Home > 2014 SD Legislative Session, South Dakota > South Dakota 2014 Legislature: bills to be addressed in Committee Jan 28

South Dakota 2014 Legislature: bills to be addressed in Committee Jan 28

January 27, 2014

liftarn_English_lawyer_early_20th_century.Tuesday, Jan 28, will begin this weeks legislative session in Pierre. Here are the bills on the schedule for Jan 28 and some thoughts on them.

House Agriculture and Natural Resources

HB 1012

provide for free resident fishing licenses for certain entities teaching basic fishing skills

GFP asked for HB 1012. There are already cases where people can get free resident fishing licences. This bill just adds an exemption for teaching fishing by various organizations. I don’t see any reasons this bill wouldn’t pass.

HB 1014

increase the nonrefundable application fee for resident bighorn sheep, mountain goat, and elk licenses

GFP asked for this one too. It raises the nonrefundable application fee from $5 to $10. I would have to hear GFP’s reasoning for raising this fee. There realistically shouldn’t be much of a burden on GFP taking applications. Doubling the fee doesn’t make much sense, unless GFP is trying to grasp for more money. Without further reasoning as to why the fee should be raised I would say this bill should fail in committee.

HB 1015

create an equitable process to handle water right applications submitted for aquifers determined to be fully appropriated by the Water Management Board

This one I haven’t looked too much into. I might have to listen to the committee meeting to find out why more bureaucratic processes and rules have to be added in handling water rights applications. Since the Department of Environment and Natural Resources submitted this bill, they should have a good reason as to why it is necessary. And if they don’t have a good reason, then the Committee should kill it.

Senate Judiciary

The Senate Judiciary Committee will be looking at six bills submitted by the Interim Domestic Abuse Study Committee. The bills are listed below. Some of these bills I have to research further. They appear well-intended, nobody wants domestic violence. But these bills have to be watched closely; bills like these are often twisted to promote social engineering, rather than deal with criminal situations. It may be worth listening to the testimony on these bills to find out more about the reasoning behind them.

SB 2

provide for the delayed arrest, under certain circumstances, in regard to certain outstanding warrants for victims of domestic abuse with minor children.

SB 3

provide for continuity in the judicial review of certain lawsuits, complaints, and petitions between parties to a petition for certain protection orders

SB 4

ensure, by service, notice to the respondent and opportunity for the respondent to be heard prior to enforcement of certain foreign domestic protection orders.

SB 5

permit the court reciprocal discretion to hear certain petitions for protection orders due to domestic abuse and for protection orders due to stalking or physical injury

SB 6

establish the crime of committing certain acts of domestic abuse in the presence of a minor child

SB 7

modify the persons eligible for protection from domestic abuse and to revise certain terminology

House Local Government Committee

HB 1074

revise certain provisions concerning actions prohibited near polling places.

This bill more clearly defines the term ‘polling place’ for the statute in question. I think it is pretty understood that polling place in this statute means the place where and when voting happens.   But this adds ‘voting absentee’ to the definition of polling place. Not sure if that is necessary.

HB 1065

provide for the issuance of a permit to carry a concealed pistol without a fee

I support this bill. I actually posted about it earlier today. My only problem is it doesn’t go far enough.

HB 1066

revise certain provisions restricting the presence of firearms in certain public buildings.

This is an interesting one, and I definitely support it. This bill means someone charged with possession of a firearm in a courthouse can use the fact they have a concealed carry permit when being prosecuted. Personally I would rather remove the gun-free-zone from courthouses. But the media and gun control activists like to bring up ‘wild west’ arguments, which actually isn’t even representative of how things were then… but since this does roll back even a little bit of gun control I support the bill.

Senate Commerce and Energy Committee

SB 29

revise certain provisions in statute and administrative rules regarding the regulation of campgrounds and the license fee for campgrounds and to repeal administrative rules regulating primitive campgrounds, full-service campgrounds, limited service campgrounds, and temporary campgrounds.

The Department of Health asked for this bill. I haven’t looked into the specifics of this bill. But it does remove a lot of codified law. That alone might actually make it a good bill. But it requires closer scrutiny to be sure.

SB 72

require notice to judgment debtors when certain judgments are discharged.

No thoughts on this one.

Senate Agriculture and Natural Resources Committee

SB 76

revise certain provisions relating to the killing of mountain lions that threaten personal safety or property.

Simple bill. It basically clarifies that if a person’s life or safety is at risk from a mountain lion they can protect them-self and shoot it regardless of the time or date.

House Transportation Committee

HB 1043

revise and repeal certain provisions regarding the regulation of aeronautics.

This bill appears good because it repeals a lot of code. But closer scrutiny is required to confirm that.

HB 1079

authorize certain lighting on vehicles operated by ambulance service personnel.

This bill clarifies who can use the emergency blue light. Has this been an issue?

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