

22350040On Tuesday, February 9, at 10:00 am the SD Senate Agriculture and Natural Resources committee will take on 3 bills. This is compiled using the agenda at the time of composing this post. Agendas can and do change!

One way to listen to these meetings live is via the audio links on the Schedule page of the LRC website. While there you can also view the status board for the meetings as they are going on.

HB 1011 (SoDakLiberty Posts) – Repeal certain obsolete and unnecessary statutes concerning game preserves and refuges.

SoDakLiberty Stance: Not Opposed
Prime Sponsors: The Committee on Agriculture and Natural Resources is the prime sponsor at the request of the Department of Game, Fish and Parks.

This went through the House with no opposition. A good cleanup bill removing old statutes as part of the Governor’s red tape cleanup.

SB 107 (SoDakLiberty Posts) – Clarify certain safety zone restrictions on hunting.

SoDakLiberty Stance: Undecided
Prime Sponsors: Sen Gary Cammack (R, Dist 29) and Rep Lee Qualm (R, Dist 21) are the prime sponsors.

Below the strike-out shows part of what this bill is doing:

 No person, except the adjoining landowner or any person receiving written permission from the adjoining landowner, may use such highways or rights-of-way for the purposes of discharging any firearm or for the purposes of hunting defined in this title within a six hundred sixty-foot safety zone surrounding an occupied dwelling, a church, schoolhouse, or livestock.

Basically it appears to remove the exemption for the adjoining landowner or permission from the adjoining landowner.

SB 78 (SoDakLiberty Posts) – Deposit money in the permanent school fund based on certain acres of school and public lands open to public hunting.

SoDakLiberty Stance: Undecided
Prime Sponsors: Sen Betty Olson (R, Dist 28) and Rep Elizabeth May (R, Dist 27) are the prime sponsors.

This bill had one hearing already, and failed to pass. I haven’t listened to that testimony yet.

Here is what I said about the bill prior to the previous hearing:

Here is the text of the entire bill:

Section 1. That chapter 41-2 be amended by adding a NEW SECTION to read:

    Beginning in 2017 and each year thereafter, and except as provided in this section, for each acre of school and public lands that is shown on any hunting atlas, map, or other publication or document that is made available to the public by the Department of Game, Fish and Parks, or any other state agency, as open to public hunting during the calendar year, money shall be transferred from the Department of Game, Fish and Parks fund to the permanent school fund established pursuant to S.D. Const., Art. VIII, § 2. The amount of money transferred for each acre shall be equal to the average amount paid per acre in each respective county during the previous calendar year to landowners under the walk-in area program and any other state program established for the purpose of providing free public hunting access on private lands and funded through the surcharge established in § 41-2-34.2. If the department chooses not to transfer money from the Department of Game, Fish and Parks fund to the permanent school fund under the provisions of this section, the location of any school and public lands that are open to public hunting may not be shown or designated as open to public hunting on any hunting atlas, map, publication, or document.

This is an interesting idea to get some funds to the schools. Especially since these lands don’t pay property tax.

Senate Judiciary has 3 bills on Tues Feb 9, right to bear arms, sexual assault kits, and refugees

Man Drugging Woman's Drink In BarOn Tuesday, February 9, at 8:00 am the SD Senate Judiciary committee will take on 3 bills. This is compiled using the agenda at the time of composing this post. Agendas can and do change!

One way to listen to these meetings live is via the audio links on the Schedule page of the LRC website. While there you can also view the status board for the meetings as they are going on.

SJR 1 (SoDakLiberty Posts) – Proposing a constitutional amendment to provide that the fundamental right of state citizens to bear arms cannot be infringed and is subject to strict scrutiny.

SoDakLiberty Stance: Undecided
Prime Sponsors: Sen Phil Jensen (R, Dist 33) and Rep Steven Haugaard (R, Dist 10) are the prime sponsors.

This would put another question on the ballot for voters in SD to choose from in 2016. In this case it would be the following Constitutional Amendment.

§ 24. The fundamental right of the citizens to bear arms in defense of themselves and the state shall not be denied infringed.

