Tag Archives: 2015:HJR1001

SD Dist 6 State House Gen Election: Latterell, H Otten, Rogers, and Hart

SD Legislative District 6
SD Legislative District 6

South Dakota legislative District 6 has  a general election for State Representative.  District 6 is directly south and southwest of Sioux Falls. Towns in District 6 include Harrisburg, Lennox, and Tea. There also appears to be a small piece of Sioux Falls that falls within District 6.

Both incumbent Republicans Rep Isaac Latterell and Rep Herman Otten are seeking reelection. Democrats Kyle Rogers and Clara Hart are seeking the two District 6 House seats. Neither the Republicans or the Democrats had a primary election.

Here is a brief look at all four candidates.  The candidates below are listed in the order they will appear on the general election ballot. I’ve also included the links I could find to help voters learn more about each candidate. For candidates with a legislative history I look at a few pieces of legislation prime sponsored. For candidates with no legislative history I look at the issues I find for them online.

*** It should be noted this is NOT a scorecard. This post only looks at some of the legislative priorities of these candidates. These legislative priorities may or may not have any bearing on how the candidates actually vote on legislation.

Isaac Latterell

Rep Isaac Latterell speaking on the SD House floor. Photo by Ken Santema 2/18/16.
Rep Isaac Latterell speaking on the SD House floor. Photo by Ken Santema 2/18/16.

Rep Isaac Latterell (R, Dist 6) – Incumbent
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LRC: House 2016 2015 2014 2013
SDPB Video: 2014 2012

Since Isaac Latterell is a sitting legislator I will look at legislation prime sponsored by him. In Latterell’s two terms most of his legislation has fallen into two categories: abortion and Article V Convention.

First to look at for Latterell is these three abortion related bills from 2015:

HB 1155 (SoDakLiberty Posts) – Require that information be provided to a pregnant mother whose child tests positive for Down syndrome.

HB 1156 (SoDakLiberty Posts) – Prohibit the performance of abortions due to Down syndrome and to provide a penalty therefor.

HB 1230 (SoDakLiberty Posts) – Affirm the sanctity of human life.

None of these abortion bills were signed into law. But I think they are representative of the types of abortion bills Latterell generally brings forth. HB 1156 would have outright prohibited abortions due to an unborn child being diagnosed with Down syndrome. Latterell withdrew that bill. Instead he tried to get its sister bill HB 1155 passed through the legislature. HB 1155 would have required doctors give certain information about Down syndrome to mothers whose unborn babies have been diagnosed with Down Syndrome. This was a kind of more roundabout way to try preventing Down syndrome related abortions. That bill passed through he House and was then defeated in Senate health. Also from 2015 was HB 1230. HB 1230 was originally a bill to prevent beheading of unborn children during abortions. Technically these types of abortions are not available in SD. HB 1230 was then gutted on the house floor to simply make the following statement: “The State of South Dakota recognizes the sanctity of human life”. In that form it is no longer a bill, it is a resolution. Senate Health resisted the call to hoghouse it back to its original form, and tabled the bill unanimously. Latterell was not able to get any of his abortion bills passed in 2015. But he definitely has abortion at the very top of his legislation priorities.

The other big priority for Latterell is an Article V convention. He has had Article V related legislation for a few years. Here is the example from 2016:

HJR 1002 (SoDakLiberty Posts) – To apply for a Convention of the States under Article V of the Constitution of the United States.

This resolution is technically an application by the state to convene an Article V Convention of the States. Such a convention would allow the states to send delegates. These delegates would be able create potential amendments to the US Constitution. This particular application would have restricted an Article V convention to “proposing amendments to the Constitution of the United States that impose fiscal restraints on the federal government, limit the power and jurisdiction of the federal government, and limit the terms of office for its officials and members of Congress”. This is an issue a lot of conservatives have looked at as a way to reign in the federal government. Opponents of an Article V convention are afraid of a runaway convention. HJR 1002 made it through the House and was then defeated by Senate tax. One very odd part of this bill being brought forth is that an application had been passed in 2015 via HJR 1001 (SoDakLiberty Posts).

Finally it is worth looking at another joint resolution Latterell prime sponsored in 2016:

HJR 1001 (SoDakLiberty Posts) – Proposing and submitting to the electors at the next general election an amendment to Article IV, section 3 of the Constitution of the State of South Dakota, relating to the powers and duties of the Governor.

This bill basically would have changed how US Senate appointments due to a vacancy occur. Currently the Governor would appoint a new US Senator. HJR 1001 tried to change that so the SD Legislature would have to make an appointment from within its own ranks. The resolution failed to get any support in committee and was killed. Latterell is one of the legislators I’ve heard talk about reigning in the power of executive branch in South Dakota. This could be seen as a way for him to try doing so.

Herman Otten

Rep Herman Otten speaking on the SD House floor. Photo by Ken Santema 3/2/16.
Rep Herman Otten speaking on the SD House floor. Photo by Ken Santema 3/2/16.

Rep Herman Otten (R, Dist 6) – Incumbent
Ballotpedia – VoteSmart – OpenStates – SoDakLiberty
LRC: House 2016 2015 2014 2013
SDPB Video: 2014 2012

Herman Otten is seeking reelection for his third term. Since Otten is a sitting legislator I will also look at a few pieces of legislation prime sponsored by him.

First up for Otten is this bill from 2016:

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

Technically this bill goes back to a bill Otten prime sponsored in 2015: HB 1194 (SoDakLiberty Posts). HB 1194 made a state statute for local governments to follow if signs about zoning changes or conditional use permits are to be used. Because of where the code from HB 1194 was placed it only applied to counties, and not municipalities. Otten intended the new statute to apply to municipalities as well. He brought for HB 1100 in 2016 to make sure the intent of last years bill was clear and placed in the proper section of South Dakota’s codified law. This bill does show Otten is willing to go back and fix problems with legislation he has passed in previous years.

Next up for Herman Otten is this bill from 2016:

HB 1101 (SoDakLiberty Posts) – Authorize municipalities to create programs to encourage housing development.

HB 1101 was signed into law and allows municipalities without a development corporation to identify a housing need, and then create a property tax rebate program to assist that type of housing to be built. That would all be done through city ordinances. It isn’t surprising Otten would bring this bill forth. Since Otten’s district is basically in the suburbs of Sioux Falls, these rebates could be used to create housing to help those towns grow in population.

For the last three years Otten has either prime sponsored a House bill or been the House prime sponsor of a Senate bill to handle school boundary changes. Each of these bills has passed and has been built upon the prior bill. Here is what was passed in 2016:

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

 There have been quite a few lawsuits between school districts, particularly in the Sioux Falls area, fighting over property tax base. The 2015 version of the school district boundary change bill, SB 134 (SoDakLiberty Posts), froze all school district boundary changes for one year. Otten  was a member of that task force and was the House prime sponsor of SB 5, which came out of that task force. SB 5 creates a new procedure to initiate a school district boundary change. I will freely admit I don’t understand the legislation too well. But it does show Otten taking a legislative priority of an issue that impacts his district profoundly.

Kyle Rogers

Kyle Rogers, Photo from Rogers' campaign Facebook page.
Kyle Rogers, Photo from Rogers’ campaign Facebook page.

Kyle Rogers (D)
Website – Facebook – Ballotpedia – VoteSmart – SoDakLiberty
SDPB Audio: 2016

Kyle Rogers may not be an incumbent, but he has at least provided a list of issues on his website so potential voters can learn something about his legislative priorities. Here is a brief breakdown of his issues:

  • The South Dakota State Budget. Rogers notes the FY 2017 SD State budget is the 127th balanced budget in the history of the state. He believes such a fiscal tradition should be continued.
  • The people who guarantee our freedoms. Rogers calls out the need to compensate, train, and properly equip the  firefighters, soldiers, and police officers within South Dakota. I thought this was an interesting issue as it isn’t often brought up in legislative races.
  • Election Finance. Rogers believes “No person or company should be able to buy an election”. So he supports Initiated Measure 22 (IM 22). IM 22 is called the South Dakota Government Accountability and Anti-Corruption Act. It is a massive initiated measure that would make a lot of major changes to election finance law in South Dakota.
  • Education. Rogers says “South Dakota needs both higher teacher pay and improved education standards”. It would be interesting to hear what Rogers has to say about Common Core. He believes “Expanded economics, financial literacy, technical skills, and critical thinking courses” should be included within the SD educational system.
  • Unemployment Benefit Reform. Rogers supports social safety nets, but wants to ensure those safety nets are not being taken advantage of. Rogers believes anyone receiving unemployment benefits “should do work for the government in proportion to the unemployment benefits that citizen receives.” He does specify this doesn’t apply to those with disabilities or other reasons they cannot work. It is interesting to see a Democrat take this stance.
  •  Second Amendment Rights. Rogers wants to preserve the American tradition of Second Amendment rights. He also believes “basic common-sense rules” should be implemented so the amount of gun-related death can be reduced.
  • Sex Trafficking. Rogers believes there is more that can be done to reduce sex trafficking in South Dakota.
  • Legalization of Marijuana and Drunk Driving. Rogers explains how legalizing marijuana would hep society and liberties. At the same time he would make certain crimes have harsher punishments if there is intoxication involved. That would include things such as drunk driving.
  • Single-Payer Health Care. Rogers is completely behind single-payer healthcare.
  • Transgender Bathroom Bill(s) and LGBT Rights. Rogers wants to fight to support the rights of all Americans, including those in the LGBT community.

