Home > 2015 SD Legislative Session > House Judiciary has 8 bills on Fri Jan 30

House Judiciary has 8 bills on Fri Jan 30

January 30, 2015

On Friday, January 30th, at 10:00 AM the SD House Judiciary committee will take on 8 bills. The agenda does say revised, I’m not sure what was revised.

HB 1083 – SoDakLiberty PostsRequire reimbursement to certain entities for fire suppression and extinguishment costs.

1408921533Rep Kaiser (R, Dist 3) is the House prime sponsor of this bill. I spoke with some elected officials in Brown County about this bill. Right now there are rural fire departments that cannot collect funds for a fire set due to negligence. They also cannot get insurance claims from the offenders. This would allow rural fire departments to have the same rights as the bigger fire departments have. Due to the nature of the bill and the number of co-sponsors, I really don’t see there being any reason this bill won’t pass.

HB 1095 – SoDakLiberty PostsProvide access to abandoned cemeteries and private burying grounds.

Rep Stalzer (R, Dist 11) is the House prime sponsor of this bill. This act is simple enough to read. Here is the section of code it would add:

Any person who wishes to visit an abandoned cemetery or private burying ground that is completely surrounded by privately owned land, and that has no available public ingress or egress, has the right to reasonable ingress or egress for the purpose of visiting the cemetery. This right of access to the cemetery extends for visitation and maintenance during reasonable hours. The owner of the land surrounding the cemetery may designate the route for reasonable access. The sheriff of the county in which the abandoned cemetery or private burying ground is located shall enforce the provisions of this section.

I wonder if this has been a problem. I know of a couple of cemeteries that is abandoned and surrounded by private land. But those do have a dirt truck path the farmers have left available. Are there cemeteries that some land owners are not allowing access to?

HB 1099 – SoDakLiberty PostsRevise certain provisions related to transferable interests in limited liability partnerships.

Rep Langer (R, Dist 25) is the House prime sponsor of this bill. I’ll have to listen to the testimony to figure out what is driving this bill.

HB 1119 SoDakLiberty PostsRevise certain adoption proceedings regarding the adult adoption of biological children.

Rep Haugaard (R, Dist 10) is the House prime sponsor of this bill. Here is the sentence being added to code:

If the person being adopted is the biological child of the adoptive parent, the prerequisite of living in the home of the adoptive parent during the person’s minority is waived.

I wonder how often this particular situation happens? It actually sounds like it could be a good change.

HB 1124 – SoDakLiberty PostsAuthorize motor vehicles to exceed the posted speed limit under certain conditions.

Rep Tulson (R, Dist 2) is the House prime sponsor of this bill. This would allow a car to pass a car eight miles per hour over the posted speed limit if all four of the following conditions are met:

            (1)    On a two-lane highway that has one lane for each direction of travel;
            (2)    On a highway with a posted speed limit that is equal to or exceeds sixty-five miles per hour;
            (3)    Overtaking and passing another vehicle proceeding in the same direction of travel; and
            (4)    Passing a vehicle that is moving slower than the posted speed limit.
I think this is a good move. This will allow people to legally pass another car in a more timely fashion. It would only apply to highways of 65 mph or more.

SB 14 – SoDakLiberty Posts – Provide for the possession and administration of opioid antagonists by first responders for the treatment of drug overdoses.

This bill was amended in the Senate Health committee. It then passed the committee and House floor with no opposition. Here is part of what I had to say about the bill preceding the Senate committee hearing:

The Office of the Attorney General asked for this bill. This bill allows first reponders to use opioid antagonists when dealing with overdoses. Here is the definition of opioid antagonists from drugs.com:

opioid antagonists

Definition: agents such as naloxone and naltrexone that have high affinity for opiate receptors but do not activate these receptors. These drugs block the effects of exogenously administered opioids such as morphine, heroin, meperidine, and methadone, or of endogenously released endorphins and enkephalins.

SB 15 – SoDakLiberty Posts – Allow for discretionary appeals of illegal sentences.

This bill passed the Senate Judiciary and Senate floor with no opposition. Here are part of my notes preceding the Senate committee meeting:

This bill will add an additional section to the portion of codified law dealing with Appeals to the Supreme Court (§ 23A-32). Here is the section to be added:

An appeal to the Supreme Court may be taken by the state or the defendant from an order granting or denying a motion to correct an illegal sentence or an order granting or denying a motion to correct a sentence imposed in an illegal manner. An appeal under this section is not a matter of right but of sound judicial discretion. An appeal from an illegal sentence shall be taken in the same manner as an intermediate appeal pursuant to subdivision 15-26A-3(6).

I still need to listen to the testimony to find out why may was used instead of shall.

SB 18 – SoDakLiberty PostsEstablish certain administrative provisions regarding charitable raffles, lotteries, and bingo and to make violations of these provisions subject to the Deceptive Trade Practice and Consumer Protection Act.

This bill passed Senate Commerce and the Senate floor with no opposition. Here are my notes on the bill preceding the Senate committee hearing:

This bill is one of a few coming directly as a result of the crazy 2014 election (for anyone curious, just Google search ‘Bosworth raffle scam’). SB 18 is at the request of the SD AG’s office. This bill adds a new section to code which includes:

  • Lotteries cannot continue for more than 18 months after the first ticket is sold.
  • If the drawing cannot be held at the 18 month mark, then all ticket holders should be notified that they can get a full refund.
  • If the purchasers do not notify that they want the refund within 180 days, then the money will be placed in the Unclaimed Property fund.

This is one of the few times I actually agree with money going to unclaimed property. At least the money can sit there, instead of in the pockets of anyone wishing to scam people via fraudulent raffles.

This bill also has a couple of minor language cleanups. I don’t see any reason the AG, Jackley, won’t get this one passed by the legislature. It would be interesting to sit in on the hearing if Bosworth chose to show up and speak against the bill though…

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