I agree with this change. I just question whether adding this on a year when there are already a lot of ballot questions is a good idea.

SB 130 (SoDakLiberty Posts) – Require the processing of sexual assault exam kits.

SoDakLiberty Stance: Undecided
Prime Sponsors: Sen Phil Jensen (R, Dist 33) and Rep Lynne DiSanto (R, Dist 35) are the prime sponsors.

First this bill defines what a sexual assault exam kit is. But more importantly it ensures the kits are processed within 90 days of being received. I’ve heard there is a huge backlog of these kits that need to be processed. Hopefully in testimony it will be explained why there is such a backlog. To me even 90 days seems like a long time.

SB 119 (SoDakLiberty Posts) – Require legislative authority for refugee actions under South Dakota law.

SoDakLiberty Stance: Undecided
Prime Sponsors: Sen Brock Greenfield  (R, Dist 2) and Rep John Wiik (R, Dist 4) are the prime sponsors.

Here is the entire bill:

  28-1-47. The Subject to legislative approval by means of an enacted law or resolution, the Department of Social Services may enter into agreements with agencies of the United States for the purpose of participating in the Refugee Act of 1980 (P.L. 96-212).

This should be an interesting one to hear testimony on. It should fare much better than HB 1158 (SoDakLiberty Posts), which was tabled by request of the sponsor.

Senate Ed has 2 bills on Tues Feb 9

34817864On Tuesday, February 9, at 7:45 am the SD Senate Education committee will take on 2 bills. This is compiled using the agenda at the time of composing this post. Agendas can and do change!

One way to listen to these meetings live is via the audio links on the Schedule page of the LRC website. While there you can also view the status board for the meetings as they are going on.

SB 159 (SoDakLiberty Posts) – Provide a tax credit to insurance companies that contribute to an organization providing educational scholarships to certain students.

SoDakLiberty Stance: Undecided
Prime Sponsors: Sen Phyllis Heineman (R, Dist 13) and Rep Brian Gosch (R, Dist 32) are the prime sponsors.

This appears to be an amended version of SB 189 (SoDakLiberty Posts) from the 2015 legislative session.

I want to hear testimony before deciding whether this is a good bill. But in the mean time here is what I said about last years bill after it was killed:

Sen Phyllis Heineman (R, Dist 13) and Rep Brian Gosch (R, Dist 32) are the prime sponsors. This bill has had a journey. This bill was amended in Senate Ed. It then failed a Do Pass motion by 3-3. It was then sent to the floor with no recommendation. The Senate floor then voted 24-7 to allow it to be placed on the calendar. It had a slight amendment on the Senate floor (that failed to change the problems many have with the bill). It then passed the Senate floor 23-12. This bill allows certain insurance companies to contribute money to a scholarship to be used in private schools and then get a tax credit.

On the House side this bill failed to pass Taxation by a vote of 7-8. The committee then voted 8-7 to send the bill to the House floor without recommendation. That meant it would not be calendared as Do Pass. On the floor the motion to calendar the bill failed by a vote of 31-31. The intent to reconsidered failed.

Personally I was on the fence about this bill. Hopefully it will be brought back next year. I think it may have been a good idea, but it needed more public support..

SB 129 (SoDakLiberty Posts) – Establish certain suicide awareness and prevention training requirements for certain school employees based on the Jason Flatt Act.

SoDakLiberty Stance: Undecided
Prime Sponsors: Sen Jenna Haggar (R, Dist 10) and Rep Lynne DiSanto (R, Dist 35) are the prime sponsors.

I had never heard of the Jason Flatt Act. I found this info on the Jason Foundation website:

The Jason Flatt Act started as an idea that was presented by a young legislator in New Jersey in 2001. He asked, “Have you ever thought about working with teacher’s In-Service Training requirements to have educators trained?” That began our working with organizations in New Jersey and then Colorado to influence legislation for including youth suicide awareness and prevention training within Teacher’s In-Service and eventually resulting in basis for The Jason Flatt Act.