Rogers actually seems to have a left-libertarian streak in him.

Clara Hart

Clara Hart. Photo from Hart's campaign Facebook page.
Clara Hart. Photo from Hart’s campaign Facebook page.

Clara Hart (D)
Website – Facebook – Twitter – Ballotpedia – VoteSmart – SoDakLiberty
SDPB Audio: 2016

Clara Hart has been getting a lot of attention as a rising star within the South Dakota Democrats.  Part of that is probably due to her being from a refugee family in an election year where the refugee debate has gained a lot of attention. She has run for office before.

There is an issues portion to her campaign website with the five following priorities:

  • Education. Hart is dedicated to a long-term solution to education funding. Here is part of what she says “As your representative, I will advocate for a consistent plan to make sure our schools can expect adequate resources over the long term.” This is a stance that many school boards may support, as they don’t like the current uncertainty involved in the states budgetary process.
  • Health Care. Hart supports Medicaid expansion. She believes doing so “will not only reduce the state’s costs for health coverage for all South Dakotans, it will be a significant step toward building healthier communities, increasing emphasis on prevention and chronic condition management, and therefore reducing the cost burdens that come with too many individuals relying on emergency care.”
  • Good Government. Hart would like to do away with “state leaders using our public resources inappropriately.” Hart wants to increase transparency and accountability in how the state of South Dakota utilizes resources.
  • Growing our Local Economies. Here is part of what Hart says in this section: “Long-term growth also depends on investments we make, such as: improving our roads and other public infrastructure; expanding access to resources such as high-speed internet; ensuring adequate funding for public safety and first responders; making sure our schools can prepare our children to succeed in our global economy; and ensuring a high standard of living for our entire workforce through access to quality healthcare.”
  • Clean Energy. Hart believes South Dakota should be investing in wind energy. Doing so Hart believes South Dakota could have “an economic edge and establish South Dakota as a leader in our region on sustainable energy”.

It will be interesting to see if Hart is able to make any headway in this election.

House State Affairs has 5 bills on Fri Feb 19, Article V compact, ABLE accounts, and new pistol permit

20047228On Friday, February 19, at 7:45 am the SD House State Affairs 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 1219 (SoDakLiberty Posts) – Revise certain provisions concerning adverse possession of certain real property.

SoDakLiberty Stance: Undecided
Prime Sponsors: Rep Brian Gosch (R, Dist 32) and Sen Arthur Rusch (R, Dist 17) are the prime sponsors.

I’ll have to listen to testimony on this one. Have no experience with adverse possession.

HB 1224 (SoDakLiberty Posts) – Authorize the Investment Council to enter into an agreement to allow South Dakota residents to participate in an ABLE savings program to support individuals with disabilities.

SoDakLiberty Stance: Undecided
Prime Sponsors: Rep Jeff Partridge (R, Dist 34) and Sen Alan Solano (R, Dist 32) are the prime sponsors.

Here is what the NDSS has to say about ABLE savings accounts:

The ABLE Act amends Section 529 of the Internal Revenue Service Code of 1986 to create tax-free savings accounts for individuals with disabilities. The bill aims to ease financial strains faced by individuals with disabilities by making tax-free savings accounts available to cover qualified expenses such as education, housing and transportation. The bill supplements, but does not supplant, benefits provided through private insurances, the Medicaid program, the supplemental security income program, the beneficiary’s employment and other sources.

An ABLE account may fund a variety of essential expenses for individuals including medical and dental care, education, community based supports, employment training, assistive technology, housing and transportation. The ABLE Act provides individuals with disabilities the same types of flexible savings tools that all other Americans have through college savings accounts, health savings accounts and individual retirement accounts. The legislation also contains a Medicaid pay-back provision when the beneficiary passes away. It eliminates barriers to work and saving by preventing dollars saved through ABLE accounts from counting against an individual’s eligibility for any federal benefits program.

The NDSS summarizes this bill as such: Would make ABLE accounts available to SD residents through partnerships with other states.

HB 1227 (SoDakLiberty Posts) – Establish the South Dakota Government Accountability Committee.

SoDakLiberty Stance: Undecided
Prime Sponsors: Rep Paula Hawks (D, Dist 9) and Sen Scott Parsley (D, Dist 8) are the prime sponsors.

This would form a South Dakota Government Accountability Committee (SDGAC). This is something the state had back in the 70’s, and was apparently ended because it was being used politically against people.

I think this is a good idea to try again. But I won’t bother blogging about it right now because it has almost no chance of making headway.

HB 1240 (SoDakLiberty Posts) – Adopt a compact for a balanced budget and to declare an emergency.

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

This is model legislation for an Article V Convention to balance the federal budget. The actual model legislation can be downloaded here.

So what is this compact? Here is what the Compact for America website says:

Q1. What is the Compact for a Balanced Budget?

A1. An agreement among the states to advance and ratify a federal balanced budget amendment before April 12, 2021 through a 24 hour Article V convention. For a 30 second briefing on the effort,click here. In under two minutes, CEO Chip DeMoss explains the essence of the Balanced Budget Compact effort in this podcast.Here are six bullet points that capture the essence of the Compact

This is bad. For one thing, the State already submitted a petition last year calling for an Article V convention via HJR 1001 (SoDakLiberty Posts) and tried to limit the powers of the delegates in the convention via HB 1069 (SoDakLiberty Posts).

I thought we were done with this. Instead of doing a post about why this is a bad idea I will point to the blog post I wrote a year ago.

All I will add to my previous post about the Article V convention is that this compact idea is bad. I already think the state is in too many compacts. So now there is a proposal to get into another??

BILLS FOR POSSIBLE ACTION WHICH HAVE HAD PRIOR HEARING.

HB 1190 (SoDakLiberty Posts) – Enhance customer convenience in firearms transactions, improve public safety, and provide for the issuance of an additional concealed pistol permit.

SoDakLiberty Stance: Undecided
Prime Sponsors: Rep Mark Mickelson (R, Dist 13) and Sen Arthur Rusch (R, Dist 17) are the prime sponsors.

This was deferred from the Feb 17 meeting. Here is what I wrote prior to that meeting:

This started out as a hoghouse vehicle bill when taken up by the committee last week. It was an empty bill waiting for content.

That content was added. Below I have the content that was filled into the bill.

Rep Mickelson brought this bill.

This would basically create a new concealed carry permit called a “gold card concealed weapon permit”, this would be in addition to the current concealed carry permit and enhanced concealed carry permit.

Here are some quick facts about the permit:

  • Fingerprinting would be necessary to get the permit
  • The fee would be $60 to get the permit
  • NICS background check at the beginning of the process.
  • This permit would last for 5 years
  • This permit would allow a purchaser to buy a firearm without a background check. This is really important at gun shows where that may not be possible.
  • This permit also allows for periodic NICS background checks on all gold card permit holders.
  • This would cost about $40,000 in one-time costs to implement.

23 other states have similar laws. Federal law does allow for a mechanism to bypass a NICS background check with a program such as this in place.

Section 1. That § 23-7-8 be amended to read:

23-7-8. The application for a permit to carry a concealed pistolor an, enhanced permit to carry a concealed pistol, or a gold card permit to carry a concealed pistol shall be filed either electronically or in triplicate on a form prescribed by the secretary of state. The application shall require the applicant’s complete name, address, occupation, place and date of birth,country of citizenship, physical description, a statement that the applicant has never pled guilty to, nolo contendere to, or been convicted of a crime of violence, a sworn statement that the information on the application is true and correct, and the applicant’s signature. If the applicant is not a United States citizen, the application shall require any alien or admission number issued by the United States Bureau of Immigration and Customs Enforcement. If filed in triplicate, the original shall be delivered to the applicant as the temporary permit, the duplicate shall within seven days be sent by first class mail to the secretary of state who shall issue the official permit, and the triplicate shall be preserved for four five years by the authority issuing the permit. If the application is filed electronically, two copies shall be made and each shall be signed by the applicant. One copy shall be delivered to the applicant as the temporary permit, and the other copy shall be preserved for four five years by the authority issuing the permit.

Section 2. That § 23-7-8.1 be amended to read:

23-7-8.1. The secretary of state shall prescribe the form of the permit to carry a concealed pistol and, the form of the enhanced permit to carry a concealed pistol, and the form of the gold card permit to carry a concealed pistol pursuant to § 23-7-8. Each permit shall list the applicant’s name, address,and the expiration date, and the issuance date of the permit. The enhanced permit to carry a concealed pistol must clearly designate that the permit is enhanced and the gold card permit must clearly designate that it is a gold card permit to carry a concealed pistol. The holder of a permit may carry a concealed pistol anywhere in South Dakota except in any licensed on-sale malt beverage or alcoholic beverage establishment that derives over one-half of its total income from the sale of malt or alcoholic beverages. Nothing in this section prevents law enforcement officers, parole agents, security guards employed on the premises, and other public officials with the written permission of the sheriff from carrying concealed weapons in the performance of their duties or prevents home or business owners from carrying concealed weapons on their property pursuant to § 22-14-11.

Section 3. That § 23-7-54 be amended to read:

23-7-54. The sheriff shall retain the application and other documents until the sheriff receives the results of the background checks required pursuant to § 23-7-53. Within seven days following receipt of a confirmation that the applicant passed each criminal background check required pursuant to this section and § 23-7-53, the sheriff shall file the application with the secretary of state pursuant to § 23-7-8.

