During South Dakota legislative week six there were 23 bills killed by House committees. These bills were all killed either by being tabled or by deferring them to the 41st legislative day, which does not exist. Typically a bill said to have been killed in committee means it has been sent to the (nonexistent) 41st day.
HB 1122 (SoDakLiberty Posts) – Establish procedures for payment of insurance claims by credit card or electronic funds transfer to health care professionals.
Status: Deferred to the 41st legislative day
SoDakLiberty Stance: Undecided
Prime Sponsors: Rep Jim Stalzer (R, Dist 11) and Sen Blake Curd (R, Dist 12) are the prime sponsors.
This was killed by House Commerce 10-2.
This bill has to do with the new “virtual credit cards”. There are fees with these that goes to the recipient. This bill would basically say the fee has to be agreed to in advance by the recipient. I found it odd such a law would be proposed just for insurance companies paying health care professionals. Especially since federal law is already involved in these transactions. These fees seem little different from merchant fees charged for traditional credit cards.
I then ran across an article which is titled “Private insurers using “virtual credit cards” to loot physician payments“.
Personally I am glad this bill died. Those two industries don’t need to include SD codified law in their little battle.
HB 1126 (SoDakLiberty Posts) – Exempt certain entities from provisions related to money lending licenses.
Status: Tabled
SoDakLiberty Stance: Undecided
Prime Sponsors: Rep Mark Mickelson (R, Dist 13) and Sen Blake Curd (R, Dist 12) are the prime sponsors.
The sponsor asked for this bill to be tabled. Good, I don’t mind not having to listen to testimony on this one to understand it.
HB 1128 (SoDakLiberty Posts) – Require the court to consider the preference of certain children when awarding child custody in divorce actions.
Status: Deferred to the 41st legislative day
SoDakLiberty Stance: Undecided
Prime Sponsors: Rep Jim Bolin (R, Dist 16) and Sen Betty Olson (R, Dist 28) are the prime sponsors.
This was amended in House Judiciary to specify the child must be 14 or older.
This bill would have changed the following may to a shall:
If the child is of a sufficient age to form an intelligent preference, the court
mayshall consider that preference in determining the question.
This sounds like a good idea. But I agree with opponent testimony that mentioned changing this to a shall would force the judge to involve a child that may not wish to be involved. Leaving may in the statute gives the judge discretion.
House Judiciary killed the bill 11-0.
HB 1154 (SoDakLiberty Posts) – Create protections and accommodations for pregnant and breastfeeding mothers in their places of employment.
Status: Deferred to the 41st legislative day
SoDakLiberty Stance: Undecided
Prime Sponsors: Rep Paula Hawks (D, Dist 9) and Sen Angie Buhl O’Donnell (D, Dist 15) are the prime sponsors.
This bill was slightly amended by House Commerce and then killed 11-2.
The proponents tried to make the case this wasn’t a burdensome mandate, but it is. I do not believe this is actually a problem, accommodations are already provided by most employers for pregnant and nursing mothers, without government coercion. Plus, is this necessary to add this mandate on to employers. I agree with what the bill says about reasonable accommodations for pregnant and breastfeeding women, but cannot see the need for an employer mandate.
HB 1156 (SoDakLiberty Posts) – Require municipalities to reimburse the counties for certain judicial and law enforcement expenditures.
Status: Deferred to the 41st legislative day
SoDakLiberty Stance: Undecided
Prime Sponsors: Rep Don Haggar (R, Dist 10) and Sen Jenna Haggar (R, Dist 10) are the prime sponsors.
This is a duplicate of SB 84 (SoDakLiberty Posts), which was sent to Appropriations. Rep Haggar wanted a policy hearing on the bill so submitted this one.
This bill would basically force municipalities to reimburse counties for judicial and law enforcement costs. I understand the counties are feeling financial burden from the continuous legislative mandates and cost shifts that have been imposed on their judicial and law enforcement resources. But I’m not sure this is the way to alleviate that issue. It should be interesting testimony to listen to.