In 2007, The Jason Flatt Act was first passed in Tennessee and became the nation’s most inclusive and mandatory youth suicide awareness and prevention legislation pertaining to Teacher’s In-Service Training. It required all educators in the state to complete 2 hours of youth suicide awareness and prevention training each year in order to be able to be licensed to teach in Tennessee. This was soon followed by Louisiana and California in 2008 (California is mandated to be offered – not individual teacher requirement which is the only difference to all other states). Mississippi passed The Jason Flatt Act in 2009 follow by Illinois in 2010 and Arkansas in 2011. The year 2012 would prove to be a record-breaking year for The Jason Flatt Act passing in five states; West Virginia, Utah, Alaska, South Carolina and Ohio.  North Dakota passed the legislation in 2013. Wyoming passed legislation in 2014. Georgia, Montana, and Texas passed legislation in 2015. In all, 16 states have now passed The Jason Flatt Act (30% of all states).

In all 16 states, The Jason Flatt Act has been supported by the state’s Department of Education and the state’s Teacher’s Association which points to the value seen in such preventative training. When introduced under The Jason Flatt Act, a state can pass this important life-saving / life-changing legislation without a fiscal note.

House Transportation has 3 bills on Tues Feb 9

109293523On Tuesday, February 9, at 10:00 am the SD House Transportation committee will take on 3 bills. This is compiled using the agenda at the time of composing this post. Agendas can and do change!

One way to listen to these meetings live is via the audio links on the Schedule page of the LRC website. While there you can also view the status board for the meetings as they are going on.

HB 1164 (SoDakLiberty Posts) – Waive the requirement to display a front motor vehicle license plate on certain special interest motor vehicles.

SoDakLiberty Stance: Undecided
Prime Sponsors: Rep Larry Zikmund (R, Dist 14) and Sen Brock Greenfield  (R, Dist 2) are the prime sponsors.

This would allow certain vehicles to be exempt from having a front license plate. This portion of the bill seems to define which vehicles those would be:

For purposes of this Act, a special interest motor vehicle is a vehicle that is collected, preserved, restored, or maintained by the owner as a leisure pursuit and is not used for general or commercial transportation.

My only question is: why not get rid of the front license plate altogether? I’ve lived in states down South that only had a rear license plate.

HB 1184 (SoDakLiberty Posts) – Create a transportation oversight committee.

SoDakLiberty Stance: Undecided
Prime Sponsors: Rep Mike Verchio (R, Dist 30) and Sen Phil Jensen (R, Dist 33) are the prime sponsors.

This bill would create a Legislative Transportation Oversight Committee. It would consist of four legislators, and will monitor the meetings and actions of the Transportation Commission.

I like the legislature trying to get more oversight in any area. But I would like to hear what is driving this bill.

HB 1188 (SoDakLiberty Posts) – Exempt certain operations of school buses from commercial motor vehicle fees.

SoDakLiberty Stance: Undecided
Prime Sponsors: Rep Steve Westra (R, Dist 13) and Sen David Novstrup (R, Dist 3) are the prime sponsors.

This would be added to the list of vehicles not considered commercial:

(15)    A school bus registered in South Dakota operated under the provisions of § 32-32-13 and in possession of a letter issued by the highway patrol for each event verifying the bus is operated in compliance with § 32-32-13.

House Local Government has 5 bills on Tues Feb 9

24204On Tuesday, February 9, at 10:00 am the SD House Local Government committee will take on 5 bills. This is compiled using the agenda at the time of composing this post. Agendas can and do change!

One way to listen to these meetings live is via the audio links on the Schedule page of the LRC website. While there you can also view the status board for the meetings as they are going on.

HB 1108 (SoDakLiberty Posts) – Revise certain municipal special assessment provisions and to provide for exclusion of territory from municipalities.

SoDakLiberty Stance: Undecided
Prime Sponsors: Rep Tona Rozum (R, Dist 20) and Sen Arthur Rusch (R, Dist 17) are the prime sponsors.