    If the applicant submits an application pursuant to § 23-7-53, meets the requirements of § 23-7-7.1, is not otherwise prohibited by state law, 18 U.S.C. 922(g) as amended to October 26, 2005, or18 U.S.C. 922(n) as amended to October 26, 2005, from receiving, possessing, or transporting a firearm,passes the required fingerprint background check, and passes a National Instant Criminal Background Check, the sheriff of the county where the applicant submitted the application shall, within thirty days of application, issue the applicant a temporary enhanced permit to carry a concealed pistol. The temporary permit must clearly designate that the permit is enhanced.

Section 4. That § 23-7-57 be amended to read:

23-7-57. Unless otherwise specified, the references, rights, and responsibilities in this chapter related to a permit to carry a concealed pistol also apply to an enhanced permit to carry a concealed pistol and a gold card permit to carry a concealed pistol.

Section 5. That § 25-10-24 be amended to read:

25-10-24. The court may require the defendant to surrender any dangerous weapon or any concealed pistol permit issued under 23-7 in his the defendant’s possession to local law enforcement.

Section 6. That § 23-7-8.9 be amended to read:

23-7-8.9. The provisions of §§ 23-7-8.6 to 23-7-8.9, inclusive, do specifically prohibit any law enforcement officer from retaining any notes, data, or pieces of information, either collectively or individually, unless the retention of such notes, data, or pieces of information is pertinent to a specific ongoing investigation or prosecution. Access by law enforcement to information necessary to perform a periodic National Instant Criminal Background Check of gold card or enhanced pistol permit holders under section 15 of this Act is authorized.

Section 7. That chapter 23-7 be amended by adding a NEW SECTION to read:

    An applicant may submit an application to the sheriff of the county in which the applicant resides for a gold card permit to carry a concealed pistol. The application shall include:
            (1)    The application for the gold card permit to carry a concealed pistol;
            (2)    A copy of the applicant’s fingerprints for submission to the Federal Bureau of Investigation, and any governmental agency or entity authorized to receive such information, for a state, national, and international criminal history background check;
            (3)    An authorization to run a fingerprint background check;
            (4)    A separate payment for the cost of processing the fingerprint background check; and

            (5)    A separate application fee of sixty dollars for the gold card permit to carry a concealed pistol which shall be distributed fifty percent to the sheriff and fifty percent to the secretary of state to be used by the secretary of state to administer the concealed carry program.

    The sheriff shall forward the copy of the applicant’s fingerprints, the applicant’s authorization for processing a fingerprint background check, and the payment for the fingerprint background check to the Division of Criminal Investigation for processing.
Section 8. That chapter 23-7 be amended by adding a NEW SECTION to read:

    The sheriff shall retain the application and other documents until the sheriff receives the results of the background checks required pursuant to section 7 of this Act. Within seven days followingreceipt of a confirmation that the applicant passed each criminal background check required pursuant to this section and section 7 of this Act, the sheriff shall file the application with the secretary of state pursuant to § 23-7-8.

    If the applicant submits an application pursuant to section 1 of this Act, meets the requirements of § 23-7-7.1, is not otherwise prohibited by state law, 18 U.S.C. 922(g) as amended to October 26, 2005, or 18 U.S.C. 922(n) as amended to October 26, 2005, from receiving, possessing, or transporting a firearm, passes the required fingerprint background check, and passes a National Instant Criminal Background Check, the sheriff of the county of the application shall, within thirty days of application, issue the applicant a temporary gold card permit to carry a concealed pistol. The temporary permit must clearly designate that the permit is a gold card permit.
Section 9. That chapter 23-7 be amended by adding a NEW SECTION to read:
    The holder of the gold card permit to carry a concealed pistol may renew the permit through the sheriff of the county where the holder resides, no earlier than ninety days prior to the expiration of the permit. The holder shall pay a thirty dollar renewal fee and pass a National Instant Criminal Background Check. The renewal fee shall be distributed fifty percent to the sheriff and fifty percent to the secretary of state to be used by the secretary of state to administer the concealed carry program.
Section 10. That chapter 23-7 be amended by adding a NEW SECTION to read:
    The gold card permit to carry a concealed pistol is valid for a period of five years from the date of issuance.
Section 11. That chapter 23-7 be amended by adding a NEW SECTION to read:
    A gold card permit to carry a concealed pistol or an enhanced permit to carry a concealed pistol is automatically revoked upon failure to maintain the requirements under § 23-7-7.1 or if the gold card or enhanced permit holder becomes prohibited by state law, 18 U.S.C. 922(g) as amended to October 26, 2005, or 18 U.S.C. 922(n) as amended to October 26, 2005, from receiving, possessing, or transporting a firearm.
    Upon such occurrence, the permit holder shall immediately return the gold card or enhanced concealed pistol permit to the county sheriff of the permit holder’s county of residence. A county sheriff, judge, or state’s attorney, upon learning that a permit holder is ineligible for a gold card or enhanced permit, shall send notice to the permit holder that the permit has been revoked, the reason for the revocation, the right of the permit holder to appeal, and that the permit holder must return the gold card or enhanced permit to the county sheriff of the permit holder’s county of residence. Notice shall also be provided to the secretary of state and the county sheriff in the permit holder’s county of residence.
    The revocation of a gold card or enhanced concealed pistol permit may be appealed pursuant to chapter 1-26.
Section 12. That chapter 23-7 be amended by adding a NEW SECTION to read:
    It is a Class 2 misdemeanor for anyone that is ineligible to possess a gold card or enhanced concealed pistol permit to possess or present a revoked gold card or enhanced concealed pistol permit.
    Section 13. That chapter 23-7 be amended by adding a NEW SECTION to read:
    If any person is convicted of any offense which results in the automatic revocation of a gold card or enhanced permit to carry a concealed pistol under this chapter, the court entering the conviction shall require the surrender to the court of all gold card or enhanced concealed pistol permits held by the person convicted. The court shall forward all gold card and enhanced concealed pistol permits to the sheriff of the defendant’s county of residence.
Section 14. That chapter 23-7 be amended by adding a NEW SECTION to read:
    It is a Class 2 misdemeanor for a person to fail or refuse to surrender to the county sheriff of the person’s county of residence, upon lawful demand, a gold card or enhanced permit to carry a concealed pistol that has been revoked. If a person fails to return a gold card or enhanced permit to the sheriff of the person’s county of residence after lawful demand, the sheriff may direct a law enforcement officer to secure its possession and return. The law enforcement officer shall receive ten dollars and fifty cents plus mileage, at a rate established by the State Board of Finance, to be paid by the violator. Failure to pay the fee and mileage is a Class 2 misdemeanor.
Section 15. That chapter 23-7 be amended by adding a NEW SECTION to read:

    Law enforcement may periodically perform a National Instant Criminal Background Check of gold card or enhanced concealed pistol permit holders for the purposes of determining whether the permit holder remains eligible for the permit under § 23-7-7.1, 18 U.S.C. 922(g) as amended to October 26, 2005, and 18 U.S.C. 922(n) as amended to October 26, 2005.

    Section 16. The Act is effective January 1, 2017.

A look at the South Dakota 2015 Freedom Index

Earlier this week the South Dakota Freedom Coalition released the South Dakota 2015 Freedom Index (click the link to download as PDF). Freedom is an obvious topic for me, so I thought it would be worthy to look at this years freedom index bill by bill. The index scores ten votes for the SD State Senate and SD State House. Eight of the votes are the same for each chamber. There are also two votes that are specific to each chamber.

View the South Dakota 2015 Freedom Index PDF to see what the SD Freedom Coalition has to say. Below are my comments about each vote.

SD House votes

SD 2015 Freedom Index House votes.
SD 2015 Freedom Index House votes.

Vote 1 – Constitutional Convention – HJR 1001 –Enrolled –  SoDakLiberty Posts – Scored for both houses, Nay vote is a + on the index.

I believe a Constitutional Convention is just a bad idea all around. This particular application for a Constitutional Convention is being called for a balanced budget amendment. In my research on an Article V Convention I have found nothing to make me believe such a convention can be limited to a single topic. More likely the convention would convene with a series of proposed amendments coming from various political leanings. I could easily see an amendment coming out of the convention making healthcare a right that must be paid for by the taxpayers or an amendment saying corporations are not people. Those are already being proposed by progressive groups that support a constitutional convention. And as to the Balanced Budget Amendment proposed, does anyone really think the federal government will reign itself in, especially when the amendment includes an ambiguous “national emergency” clause.

Unfortunately HJR 1001 passed, meaning SD has officially submitted an application for an Article V convention. The legislators that voted against the resolution should be saluted for trying to protect the US Constitution from political whims. The pluses those legislators earned on this index are well deserved!

Vote 2 – Limit Authority of Delegates to a Constitutional
Convention – HB 1069 –Signed by Governor – SoDakLiberty Posts – Scored for both houses, Nay vote is a + on the index.

HB 1069 goes along with HJR 1001 highlighted in vote 1. This bill attempts to keep any delegate sent to a Constitutional Convention in line by imposing a fine of up to $5,000 for going against their orders. Since the actual Constitutional Convention is not likely to happen in South Dakota’s jurisdiction I don’t believe such a civil penalty could be imposed. But even if the fine could be imposed I don’t think someone thinking they were doing the right thing would be deterred. This particular bill did nothing but give false assurances in the event of a Constitutional Convention.