This failed a Do Pass motion 3-10. It was then killed 9-4.
HB 1165 (SoDakLiberty Posts) – Repeal the requirement for a marriage license and to provide for a marriage certificate.
Status: Tabled
SoDakLiberty Stance: Undecided
Prime Sponsors: Rep Steven Haugaard (R, Dist 10) and Sen Ried Holien (R, Dist 5) are the prime sponsors.
Rep Haugaard asked for this to be tabled. That is probably for the best. Personally I would love to get government completely out of the marriage business. But This bill didn’t seem like the way to do so.
HB 1171 (SoDakLiberty Posts) – Permit the court additional time to determine whether a petition for a domestic protection order may be heard as though the petition was for a stalking protection order.
Status: Deferred to the 41st legislative day
SoDakLiberty Stance: Undecided
Prime Sponsors: Rep Peggy Gibson (D, Dist 22) and Sen Angie Buhl O’Donnell (D, Dist 15) are the prime sponsors.
This bill was presented as a way to give additional protections to victims of domestic abuse. It will allow more time for the court to determine whether someone checked the wrong box on the protection order form, a stalking protection order or domestic protection order.
It was amended for the stalking protection order to mirror what is being changed for domestic protection order.
Committee discussion mentioned the court already has means to do what this bill is basically trying to do.
The bill failed a Do Pass 5-7. It was then killed 9-3.
HB 1181 (SoDakLiberty Posts) – Revise certain provisions regarding a violation for the ingestion of certain substances.
Status: Deferred to the 41st legislative day
SoDakLiberty Stance: Undecided
Prime Sponsors: Rep Shawn Bordeaux (D, Dist 26A) and Sen Troy Heinert (D, Dist 26) are the prime sponsors.
Here is what I said about the bill before it had a hearing:
This is an interesting one. In listening to the interim legislative tribal committees, the marijuana lounge in Flandreau was brought up a few times. One of the things taken away from that is South Dakota’s unique ingestion law, which give the state the draconian ability to arrest and prosecute based upon what is in the body. In essence, if someone utilized some product in the marijuana lounge and then went outside the reservation they could be arrested and prosecuted for ingestion. This bill seems to change that. This is the last sentence of the statute in question, notice what is being stricken out:
The venue for a violation of this section exists in
eitherthe jurisdiction in which the substance was ingested, inhaled, or otherwise taken into the bodyor the jurisdiction in which the substance was detected in the body of the accused.
If I am reading this correctly, that means anyone charged with ingestion would go before the court where the ingestion occurred. Well, if that happens on tribal land, that would mean a tribal court.
In testimony it was mentioned SD is the only state in the country that has this ingestion law. If this law were repealed they would be able to use recreation or medical marijuana economic activity. The marijuana lounge that had to stopped before started last year of course was front and center. The tribe had permission from the feds, but local state laws were in the way. Anyone using product on the reservation could be arrested and charged with ingestion when they leave the reservation.
Opposing testimony from the AG’s office says ingestion is about more than marijuana. The AG’s office says the federal statutes are more to blame than SD law. The AG also said the venue would be in Moody County for Flandreau, because the reservation there is in Moody.
Personally I think both this and the companion felony laws should be repealed. That would have been a better fix than what this bill attempted to do.
HB 1186 (SoDakLiberty Posts) – Revise certain provisions relating to the practice of dentistry and to dental corporations.
Status: Tabled
SoDakLiberty Stance: Undecided
Prime Sponsors: Rep Leslie Heinemann (R, Dist 8) and Sen Ried Holien (R, Dist 5) are the prime sponsors.
The prime sponsor asked for this to be tabled. I was happy with that since I didn’t want to go back and listen to the testimony for this bill.
HB 1194 (SoDakLiberty Posts) – Revise the authority of state’s attorneys to take action regarding certain local open government violations.
