Home > 2015 SD Legislative Session > Senate Judiciary has three bills on Thurs Jan 29

Senate Judiciary has three bills on Thurs Jan 29

January 28, 2015

mankicksdoorOn Thursday, January 29th, the Senate Judiciary committee will take on 3 bills.

HB 1036 – SoDakLiberty Posts – Codify legislation enacted in 2014.

This passed the House State Affairs committee and House floor with no opposition. This bill has to be done every year.

SB 37 – SoDakLiberty PostsAdopt the 2008 Uniform Interstate Family Support Act, to repeal the 1996 Uniform Interstate Family Support Act, and to revise certain provisions relating thereto.

The SD Department of Social Services (DSS) requested this bill. The Uniform Interstate Family Support Act (UIFSA) is meant, at least in part, to deal with child support orders when multiple states are involved. Honestly, it doesn’t matter if anyone reads the bill or what is in it. It will pass and our state will have to follow the rules in the act. Too bad, I believe every piece of legislation deserves to truly be scrutinized. Below is a passage from the Uniform Law Commission, I have highlighted the sentence explaining why the SD Legislature will pass this bill no matter what is in it:

The 2008 UIFSA Amendments modify the current version of UIFSA’s international provisions to comport with the obligations of the United States under the 2007 Hague Convention on Maintenance. 2014 federal legislation requires all states to enact the 2008 UIFSA Amendments as a condition of continuing to receive federal funds for state child support programs. Failure to enact these amendments during the 2015 legislative session may result in a state’s loss of important federal funding.

SB 82 – SoDakLiberty PostsUpdate outdated language related to domestic abuse.

Sen Tieszen (R, Dist 34) is the Senate prime sponsor of this bill. This bill would modify language for domestic abuse in one part of code to point at the new language for domestic relationships that was modified last year (§ 25-10-3.1). This only makes sense, it will make it so law enforcement doesn’t have to remember different definitions of domestic relationships for different situations.

Here are the five items listed for the domestic relationship:

  1. Spouse or former spouse
  2. Is in a significant romantic relationship
  3. Has a child or is expecting a child with the abusing party
  4. Parent and child, including a relationship by adoption, guardianship, or marriage
  5. Siblings, whether of the whole or half blood, including a relationship through adoption or marriage

Will there be resistance to this because “is in a significant romantic relationship” can mean gay couples? There shouldn’t be, but you never know.

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  1. January 28, 2015 at 11:16 pm
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