Unfortunately the bill passed both houses and is now in Chapter 2-15 of SD codified law.

Vote 3 – Tax Increase for Municipalities – SB 135 –Deferred to the 41st legislative day – SoDakLiberty Posts – Scored for both houses, Nay vote is a + on the index.

SB 135 made it through the Senate. It was then killed in the House State Affairs Committee. A smokeout forced it out of committee, but it failed the vote needed to actually place it on the floor calendar. This one was close! The bill was being pitched as a local control bill. I never thought the bill had a chance of passing with so many other massive tax and fee increases being passed in 2015. Plus, many opponents of the bill thought it was written specifically to allow taxes to be raised in municipalities in a way that would allow favors to be handed out (I tend to agree after reading the bill again).

Luckily the smoke-out attempt was not successful. I do expect to see this again in the 2016 legislative session.

Vote 4 – Right to Keep and Bear Arms – HB 1116 – Deferred to the 41st legislative day – SoDakLiberty Posts – Scored for SD House only, Yea vote is a + on the index.

This was a true constitutional carry bill that would have basically removed the penalties from anyone that wishes to carry a concealed handgun without getting permission from the state. Personally I think this bill should have passed. Using a right should never involve getting permission from the state. What killed the bill was the weak-skinned legislators that got tired of the constant calls and emails from people lobbying for this bill.

The bill passed the House, but was killed in the Senate Judiciary committee.

Vote 5 – Abolish US Dept. of Education – HCR 1003 – Enrolled – SoDakLiberty Posts – Scored for both houses, Yea vote is a + on the index.

Getting rid of the massive bureaucracy known as the Federal Department of Education would allow valuable tax dollars to actually be spent on education. I would think that anyone who actually cares about teachers and public education would want to get rid of this misguided bureaucracy. Education works best when its control is as local as possible. Ironically those pushing to keep the federal Dept of Ed are ignoring the stats showing that the massive bureaucracy has done nothing to improve education in the US.

The resolution passed both Houses. There was a noticeable number of Republicans that did not support the resolution.

Vote 6 – Petition Reform – SB 69 – Signed by Governor – SoDakLiberty Posts – Scored for both houses, Nay vote is a + on the index.

This bill was so bad it became involved in a lawsuit (full disclosure, I am a plaintiff in the lawsuit) and has now been referred to the voters as Referred Law 19. My summary of how the bill kept going downhill can be read here. This bill started out as a good idea, with some tweaks that needed to be made (most notably in the area of newly-formed parties). Instead of fixing the bill, Republican leadership took it upon themselves to make SB69 a bill that would further restrict any ballot access to those that might wish to oppose them.  This is a direct assault by SD Republican leadership on the rights of citizens to petition the government. It is also a top issue I will be looking at in the 2016 election.

The bill actually failed on the House floor. But after some prodding from leadership it passed a reconsideration. Any legislator that voted Aye on the bill should be ashamed of their action.

Vote 7 – SD Athletics Transgender Policy – HB 1195 – Deferred to the 41st legislative day – SoDakLiberty Posts – Scored for both houses, Yea vote is a + on the index.

This was an interesting bill to watch throughout the session. I actually thought it would pass. The South Dakota High School Activities Association (SDHSAA) is an odd organization because it was created through legislation, but thinks of itself as being its own entity. There are other areas I probably would have cracked down on the SDHSAA for, but this was not an unexpected place for the the legislature to  start taking an interest in the SDHSAA.

Before going on I will admit I have no problem with transgender individuals. I really don’t care if a boy identifies as feminine or a girl identifies as masculine. Actually I don’t think most people do care. I also do not care if there are coed locker rooms… But that is where most of society (especially in SD) seems to differ from me.

The SDHSAA transgender policy would allow a person of one sex to share locker rooms with people of the opposite sex. I will share an approximation of a conversation I heard at a Democrat fair booth this summer between a Democrat voter and a Democrat booth worker:

Democrat voter: I heard the Republicans were being mean to the poor transgender children.

Democrat booth worker: That is right! They won’t let transgender children play in the sport that is appropriate for them! And worse they won’t let them use the same locker room as the rest of the team!

Democrat voter: You mean putting two sexes in the same locker room?

Democrat booth worker: Yes, that is discrimination to keep a transgender student out of the locker room they identify with!

Democrat voter: Even if they have the parts of the opposite sex???

After overhearing this conversation I pulled the Democrat voter to the side. The Democrat voter admitted she didn’t realize the policy would allow sharing of locker rooms, bathrooms, or shower facilities. She said she is all for equal treatment, but she doesn’t want a “ding-a-ling” in her granddaughters locker room. In the future she said she might rethink supporting Democrat talking points without doing more research (I wish everyone would do that regardless of party).

I think if the Democrats try to make this an issue in 2016 they will lose with the older voters that are more likely to vote than younger liberal voters. I also expect to see SDHSAA become an issue in the 2016 legislative session. It should make for interesting blogging.

Vote 8 – End Common Core Participation – HB 1223 – Defeated on House floor – SoDakLiberty Posts – Scored for SD House only, Yea vote is a + on the index.

This particular bill is only being scored for the House, because it never passed that chamber. The long version of this bills history can be read here. Cliff notes version: the bill was tabled in Education committee to stop any debate about Common Core;  Rep Dan Kaiser (R, Dist 3) led a smoke-out on the bill to force it onto the floor; the committee sent it to the floor with a Do Not Pass; the floor failed the vote to put it on the calendar. That basically means the SD House floor voted NOT to debate Common Core. With how hot Common Core has become as a topic many of us felt this bill deserved to be debated on the House floor. Hopefully in 2016 the House floor won’t chicken out of having a debate on such a hot topic.

Vote 9 – Recognize Armenian Genocide – HCR 1009 – Defeated on Senate floor – SoDakLiberty Posts – Scored for both houses, Yea vote is a + on the index.

This resolution easily passed the House, but was killed on the Senate floor with a Table motion. It seemed odd the sudden move to kill the resolution with no debate; especially when the resolution has to do with a genocide. The resolution seemed to have some backroom politics going on…

Vote 10 – Big Tax Increase – SB 1 – Signed by Governor – SoDakLiberty Posts – Scored for both houses, Nay vote is a + on the index.

I actually published a post looking at every component of this massive tax and fee increase. There are quite a few legislators proud to have passed this massive tax increase. What bothers me most about the bill is that no actual attempts were made to get the infrastructure funding from other places in the budget that could be cut. Somehow I feel education funding increase will be treated the same in 2016. The legislature will use SB1 as a model to increase a number of taxes and/or fees without looking at other areas in the budget to cut.

SD Senate votes

South Dakota 2015 Freedom Index
South Dakota 2015 Freedom Index

Votes 1-3 – Use House votes from above

Vote 4 – Strengthen Relationship with Communist China – SCR 5 – Enrolled – SoDakLiberty Posts – Scored for SD Senate only, Nay vote is a + on the index.

This was an odd resolution asking for SD and local governments to partner with China. I will admit I didn’t really care one way or the other about the resolution. But considering how anti-freedom the People’s Republic of China is I wonder if it is a resolution that should have passed.

Votes 5-7 – Use House votes from above

Vote 8 – Youth Minimum Wage – SB 177 – Signed by Governor – SoDakLiberty Posts – Scored for SD Senate only, Nay vote is a + on the index.

SB 177 was an attempt to change part of the new minimum wage passed by the voters of SD in 2014. It is also a bill that put legislators in a position where they really had to think about their vote. On one hand SB 177 tries to fix a portion of the minimum wage law passed by voters in 2014. It is an attempt to prevent teen labor from being removed out of the labor pool. Actually I don’t think the new minimum wage removed teens from the labor pool as much as it put more teen labor into the grey market, where no payroll taxes are paid. But on the other hand legislators had to think hard about this vote because the voters of SD had just passed the new minimum wage and any attempt to change that law could be seen as trying to go against the will of the people. I guess it will be found out next year which way the voters of SD see SB177 because it will be sent to the voters as Referred Law 20.

Votes 9-10 – Use House votes from above

 

A look at the 8 joint resolutions taken up in the 2015 SD legislature

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

So far I’ve looked at the  36 Commemorations passed by the SD House, the 29 Commemorations passed by the SD Senate, and the 17 Concurrent Resolutions that were taken up by the SD legislature during the 2015 session. It is time to look at the 6 Joint Resolutions submitted to the SD House and the 2 Joint Resolutions submitted to the SD Senate during the 2015 SD legislative session.

A joint resolution is much closer to an actual piece of legislation than a commemoration or a Concurrent Resolution. Here is the definition of a joint resolution from the Joint Rules manual:

A joint resolution contains matters of legislation only. A joint resolution may be used to refer a matter for referendum to the people, to place a constitutional amendment on the ballot at the next general election, to ratify proposed amendments to the United States Constitution, or to grant a water right pursuant to § 46-5-20.1;

Basically a joint resolution is something that should be paid attention to with the same scrutiny as a bill because it actually has an action.

Here are the eight joint resolutions submitted this year and what their final disposition was. I’ve added a thought or two for each resolution. But I didn’t spend a lot of time looking at these, for those that actually passed there will likely be future posts dealing with them.

HJR 1001 – SoDakLiberty Posts – Making formal application to Congress to call an Article V convention of the states for the sole purpose of proposing a federal balanced budget amendment.

