Last updated on 2020-02-20
Tomorrow is Crossover Day, when legislators must wear the clothing prescribed by Speaker Haugaard for members of the opposite sex—
Whoops, sorry, I was tuning in to an alternate, less ridiculous universe.
Tomorrow is Crossover Day, when legislators must pass bills out of their original chamber or let them die. House bills must pass the House; Senate bills must pass the Senate. If you have time to contact your legislators this blustery Sunday or tomorrow over breakfast, the bills on the House and Senate calendars for Crossover Day are perhaps the best bills on which to focus your legislators’ attention.
The House has eighteen House bills and two meaningful House joint resolutions to clear on Monday. The House is scheduled to convene for this purpose at 2 p.m. Central. As you can see from the following list, copied straight from the Monday House calendar, nine of those twenty measures have been hoghoused: the stricken language is original titles, while underlined language is hoghouse titles.
- HB 1090* provide for the establishment of commercial property assessed clean energy programs. Repeal certain provisions regarding the exercise of certain powers over certain property.
- HB 1219* revise provisions regarding insurance plans. Revise certain provisions regarding the calculation of enrollment for the purposes of education funding. Revise certain provisions regarding surplus line insurance.
- HB 1272* provide for electronic and remote notarization. Provide for remote notarization.
- HB 1093* establish legal standards applicable to petition challenges.
- HB 1209* (Deferred from 28th LD) clarify provisions regarding tobacco products. Revise certain provisions regarding tobacco products.
- HB 1230 (Deferred from 28th LD) add clergy to the list of mandatory reporters for suspected child abuse or neglect.
- HB 1232 (Deferred from 28th LD) lower the compulsory age for school attendance.
- HB 1270 (Deferred from 28th LD) protect the teaching of certain scientific information.
- HB 1251* distribute funds to the special racing revolving fund and the South Dakota-bred racing fund from the tourism promotion fund and simulcast wagering. License out-of-state multi-jurisdictional totalizator hubs and distribute source market fees to the special racing revolving fund and the South Dakota-bred racing fund.
- HB 1173* permit the possession of firearms by certain employees.
- HJR 1001* Proposing and submitting to the voters at the next general election an amendment to the Constitution of the State of South Dakota regarding appointments to fill legislative vacancies.
- HB 1084* revise certain programs to support the growth of South Dakota. Provide for specific classification of affordable housing structures for purposes of taxation.
- HB 1130* revise and enhance provisions regarding certain misdemeanors. Revise provisions regarding certain Class 2 misdemeanors.
- HB 1132* revise and enhance provisions regarding emergency involuntary commitment. Revise certain provisions regarding the treatment of alcohol and drug abuse.
- HB 1193* provide a criminal penalty for causing an abortion against a pregnant mother’s will.
- HB 1195* revise provisions regarding juvenile justice.
- HB 1177* require the performance of an ultrasound prior to an abortion. Require the performance of a sonogram prior to an abortion.
- HB 1246* promote tribal economic development.
- HB 1265* revise certain provisions regarding the disclosure of tax returns.
- HJR 1006* Proposing and submitting to voters an amendment to the Constitution of the State of South Dakota, revising legislative terms of office.
The Senate also has twenty Crossover Day specials, nineteen Senate bills and one meaningful Senate joint resolution item that cannot be deferred to late date.
- SB 116* provide for the transfer of funds from the future fund to the education enhancement trust fund for the purpose of funding needs-based grants. Provide for an annual transfer of certain unobligated state general funds for the purpose of funding needs-based grants.
- SB 167* revise provisions regarding public safety. Establish a task force to study the crime of ingestion of controlled substances.
- SB 15* extend the timeline for granting wind energy permits. Define solar energy facilities and to establish certain provisions regarding solar energy permits.
- SB 9* provide for the Servicemember Firearms Protection Act. Provide for the Firearms Protection Act.
- SB 182 (Deferred from 27th LD) revise the special education property tax levy for school districts and to revise the state aid to special education formula.
- SJR 5 (Deferred from 27th LD) Proposing and submitting to the electors at the next general election an amendment to the Constitution of the State of South Dakota, relating to the authorization of certain games of chance in the City of Yankton.
- SB 66* remove the right of an annexing municipality to acquire service territory of an electric utility. Establish an interim legislative committee to study issues related to electric services in an annexed area.