This was deferred from the Feb 4 meeting. Here is what I said about the bill prior to that meeting:

I’m not sure about this one. Specifically Section 1:

    Section 1. That § 9-43-86 be amended to read:
9-43-86. Twenty days after publication of the adopted resolution of necessity, unless the referendum is invoked or unless a written protest is filed with the finance officer signed by the owners of more than fifty-five percent of the frontage of the property to be assessed, the governing body may cause the local improvement to be made, may contract for the improvement, and may levy and collect special assessments as provided in this chapter. Upon a two-thirds vote of the governing body, a protest petition may be denied and the governing body may cause the local improvement to be made.

So now a local government can override the protest of 55% of the owners involved? There would have to be a good reason for that change.

There are other changes in this bill too. Testimony will need to be listened to on this bill.

HB 1117 (SoDakLiberty Posts) – Repeal certain provisions concerning the authorization for the use of other languages in public records or public meetings.

SoDakLiberty Stance: Undecided
Prime Sponsors: Rep Scott Munsterman (R, Dist 7) and Sen Larry Tidemann (R, Dist 7) are the prime sponsors.

Testimony will have to be listened to on this bill in order to see what is driving it.

HB 1119 (SoDakLiberty Posts) – Revise the criteria for incorporation of a new municipality.

SoDakLiberty Stance: Undecided
Prime Sponsors: Rep Thomas Brunner (R, Dist 29) and Sen Bob Ewing (R, Dist 31) are the prime sponsors.

This is a short bill. Here is the entire thing:

Section 1. That § 9-3-1 be amended to read:
9-3-1. No municipality shall may be incorporated which that contains less than one hundred legal residents or less than thirty voters and at least forty-five registered voters. For the purposes of this section, a person is a legal resident in the incorporating municipality if the person actually lives in the incorporating municipality for at least ninety days each year or is an active duty member of the armed forces whose home of record is within the incorporating municipality.

So to incorporate a municipality has to have at least 45 registered voters, instead of 30 voters. A legal resident has to live there at least 90 days of the years. Is this an attempt to prevent RV’ers actions?

HB 1127 (SoDakLiberty Posts) – Revise certain provisions concerning road districts.

SoDakLiberty Stance: Undecided
Prime Sponsors: Rep Jacqueline Sly (R, Dist 33) and Sen Terri Haverly (R, Dist 35) are the prime sponsors.

Another short bill. Here is the entire thing:

Section 1. That § 31-12A-36 be amended to read:
31-12A-36. A contiguous area may be annexed or an area withdrawn from to a road district by:
            (1)    Circulation circulation of an initiating petition for annexation signed by twenty-five percent of the eligible voters in the area to be annexed and twenty-five percent of the eligible voters in the existing district, similar to an initiating petition specified in this chapter; or
            (2)    Circulation of an initiating petition for withdrawal signed by twenty-five percent of the eligible voters in the area to be withdrawn and passage of a resolution therefor by the directors of the road district.

    Upon receipt of an initiating petition and passage of a resolution by the directors finding that the petition is valid, the area shall be annexed if a majority of the eligible voters in the area tobe annexed and a majority of the eligible voters in the existing area vote in favor of the annexation in the same manner as prescribed for creation of a new road district or the area shall be withdrawn if a majority of the eligible voters in the withdrawing area vote in favor of withdrawal in the same manner as prescribed for creation of a new road district.

I’ll listen to testimony to see what is driving the bill.

HB 1131 (SoDakLiberty Posts) – Direct certain vehicle registration fees to counties with unorganized territory.

SoDakLiberty Stance: Undecided
Prime Sponsors: Rep Kevin Killer (D, Dist 27) and Sen Troy Heinert (D, Dist 26) are the prime sponsors.

A way to get more money to certain counties. Here is the verbage that would be added to the statute dealing with the $1 fee that normally goes to the DPS:

If a vehicle is registered pursuant to chapter 32-5 or 32-9 in a county with unorganized territory, the one dollar fee shall be retained by the county and expended for purposes of road safety and construction, reconstruction, and maintenance of roads and bridges in the unorganized portion of the county.

South Dakota political blogging from a libertarian-leaning individual

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