Rep Jim Stalzer (R, Dist 11) and Sen Ernie Otten (R, Dist 6) are the prime sponsors. This JR passed House State Affairs 9-3, the House floor 39-30, and Senate State Affairs 5-3. It then failed on the Senate floor by a vote of 17-15 (19 aye votes were needed). It then passed a vote to reconsider 19-14 and passed the Senate floor 19-13. So now South Dakota has officially called for an Article V convention.

My House State Affairs committee post for Jan 26 explains why I opposed this joint resolution. But basically an Article V convention has far more risks than potential gains. Well, if an Article V convention does become a reality it should make for some interesting blogging (I had to find some sort of bright side!).

HJR 1002 – SoDakLiberty PostsMaking a formal application to the President of the United States, that the President grant a presidential pardon to Peter L. Larson.

Rep Mike Verchio (R, Dist 30) and Sen Bruce Rampelberg (R, Dist 30) are the prime sponsors. The only resistance to this joint resolution was two nay votes on the House floor.

I do agree that Mr Larson was treated unfairly by the federal government. But I do wonder if this should have been done as a concurrent resolution. I also feel there are numerous cases of SD citizens being treated unfairly by the federal government. I wish something could be done to help all of the SD citizens instead of singling one out.

HJR 1003 – SoDakLiberty Posts – Proposing and submitting to the electors at the next general election an amendment to Article XIV of the Constitution of the State of South Dakota, relating to the authority of the Board of Regents.

Rep Mark Mickelson (R, Dist 13)  and Sen Tim Rave (R, Dist 25) are the prime sponsors. The only opposition to this joint resolution was one nay vote on the House floor.

This resolution would put the four votechs directly under the control of the legislature, if it passes on the ballot. I think this idea has some merits, mostly because of the odd way tech schools are attached to K-12 education but also interact (poorly) with the Board of Regents. But I also fear this may cause a large expansion of state government to implement if the Constitutional Amendment passes. It should be an interesting amendment to blog about during the next election.

But I don’t really think this was as much about tech schools, as I think it was about building political capital for Rep Mickelson. It was quite obvious that Mickelson made tech schools a top issue in the 2015 legislative session. I believe he may be using this as a means to propel a possible Governor run in 2018. All he needs to do is keep promoting issues such as this over the next few years to build his political capital.

HJR 1004 – SoDakLiberty PostsProposing and submitting to the electors at the next general election an amendment to Article III, section 5 of the Constitution of the State of South Dakota, relating to legislative redistricting.

Rep Peggy Gibson (D, Dist 22) and Sen Bernie Hunhoff (D, Dist 18) are the prime sponsors. It made no traction and was killed in House State Affairs by deferring it to the 41st legislative day. The vote to defer it was 10-2.

This was an interesting idea to change the redistricting process in SD. The bipartisan redistricting committee formed by this amendment would not have included any current state legislators. I think this might have been a good change. Senate State Affairs shooting this idea down without letting it be heard on the House floor makes it look like the party in charge wants to keep redistricting things in a way that keeps them in charge.

I do think there were possible problems with the joint resolution. But at the same time I wish the idea had been allowed to be debated on the House floor and some possible problems with the amendment could be worked out. It really makes the Republicans in power look petty that they do not want a bipartisan redistricting commission.

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

Rep Kevin Killer (D, Dist 27) and Sen Jim Bradford (D, Dist 27) are the prime sponsors. This bill passed House State Affairs 12-0, the House floor 64-5, Senate State Affairs 8-0, and finally the Senate floor 32-3. The voters of Shannon County already decided they wanted to change the name to Oglala Lakota County. This resolution was just a formality.

In the future this type of resolution will no longer be needed if there is a county name change. SB 66 (SoDakLiberty Posts) was signed into law by Governor Daugaard earlier this month. With SB 66 signed into law, now the county rename process is streamlined and no longer needs to go through the legislature. More importantly, now if the voters of a county choose to rename their county the costs of that renaming process must be paid for by that county. I believe the little opposition to Shannon County being renamed was because it will cost the state money to implement the change.

HJR 1006 – SoDakLiberty PostsTo apply for a Convention of the States under Article V of the Constitution of the United States.

Rep Isaac Latterell (R, Dist 6) and Sen Dan Lederman (R, Dist 16) are the prime sponsors. This was killed by the House State Affairs, which it sent it to the 41st legislative day by a vote of 10-2. Since HJR 1001 had already passed the House State Affairs committee this bill really wasn’t necessary. Either joint resolution could have passed and it would do the same thing. I have a feeling some people will be sorely surprised when they find out the single topic application submitted in HJR 1001 won’t keep a convention to a single topic.

SJR 1SoDakLiberty Posts – Making formal application to Congress to call an Article V convention of the states for the sole purpose of proposing a federal balanced budget amendment.

Sen Ernie Otten (R, Dist 6) and Rep Jim Stalzer (R, Dist 11) are the prime sponsors. This was tabled by Senate State Affairs. It was not needed because the House version of the joint resolution had been passed.

SJR 2 SoDakLiberty Posts – Proposing and submitting to the electors at the next general election a new section to Article XI of the Constitution of the State of South Dakota, relating to the imposition of an education franchise tax on profits of corporations and dedication of the revenue therefrom.

Sen Bernie Hunhoff (D, Dist 18) and Rep Thomas Brunner (R, Dist 29). This is a joint resolution that was thankfully tabled 7-2 by Senate State Affairs. This would have referred to the voters an “education franchise tax by imposing a tax on the profits of corporations doing business in South Dakota”. One thing SD does not need is a corporate income tax.

Bills on the SD Senate floor for Tues Feb 17

SD Senate floor. Photo by Ken Santema 02/10/15.
SD Senate floor. Photo by Ken Santema 02/10/15.

Here are the bills on the SD Senate floor for Tuesday, February 17, which begins at 2:00 PM central.

Today’s post is especially long. Part of that is because the Senate keeps deferring House Bills. The other reason is I missed some committee posts last week, so there are some appropriation bills that took extra space.

MOTIONS AND RESOLUTIONS

SCR 5 – SoDakLiberty Posts – Supporting a stronger South Dakota-China relationship.

* Deferred from last Thursday!

I really don’t care about this one. At least it doesn’t support TPP.

SECOND READING OF CONSENT CALENDAR ITEMS

Reappointment of: Roger P. Novotny South Dakota Lottery Commission

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

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

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

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

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

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

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

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

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

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.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 128 – SoDakLiberty Posts – Revise certain provisions concerning the general requirements that vehicle owners must satisfy before applying for military plates.

This bill was amended in Senate Transportation and pass that committee 7-0. Current law says the person has to have a valid SD Drivers license. This bill would add the South Dakota nondriver identification card.

SB 90 – SoDakLiberty Posts – Require school districts to provide veterans a preference in employment.

This passed Senate Ed 5-0. Really? When there is a teacher shortage we are worried about getting veterans first in line? Is it a problem that veterans are not getting an interview when applying for a teaching position? (and I say that as a veteran).

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

This bill passed Senate Ed 7-0. It was then sent back to Senate Ed where it was amended and failed to pass by a vote of 3-2 (4 votes needed to pass).  The committee then reconsidered and it passed 5-0. The biggest change in this seems to be adding language for the “final plan for detachment”. I am too far out of my knowledge of area to comment further on this bill.

SB 192 – 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. I don’t see a problem with this bill.

** Interesting side-note. I had the opportunity to meet the Sergeant-at-arms in both houses last week. Apparently it makes leadership nervous when someone is going around taking constant pictures from the gallery. They send the sergeant up to find out who it is. Both sergeants were very nice and I had a nice conversation with them.

SB 170 – SoDakLiberty Posts – Increase legislator salary.

This passed Senate Appropriations 6-2. This bill would raise the legislator base pay from $6,000 to $10,000. This is a pay raise I do feel is in order. The increase in pay will make it easier for a variety of citizens to actually serve in Pierre. It also appears the pay raise would not take effect until the current term of office ends. So this pay raise would take effect in 2017.

SB 173 – SoDakLiberty Posts – Make appropriations from the water and environment fund, the water pollution control revolving fund subfund, and the drinking water revolving fund subfund for various water and environmental purposes, to revise the state water plan, to increase the authority of the South Dakota Board of Water and Natural Resources to make consolidated water facilities construction program awards, and to declare an emergency.