Status: Deferred to the 41st legislative day
SoDakLiberty Stance: Undecided
Prime Sponsors: Rep Patrick Kirschman (D, Dist 15) and Sen Jim Peterson (D, Dist 4) are the prime sponsors.
This bill would amend § 1-25-6, which is titled: Duty of state’s attorney on receipt of complaint alleging chapter violation.
This would be added to the bottom of that statute:
Nothing in this chapter shall be construed to limit a state’s attorney’s jurisdiction solely to a violation of this chapter. A state’s attorney may also take action against a violation of a municipal or local ordinance similar to this chapter.
This was an odd one. In 2015 the City of Sioux Falls had been caught trying to circumvent the laws. This bill would allow the states attorney to get involved with homerule charter open meetings, which apparently cannot be done now.
I understand why this bill was brought forth. Yet bringing the States Attorney into these situations just seems like an odd fit. I think this should have been at least passed onto the floor. Killing this bill just seemed wrong, it makes those fighting against the City of Sioux Falls feel they have nowhere to go.
Local Government killed the bill 9-4.
HB 1195 (SoDakLiberty Posts) – Revise certain provisions regarding ballots used in municipal referendum elections.
Status: Deferred to the 41st legislative day
SoDakLiberty Stance: Undecided
Prime Sponsors: Rep Patrick Kirschman (D, Dist 15) and Sen Jim Peterson (D, Dist 4) are the prime sponsors.
This would require the explanations for a yes or a no vote shall be short, concise, and as balanced as possible on ballots used in municipal referendum elections.
This is another one coming out of Sioux Falls. The city attorney of Sioux Falls has taken liberty with the petition explanations.
I think Sioux Falls has more problems going on than this law would help. But this seemed like a good bill.
Local Government killed the bill 11-2.
HB 1196 (SoDakLiberty Posts) – Create a deadline for the preparation of statements for municipal referendum ballots.
Status: Deferred to the 41st legislative day
SoDakLiberty Stance: Undecided
Prime Sponsors: Rep Patrick Kirschman (D, Dist 15) and Sen Jim Peterson (D, Dist 4) are the prime sponsors.
This is similar to HB 1195 would. In this case though it would ensure the statement about the referred ordinance or resolution be supplied in time to make the ballot. This would also allow the group submitting a petition to be part of the approval process for the language on the ballot.
Yep, another Sioux Falls bill. It was a good change. But again, the City of Sioux Falls has problems beyond what these bills will fix.
Local Government killed the bill 13-0.
HB 1211 (SoDakLiberty Posts) – Require statewide livestock ownership inspection.
Status: Deferred to the 41st legislative day
SoDakLiberty Stance: Undecided
Prime Sponsors: Rep Dean Schrempp (D, Dist 28A) and Sen Troy Heinert (D, Dist 26) are the prime sponsors.
The biggest change in this bill was to make sure all livestock leaving the state must have a brand inspection done. This bill has been tried many times. It would force east river to go through brand inspections like ranchers in west river have to go through.
It was killed by House Ag 9-4.
HB 1215 (SoDakLiberty Posts) – Authorize a private school to hold dual status as an alternative instruction program under certain conditions.
Status: Deferred to the 41st legislative day
SoDakLiberty Stance: Undecided
Prime Sponsors: Rep Steven Haugaard (R, Dist 10) and Sen Jeff Monroe (R, Dist 24) are the prime sponsors.
This bill was hoghoused with new content.
In South Dakota homeschools are not treated as a private, so certain federally funded special education services are not available to homeschooled students. Other states allow for this, but SD doesn’t for some reason. This bill would allow homeschoolers to hold a status as a homeschool and a private school.
I actually thought this would pass, because it means more federal money would have potentially flowed to the state (our legislature loves getting the federal fund). This bill would not have done much beyond that.
House Ed killed the bill 12-2.
HB 1216 (SoDakLiberty Posts) – Provide for the determination of avoided cost by certain public utilities.