- SB 2* adjust for inflation the amount of the special education appropriation that may be set aside for extraordinary expenses.
- SB 87 enhance South Dakota.
- SB 89 enhance health care in South Dakota.
- SB 179* (Deferred from 28th LD) revise the property tax levies for the general fund of school districts and to revise the state aid to education formula.
- SB 181* (Deferred from 28th LD) provide for the transfer of funds from the budget reserve fund and to declare an emergency.
- SB 151 (Deferred from 28th LD) revise the course requirements for the opportunity scholarship.
- SB 74 (Removed from consent) revise provisions regarding multiple convictions for certain offenses.
- SB 79 (Removed from consent) increase the penalty for theft of a firearm.
- SB 88 (Deferred from 28th LD) enhance education in South Dakota.
- SB 152 (Deferred from 28th LD) improve civics education in South Dakota public schools.
- SB 131 (Deferred from 28th LD) accommodate legislation on Medicaid provider reimbursements.
- SB 132 (Deferred from 28th LD) accommodate legislation on education.
- SB 133 (Deferred from 28th LD) accommodate legislation to lower the state sales and use tax.
Notice that Senate Bills 87, 88, 89, 131, 132, 133, and 152 have no substantive text. No, they aren’t just bad or vacuous ideas; they are literally empty, carcass bills, still waiting to be stuffed with whatever surprise policies legislators want to spring on us without the full scrutiny of two public committee hearings and two full floor debates. Given the pressing business the Legislature has to conduct on Crossover Day, the Senate should spend no more time on those seven carcass bills than it takes to move and voice-vote to table them. Sorry, Senators—if you’ve let 28 of the 40 Legislative Days pass without figuring out and writing down for all to see the policy you want to enact, you need to give up and focus on the homework that other, more diligent legislators have done on time.
In my cynicism, I am giving SB 87 a close to even chance of passing.
The title allows nearly any amendment in the house. The text “The Legislature shall pursue opportunities to enhance the state” has no limits. The house can demand that everyone buy a gallon of ice cream from the SDSU dairy store and claim South Dakota is enhanced.
Unfortunately, they can also make many less benign amendments and make the same claim.
In my days, the rules governing the deadline for passage out of the originating house could be suspended with a two-thirds vote, and that used to happen every session. I think legislators make a good attempt to get through the calendar, and they used to go far into the evening to do that, but a few bills were always held over. It has been routine to get through as many bills as possible, but defer some through suspension of the rules.
When did “crossover day” become the terminology? If that was terminology when I was there, I missed it. No one took that rule too seriously in Pierre, because the rule was routinely suspended. But I know they did call it “crossover day” in North Dakota when I was there in 1980. I think their rules are less flexible in North Dakota.
Look more closely at SB 15–it’s not just a “fix” for the gubernatorially-vetoed SB 14–it completely rewrites a section of code dealing with who can file for contested case hearings on PUC permits, as well as changing “public hearing” language to “public input meetings.”
It’s like the PUC threw up their hands and handed their (simple, but deferred due to pressure from industry & governor’s office) bill to industry, saying, “YOU write it!”
Mr. Pay, I think the deadline was always implict but ignored, what with the hat hangings and things back in the day. The reality is that back in Mr. Pays day, when grudznick ran the show more directly than I do now, or today when the insaner fellows like Mr. Haugaard and the Howites run the show, the rules can be change by those playing they game anytime they want as often as they want. They run the rules, and until Sine Die comes to be we, all of us in South Dakota, not the out-of-staters who dominate this blog, at risk.
Resume your usual fecal position, grudz.
Sorry for going off topic but wasn’t Mr. Haugaard and the Howites one of the opening acts when Cheap Trick played the Sioux Falls Arena?
Mr. Kallis, I believe the venue you recall is the Caputa bar. I have heard of this Cheap Trick and they have a good song, but I do not think they every played Caputa.
My good friend Bob and I have had many a good time in Caputa. Ask him for the details, as only his vocabulary can really do justice to some of our hijinx from those days.
Lots of humor on DFP today:
“Whoops, sorry, I was tuning in to an alternate, less ridiculous universe.” Cory
“Resume your usual fecal position, grudz.” CIRD
Thank you, gentlemen. 😊😊
We aim to please, Debbo.
Grudz you should just go by Murph now since everybody knows who you are now.