This bill passed Senate Appropriations 8-0. This actually has quite a few appropriations in it from the South Dakota water and environment fund. I was unable to do a committee posting when this his appropriations, so there is the long list of appropriations in this bill:

  • $7,700,000 to provide funds to the South Dakota Board of Water and Natural Resources for the purpose of providing a no-interest loan to local project sponsors as an advance on federal funds for the construction of facilities included in the Lewis and Clark Rural Water System
  • $250,000 to provide funds to the South Dakota Board of Water and Natural Resources for the purpose of providing grants to state and local project sponsors for hydrology and water management studies to assess, model, and quantify the state’s surface water and groundwater resources.
  • $16,500,000 to the South Dakota Board of Water and Natural Resources for the purpose of providing grants and loans to project sponsors under the consolidated water facilities construction program
  • $4,000,000  to the city of Clark, for the design and construction of a waste water treatment facility, a sanitary sewer interceptor, and sewer main.
  • $3,000,000 to the Big Sioux Community Water System, for the design and construction of water lines and a pump station to interconnect with the city of Madison and the Minnehaha Community Water Corporation.
  • $1,800,000 to the Minnehaha Community Water Corporation, for the design and construction of water lines to provide capacity to interconnect with the Big Sioux Community Water System and the city of Madison.
  • An increase from $1,000,000 to $2,000,000 to any project in the state water facilities plan without specific authorization of the Legislature.
  • $1,300,000 to the South Dakota Board of Water and Natural Resources for the purpose of providing grants and loans to project sponsors under the solid waste management program
  • $1,000,000 to the South Dakota Board of Water and Natural Resources for the purpose of providing grants and loans to project sponsors for the construction, remediation, enlargement, closure, or upgrade of regional landfills.
  • $1,000,000 to the South Dakota Board of Water and Natural Resources for the purpose of providing water quality grants under the state water pollution control revolving fund program
  • $150,000 to the South Dakota Board of Water and Natural Resources for the purpose of contracting for the preparation of applications and administration of clean water state revolving fund loans under the state water pollution control revolving fund program
  • $150,000 to the South Dakota Board of Water and Natural Resources for the purpose of contracting for the preparation of applications and administration of drinking water state revolving fund loans under the state drinking water revolving fund program
  • $250,000 to the South Dakota Board of Water and Natural Resources for the purpose of providing grants to very small community water systems to address drinking water compliance and public health issues.
  • $200,000 to the South Dakota Board of Water and Natural Resources for the purpose of providing small system technical assistance set-aside grants to project sponsors under the state drinking water revolving fund program

SB 178 – SoDakLiberty Posts – Revise certain programs and authorize certain projects in the Unified Judicial System and to make an appropriation therefor.

This bill passed Senate Appropriations 8-0. This bill appropriates $500,000 from the Unified Judicial System court automation fund to the Unified Judicial System for the purpose of providing incentive payments to attorneys participating in the rural attorney assistance program. The bill also increases the number of attorneys that can participate in the program from 16 to 32. The bill also has an appropriation of $300,000 for renovating the Supreme Court law library in the state capitol building. Another $100,000 is appropriated to award grants to counties for projects related to the improvement of courthouse security. Then another $400,000 to help address the negative cash balance in the law enforcement officers training fund.

Is it just me, or is more being done to address lawyer shortages than teacher shortages?

SB 179 – SoDakLiberty Posts – Revise certain provisions relating to record search fees in the Unified Judicial System.

This passed Senate Appropriations 7-1. This bill appears to increase the fee from $15 to $20. That extra $5 would go directly to the law enforcement officers’ training fund.

SB 183 – SoDakLiberty Posts – Revise the voting requirements regarding the issuance of bonds by public bodies and capital outlay certificates by school districts.

* Deferred from last Thursday!

This bill passed Senate Local Government 4-3. This would drop the requirement of sixty percent in favor of issuing a bond down to fifty-five percent. This bill appears to be trying to make it easier to get bonds passed.

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

* Deferred from last Thursday!

This passed Senate Tax 4-3, after failing a 3-3 vote. I really haven’t looked into this one.

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

* Deferred again last Thursday!

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

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

* Deferred again last Thursday!

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

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

* Deferred again last Thursday!

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.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HJR 1001 – SoDakLiberty Posts – Making formal application to Congress to call an Article V convention of the states for the sole purpose of proposing a federal balanced budget amendment.

This bill died last week, and I wish it had stayed dead. On Weds of last week a motion to reconsider passed and the bill will be debated and voted upon again. Here is what I said the first time it came up on the Senate floor:

I really hoped this would die in the Senate State Affairs committee. This bill passed House State Affairs 9-3 and the House floor 39-30. It then eeked through Senate State Affairs 5-3. I am outright opposed to this bill and its sister bill HB 1069. My House State Affairs committee post for Jan 26 explains why. But basically an Article V convention has far more risks than potential gains.

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

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

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

* Deferred from last Thursday!

This bill passed House Commerce, the House floor, and Senate commerce with no opposition. This bill appears to be language clarification.

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.

* Deferred again last Thursday!

This is another bill I hoped would die in Senate State Affairs. 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. I am 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.

HB 1055 – SoDakLiberty PostsRepeal certain outdated and unnecessary statutes and administrative rules related to the Department of Agriculture.

* Deferred again last Thursday!

This bill was amended in House Ag and now in Senate Ag. It passed House Ag and the House Floor. It passed in Senate Ag 8-1. The bill originally had 59 sections repealing code. The amended version has 54 sections repealing code.

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

* Deferred yet again last Thursday!

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 yet again last Thursday!

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

* Deferred yet again last Thursday!

This bill passed House Judiciary and the House floor with no opposition. It passed Senate Judiciary 6-1. 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 1043SoDakLiberty Posts – Repeal certain outdated and obsolete provisions regarding the Department of Education.

* Deferred yet again last Thursday!

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

HB 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.

* Deferred yet again last Thursday!

This was amended in House Appropriations and passed 8-0. It then passed the House floor and Senate Appropriations with no opposition. 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 1051 – SoDakLiberty PostsRevise various trust and trust company provisions.

* Deferred yet again last Thursday!

This bill passed House State Affairs, the House Floor, and Senate State Affairs with no opposition.

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

* Deferred yet again last Thursday!

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

LEGISLATIVE COMMEMORATIONS
SC 16 – SoDakLiberty Posts – Commending the South Dakota Air National Guard’s 114th Fighter Wing on being awarded the General Carl A. Spaatz Trophy.

SC 17 – SoDakLiberty Posts – Recognizing the 136th anniversary of the Fort Robinson Outbreak and commending the Annual Fort Robinson Memorial Breakout Run.

HC 1015 –  SoDakLiberty Posts – Honoring senior Chris Pollema of Dakota Valley High School on his academic success.

Bills on the SD Senate floor for Weds Feb 11

SD Senate floor. Photo by Ken Santema 02/10/15.
SD Senate floor. Photo by Ken Santema 02/10/15.

Here are the bills on the SD Senate floor for Wednesday, February 11, which begins at 2:00 PM central.

Since I am actually in Pierre for a couple of days I did not have time to do the committee posts; and will not have time to do those posts for tomorrows committee meetings. This weekend I will create posts looking at the bills that came up today and will come up tomorrow in committee.

MOTIONS AND RESOLUTIONS

HJR 1001 – SoDakLiberty Posts – Making formal application to Congress to call an Article V convention of the states for the sole purpose of proposing a federal balanced budget amendment.

This bill barely failed on the Senate floor yesterday 17-15, with three excused. The legislators pushing for this bill will try to get that extra vote needed today.

I really hoped this would die in the Senate State Affairs committee. This bill passed House State Affairs 9-3 and the House floor 39-30. It then eeked through Senate State Affairs 5-3. I am outright opposed to this bill and its sister bill HB 1069. My House State Affairs committee post for Jan 26 explains why. But basically an Article V convention has far more risks than potential gains.

SECOND READING OF CONSENT CALENDAR ITEMS

Executive reappointment of: Robert H. Hartford to the SD Lottery Commission

SB 154 – SoDakLiberty Posts – Require that certain employees of the Department of Veterans Affairs be veterans.

HB 1033 – SoDakLiberty Posts – Repeal the South Dakota Energy Infrastructure Authority.
HB 1034 – SoDakLiberty Posts – Repeal certain outdated and unnecessary statutes related to the Wind Energy Competitive Advisory Task Force.
HB 1006SoDakLiberty Posts – Allow bullheads to be used as bait.
HB 1039 – SoDakLiberty Posts – Revise certain provisions related to the regulation of grain buyers and grain warehouses.
HB 1040 – SoDakLiberty Posts – Revise the statute of frauds within the uniform commercial code with respect to the sale of pulse crops.
HB 1056 – SoDakLiberty PostsRevise certain provisions regarding the Department of Agriculture.

SENATE BILLS AND JOINT RESOLUTIONS

SB 169 – SoDakLiberty Posts – Provide medical care for certain unborn children.

This bill was amended in Senate Health and then passed 4-1. The amendment took away the words “unless the abortion is necessitated by a medical emergency as defined in subdivision” where the act forbids this program to be used for abortion.

SB 190 – SoDakLiberty Posts – Clarify health coverage for applied behavior analysis.

This bill was amended twice in Senate State Affairs and passed that committee 9-0. For more on this bill see my pre-committee post. This is a mandate on certain health plans to cover ABA. No matter how sympathetic I am to parents of children with Autism spectrum disorder, I cannot support another mandate.

SB 1 – SoDakLiberty PostsRevise certain taxes and fees to fund improvements to public roads and bridges in South Dakota.

This is Senator Vehle’s version of the transportation funding. It had 6 amendments in Senate State Affairs, plus a title amendment, and passed that committee 9-0. I have a separate post I’m working on looking at this bill which should be done this weekend.

SB 132 – SoDakLiberty Posts – Allow school districts to recruit or retain teachers by providing certain financial incentives.

This bill passed Senate Ed 4-1. Here are my pre-committee notes on the bill:

This bill would allow school districts to sign a contract that included a signing bonus, moving expenses or tuition reimbursement. This can be done in one lump sum after the teachers first year of employment, or installments over a max of three years. One caveat is that the incentives offered by this bill cannot be negotiated by a “designated collective bargaining representative.” So teachers have to negotiate this on their own, and not through a union. It also has a provision that allows school districts to raise the teachers pay to match the pay of a job the teacher was offered elsewhere. I really like the first part of this bill. Such incentives may help recruit teachers.