Status: Deferred to the 41st legislative day
SoDakLiberty Stance: Undecided
Prime Sponsors: Rep Paula Hawks (D, Dist 9) and Sen Phil Jensen (R, Dist 33) are the prime sponsors.
This bill would force utilities to change how they calculate how much they charge for power that is generated by customers.
I really didn’t understand where this bill was coming from.
The bill was killed by House Commerce 11-2.
HB 1217 (SoDakLiberty Posts) – Provide for the employment of chiropractors by corporations under certain conditions.
Status: Deferred to the 41st legislative day
SoDakLiberty Stance: Undecided
Prime Sponsors: Rep Scott Munsterman (R, Dist 7) and Sen Billie Sutton (D, Dist 21) are the prime sponsors.
Oddly chiropractors are not allowed to work for hospitals because it is not allowed by state statute. I find it odd this is not allowed, and that the House Commerce committee killed the bill 10-2.
HB 1219 (SoDakLiberty Posts) – Revise certain provisions concerning adverse possession of certain real property.
Status: Tabled
SoDakLiberty Stance: Undecided
Prime Sponsors: Rep Brian Gosch (R, Dist 32) and Sen Arthur Rusch (R, Dist 17) are the prime sponsors.
Rep Gosch asked for the bill to be tabled because it needed work.
HB 1223 (SoDakLiberty Posts) – Accommodate legislation relating to livestock control.
Status: Tabled
SoDakLiberty Stance: Undecided
Prime Sponsors: Rep Justin Cronin (R, Dist 23) and Sen Corey Brown (R, Dist 23) are the prime sponsors.
This was a hoghouse vehicle bill with no actual content. It was tabled because it was not needed.
HB 1227 (SoDakLiberty Posts) – Establish the South Dakota Government Accountability Committee.
Status: Deferred to the 41st legislative day
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 didn’t think it had a chance of getting through State Affairs.
State Affairs killed the bill 10-2.
HB 1229 (SoDakLiberty Posts) – Revise provisions related to primary insurance of rental cars.
Status: Deferred to the 41st legislative day
SoDakLiberty Stance: Undecided
Prime Sponsors: Rep Fred Romkema (R, Dist 31) and Sen Bob Ewing (R, Dist 31) are the prime sponsors.
This bill was brought to the agenda on Feb 17 even though it was not on the original agenda. This was an insurance bill.. I never had a chance to hear testimony.
HB 1233 (SoDakLiberty Posts) – Exempt the state from daylight saving time.
Status: Deferred to the 41st legislative day
SoDakLiberty Stance: Undecided
Prime Sponsors: Rep Elizabeth May (R, Dist 27) and Sen Betty Olson (R, Dist 28) are the prime sponsors.
Rep Olson tried this in the Senate via SB 60 (SoDakLiberty Posts). Olson’s bill would have placed the state on DST all year round, this one would do the opposite. Perosnally I think it is a great idea. DST was never really needed to begin with, and it makes no sense in the modern world. There are surrounding states I believe would also get rid of DST if one state made the change. South Dakota could start that trend.
House State Affairs killed the bill 11-1.
HB 1240 (SoDakLiberty Posts) – Adopt a compact for a balanced budget and to declare an emergency.
Status: Deferred to the 41st legislative day
SoDakLiberty Stance: Undecided
Prime Sponsors: Rep Steven Haugaard (R, Dist 10) and Sen Phil Jensen (R, Dist 33) are the prime sponsors.
State Affairs killed this bill 10-2, and I am happy about that.
Here is what I said about the bill:
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 afederal 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??
HB 1245 (SoDakLiberty Posts) – Accommodate legislation relating to occupational licensing.
Status: Tabled
SoDakLiberty Stance: Undecided
Prime Sponsors: Rep Kevin Killer (D, Dist 27) and Sen Troy Heinert (D, Dist 26) are the prime sponsors.
This was a hoghouse vehicle bill with no actual content. It was not needed so the committee tabled it.
The post 23 bills killed by House committees during SD legislative week 6 appeared first on SoDakLiberty.