SB 129 – SoDakLiberty Posts – Revise provisions relating to trespass associated with hunting, fishing, or trapping.

This bill passed Senate Ag 8-0. This bill appears to be going after people who hunt, fish, or trap knowingly on private land they don’t have permission to be on.

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

* Deferred from yesterday!

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

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

* Deferred from yesterday!

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

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

* Deferred from yesterday!

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.

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

* Deferred again yesterday!

This bill was amended in Senate Retirement Laws to change the task force from being 11 members to 15 members. It also had an auto-repeal section added for Dec 31, 2016. The amended bill passed the committee 5-0. With so much attention on this topic this bill should pass easily. My only question is if this is the problem that should be a focus of the State right now. I can think of many more problems that much more rampant.

HOUSE BILLS AND JOINT RESOLUTIONS

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

This bill passed House Commerce, the House floor, and Senate commerce with no opposition. This bill appears to be language clarification.

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.

* Deferred from yesterday!

This is another bill I hoped would die in Senate State Affairs. 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. I am 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.

HB 1055 – SoDakLiberty PostsRepeal certain outdated and unnecessary statutes and administrative rules related to the Department of Agriculture.

* Deferred again yesterday!

This bill was amended in House Ag and now in Senate Ag. It passed House Ag and the House Floor. It passed in Senate Ag 8-1. The bill originally had 59 sections repealing code. The amended version has 54 sections repealing code.

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

* Deferred yet again 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 yet again 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 1063 – SoDakLiberty PostsRevise the notice provisions for the name change of a minor child.

* Deferred yet again yesterday!

This bill passed House Judiciary and the House floor with no opposition. It passed Senate Judiciary 6-1. 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 1043SoDakLiberty Posts – Repeal certain outdated and obsolete provisions regarding the Department of Education.

* Deferred yet again yesterday!

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

HB 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.

* Deferred yet again yesterday!

This was amended in House Appropriations and passed 8-0. It then passed the House floor and Senate Appropriations with no opposition. 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 1051 – SoDakLiberty PostsRevise various trust and trust company provisions.

* Deferred yet again yesterday!

This bill passed House State Affairs, the House Floor, and Senate State Affairs with no opposition.

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

* Deferred yet again 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.

LEGISLATIVE COMMEMORATIONS

HC 1013 –  SoDakLiberty Posts – Commending and honoring the Sioux Valley School District Board of Education on receiving the Associated School Boards of South Dakota School Board Award of Excellence for 2014.

Bills on the SD Senate floor for Tues Feb 10

Walking up to the Capital building. Photo by Ken Santema 01/22/15
Walking up to the Capital building. Photo by Ken Santema 01/22/15

Here are the bills on the SD Senate floor for Tuesday, February 10, which begins at 2:00 PM central.

A couple of bills were missed in yesterday’s post (and potentially other days). I apologize. The app I made to bring the bills over had a flaw that has now been fixed.

CONSENT CALENDAR ITEMS

SB 126 SoDakLiberty Posts – Revise certain publications date citations for references to the International Building Code and International Property Maintenance Code.

SB 137 – SoDakLiberty Posts – Revise certain provisions regarding the term of the Executive Board of the Legislative Research Council.

SENATE BILLS AND JOINT RESOLUTIONS

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

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

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

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

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

This bill was gutted by Senate Tax. It passed the committee 6-1 after being hoghoused. The new bill seems to do about the same thing, just in a different way.

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 passed Senate Local Government 5-0. 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?”

SB 100 – SoDakLiberty Posts – Create a leased residential property classification and to establish the school district general fund levy for the property classification.

* Deferred again yesterday!

This bill passed Senate Taxation 4-3. This might be an interesting one to listen to on the Senate floor.

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

* Deferred from yesterday!

This bill was amended in Senate Retirement Laws to change the task force from being 11 members to 15 members. It also had an auto-repeal section added for Dec 31, 2016. The amended bill passed the committee 5-0. With so much attention on this topic this bill should pass easily. My only question is if this is the problem that should be a focus of the State right now. I can think of many more problems that much more rampant.

HOUSE BILLS AND JOINT RESOLUTIONS
* Refer to Daily Reader for engrossed (amended) bill

HB 1001 – SoDakLiberty Posts – Establish a wine direct shipment license and wine carrier license to enable the direct shipments of certain wine in South Dakota.

This bill just passed out of Senate State Affairs 8-0. Here is what I said about the bill prior to its Senate committee hearing:

This bill passed House Taxation 13-1 and the House floor 65-2. I do think the move to legally allow direct wine shipment in SD is a good move (many people in SD have found ways around the law). But the provision of the ID being checked upon delivery makes this new law too burdensome. Other states are able to do this without placing that burden on parcel delivery services.

HB 1004 – SoDakLiberty Posts – Authorize the direct sale of distilled spirits from artisan distillers to retailers and wholesalers.

This is a bill I am excited about. Partly because I am a fan of whiskeys… and partly because I am looking to become an artisan distiller. This bill passed House Taxation 10-4 and the House floor 60-7. It then went through Senate State Affairs with no opposition. Here is what I said about the bill before its Senate committee hearing:

This bill would allow artisan distillers to get their product out the market. There are a lot of restrictions for these artisan distillers included in the bill.  As a fan of whiskey I truly would love to see this change happen. Current law makes it hard for artisan distillers to get started. This would make artisan distillers to use a program that is almost exactly like the artisan wineries.

HJR 1001 – SoDakLiberty Posts – Making formal application to Congress to call an Article V convention of the states for the sole purpose of proposing a federal balanced budget amendment.

I really hoped this would die in the Senate State Affairs committee. This bill passed House State Affairs 9-3 and the House floor 39-30. It then eeked through Senate State Affairs 5-3. I am outright opposed to this bill and its sister bill HB 1069. My House State Affairs committee post for Jan 26 explains why. But basically an Article V convention has far more risks than potential gains.

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 another bill I hoped would die in Senate State Affairs. 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. I am 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.

HB 1055 – SoDakLiberty PostsRepeal certain outdated and unnecessary statutes and administrative rules related to the Department of Agriculture.

* Deferred from yesterday!

This bill was amended in House Ag and now in Senate Ag. It passed House Ag and the House Floor. It passed in Senate Ag 8-1. The bill originally had 59 sections repealing code. The amended version has 54 sections repealing code.

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

* Deferred yet again 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 yet again 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 1063 – SoDakLiberty PostsRevise the notice provisions for the name change of a minor child.

* Deferred yet again yesterday!

This bill passed House Judiciary and the House floor with no opposition. It passed Senate Judiciary 6-1. 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 1043SoDakLiberty Posts – Repeal certain outdated and obsolete provisions regarding the Department of Education.

* Deferred yet again yesterday!

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

HB 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.

* Deferred yet again yesterday!

This was amended in House Appropriations and passed 8-0. It then passed the House floor and Senate Appropriations with no opposition. 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 1051 – SoDakLiberty PostsRevise various trust and trust company provisions.

* Deferred yet again yesterday!

This bill passed House State Affairs, the House Floor, and Senate State Affairs with no opposition.

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

* Deferred yet again 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.

LEGISLATIVE COMMEMORATIONS

SC 9 – SoDakLiberty Posts – Commending and honoring the 2014 Habitat for Humanity–South Dakota Habitat Supporters of the Year.

SC 10 – SoDakLiberty Posts – Honoring the Howard High School Football Team for its 2014 9A State Championship.

SC 11 – SoDakLiberty Posts – Honoring the Madison High School Boys Basketball Team for its 2014 Boys State A Basketball Championship.

SC 12 – SoDakLiberty Posts – Commending and honoring Chris Esping, a member of the Vermillion School District Board of Education, on her selection as the Associated School Boards of South Dakota Outstanding School Board Member of South Dakota for 2014.

HC 1012 –  SoDakLiberty Posts – Congratulating and commending the Hamlin High School football team for winning the 2014 State 9B Football Championship.

Senate State Affairs has six bills on Fri Feb 6

On Friday, February 6th, at 9:00 AM the SD Senate State Affairs committee will take on 6 bills.

They moved this meeting to an earlier time and different room. With the bills being taken up I’m not sure there will be enough time for this lineup.

SB 1 – SoDakLiberty PostsFinance improvements on the public highways and bridges by establishing or increasing the motor vehicle excise tax, taxes on fuel, motor vehicle registration fees, and wheel taxes, to provide for the distribution of certain revenue, and to establish certain state and local planning and reporting requirements concerning the condition of public highways and bridges.

This is the massive infrastructure funding bill being carried by Sen Mike Vehle (R, Dist 20) and Rep Mary Duvall (R, Dist 24). I honestly still haven’t had time to actually dig into this bill, or the Governors version (HB 1131). I still haven’t had time to fully study either of the two bills. Instead of commenting on this massive tax and fee hike, I’ll just repost this summary provided by Sen Novstroup at a recent cracker barrel in Aberdeen (PDF version). When (if) I get time I hope to actually dig deeper into both proposals.

Comparison between the Governor's Highway & Bridge Funding Bill and SB1. Document provided by Sen Novstrup at Aberdeen cracker barrel.
Comparison between the Governor’s Highway & Bridge Funding Bill and SB1. Document provided by Sen Novstrup at Aberdeen cracker barrel.

HB 1004 – SoDakLiberty Posts – Authorize the direct sale of distilled spirits from artisan distillers to retailers and wholesalers.

This bill passed House Taxation 10-4 and the House floor 60-7. Rep Roger Solum (R, Dist 5) and Sen Corey Brown (R, Dist 23) are the prime sponsors.

This bill would allow artisan distillers to get their product out the market. There are a lot of restrictions for these artisan distillers included in the bill.  As a fan of whiskey I truly would love to see this change happen. Current law makes it hard for artisan distillers to get started. This would make artisan distillers to use a program that is almost exactly like the artisan wineries.

HJR 1001 – SoDakLiberty Posts – Making formal application to Congress to call an Article V convention of the states for the sole purpose of proposing a federal balanced budget amendment.

This bill passed House State Affairs 9-3 and the House floor 39-30. Rep Jim Stalzer (R, Dist 11) and Sen Ernie Otten (R, Dist 6) are the prime sponsors.

I am outright opposed to this bill and its sister bill HB 1069. My House State Affairs committee post for Jan 26 explains why. But basically an Article V convention has far more risks than potential gains.

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 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. Rep Jim Stalzer (R, Dist 11) and Sen Ernie Otten (R, Dist 6) are the prime sponsors.

I am 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.

HB 1001 – SoDakLiberty Posts – Establish a wine direct shipment license and wine carrier license to enable the direct shipments of certain wine in South Dakota.

This bill passed House Taxation 13-1 and the House floor 65-2. Rep Roger Solum (R, Dist 5) and Sen Corey Brown (R, Dist 23) are the prime sponsors. I think it is good a direct wine shipment is moving through the SD legislature. I still think a couple provisions make it unusable in reality, but it is a start.

SB 166 – SoDakLiberty Posts – Revise the method used to calculate the petition signatures to place initiated measures on the ballot and to declare an emergency.

Sen Corey Brown (R, Dist 23) and Rep Jim Stalzer (R, Dist 11) are the prime sponsors. All I can say about this bill is “WTF”. Really? This bill would make it harder for citizens to get initiated measures on the ballot. It would appear this is in response to the minimum wage increase being passed last year. I believe this is a bad move on Sen Brown’s part. It has been said this will stop outside groups from creating crazy initiated measures on the people of SD. The problem is these outside groups generally have money and will be able to meet the new thresholds OK. Instead of outside groups, I feel this bill would hurt true in-state grass-roots efforts to get an initiated measure on the ballot. I’m no fan of initiated measure in general, but they do serve a potential purpose. Hopefully this will die in committee.

Bills on the House floor for Jan 28

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

Here are the bills on the House floor for Jan 28, which begins at 2:00 PM central.

HB 1059 is going to be one to watch. There have been a lot of conservative groups against the change of “may” to “shall” share for certain organizations and immunization records. HJR 1001 and HB 1069 are on my watch list because they deal with an Article V constitutional convention, to which I am opposed. There is a lot of support for such a convention in the House, I hope the House does not pass either bill. HB 1001 is one to watch as it would allow direct shipment of wine to people in SD. And finally, I am happy to see HB 1004 made it to the House floor. This would allow artisan distilleries get their product to market, just like artisan wineries currently can.

Consent Calendar Items

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

This bill has 22 sections of code to repeal.

HB 1007 – SoDakLiberty Posts – Revise and update certain provisions relating to the South Dakota Retirement System.

HB 1008 – SoDakLiberty Posts – Provide for a consistent refund methodology for members of the South Dakota Retirement System and their beneficiaries.

HB 1010 – SoDakLiberty Posts – Revise certain provisions relating to disability and surviving spouse benefits for members of the South Dakota Retirement System.

HB 1071 – SoDakLiberty PostsRevise the number of signatures required for a nominating petition for sanitary district trustees.

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

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

HB 1054 – SoDakLiberty PostsRevise certain record keeping and inspection requirements for fur dealers.

House Bills & Resolutions

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

This bill had definite opposition in the Health and Human Services committee meeting. It passed the committee 8-5. I’ve heard from many people concerned about the change this law would make by sharing immunization records between certain organizations. This should be an interesting one to listen to on the House Floor.

HJR 1001 – SoDakLiberty Posts – Making formal application to Congress to call an Article V convention of the states for the sole purpose of proposing a federal balanced budget amendment.

This bill was deferred from yesterday. I am outright opposed to this bill. It passed the House State Affairs committee with a vote of 9-3. Many of us are opposing this bill because of the dangers of opening the US Constitution to a constitutional convention.

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.

Another constitutional convention bill. This passed the House State Affairs committee 9-3. In this case I believe the bill if passed into law would be considered unconstitutional. I do not believe the states have the right to legislate what can happen in an Article V convention.

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

This bill was amended in the House Judiciary committee and passed out of that committee 13-0.

HB 1009 – SoDakLiberty Posts – Limit the recovery of certain overpayments made by the South Dakota Retirement System.

This bill passed the House Retirement Laws committee 5-0.

HB 1011 – SoDakLiberty Posts – Provide for automatic increases in the accounts of automatically-enrolled participants of the deferred compensation plan of the South Dakota Retirement System.

This bill passed the House Retirement Laws committee 5-0.

HB 1001 – SoDakLiberty Posts – Establish a wine direct shipment license and wine carrier license to enable the direct shipments of certain wine in South Dakota.

This bill passed the House Taxation committee 13-1. I do think the move to legally allow direct wine shipment in SD is a good move (many people in SD have found ways around the law). But the provision of the ID being checked upon delivery makes this new law too burdensome. Other states are able to do this without placing that burden on parcel delivery services.

HB 1004 – SoDakLiberty Posts – Authorize the direct sale of distilled spirits from artisan distillers to retailers and wholesalers.

This bill passed the House Taxation committee 10-4. This would allow artisan distillers to get their product out the market. There are a lot of restrictions for these artisan distillers included in the bill.  As a fan of whiskey I truly would love to see this change happen. Current law makes it hard for artisan distillers to get started. This would make artisan distillers to use a program that is almost exactly like the artisan wineries.

HB 1053 – SoDakLiberty PostsRepeal and revise certain outdated provisions related to the Department of Game, Fish and Parks.

This bill passed the House Agriculture and Natural Resources committee 11-0.

Bills on the House floor for Jan 27

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

Here are the bills on the House  floors for Jan 27, which begins at 2:00 PM central.

Today there are a couple of interesting resolutions, one to do with abolishing the Dept of Ed and the second having to do with abortion. Also HB 1058 is on the floor again, it will be interesting to see if an amendment is offered that allows conservatives to vote for the bill. HJR 1001 is also on the floor; this bill would formally act as a petition on behalf of SD to call for an Article V convention. I’ve blogged many times that such a move has far more risks than any potential good. This might be a good day to watch the House!

Motions & Resolutions

HCR 1003SoDakLiberty Posts – Urging Congress and the President of the Unites States to abolish the United States Department of Education.

This is a resolution I truly wish would happen. Just think of the money that could be given directly to public education if taxpayer dollars weren’t being used to pay bureaucrats in DC that intrudes upon the ability of teachers to actually do their job. Sadly, bureaucratic machines such as the Dept of Ed are near impossible to get rid of.

HCR 1004 – SoDakLiberty Posts – Addressed to the United States Supreme Court setting forth certain facts and expressly enumerating the grievances of the People of the State of South Dakota, through their elected representatives, with that Court’s decision in Roe v. Wade, 410 U.S. 113 (1973), and its progeny and calling for that Court to now protect the intrinsic, natural, fundamental rights of the children of our State and nation and the intrinsic, natural, fundamental rights of their pregnant mothers in their relationship with their children, and the mothers’ health by reconsidering and overturning the court’s decision in Roe.

Wow, this is a LONG resolution. This will be an interesting one to watch just to see where legislators fall on the issue of abortions.

Consent Calendar Bills

HB 1065 – SoDakLiberty PostsRevise certain provisions related to voting trusts and agreements.

House Bills and Resolutions

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

This bill was deferred from last week before it could be debated on the floor. There are many conservative groups that oppose the bill because they fear it gives the Dept of Health too much power. I almost wonder why they didn’t try passing it through without the emergency clause so they can push it through the House. Perhaps that is the amendment that will come up today.

HB 1029 – SoDakLiberty Posts – Revise certain requirements regarding high performance building design and construction standards for newly constructed or renovated state-owned buildings.

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.

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

HJR 1001 – SoDakLiberty Posts – Making formal application to Congress to call an Article V convention of the states for the sole purpose of proposing a federal balanced budget amendment.

This is a resolution I hope does not pass the House floor. Opening up the US Constitution to amendment by the states just doesn’t seem like a good solution. It will be interesting to see how this resolution does on the House floor.

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

HB 1066 SoDakLiberty PostsClarify that the required notice requirements related to continuing contracts do not apply to employees of postsecondary technical institutes.

Commemorations

SC 3 – SoDakLiberty Posts – Commending and honoring the 2013-2014 Outstanding School Administrators of South Dakota, including Tim Mitchell, Rapid City, School Superintendent; Anita Stugelmeyer, Lemmon, School Business Official; John Decker, Watertown, Elementary School Principal; Brad Seamer, McCook Central, Secondary School Principal; Peggy Diekhoff, Todd County, Assistant Secondary School Principal; Kym Johnston, Lennox, Curriculum Director; Michelle Powers, Brookings, Director of Special Education; and Rhonda Gross, Arlington, Middle School Principal, for being named outstanding administrators by their respective administrator parent groups.