Home > 2015 SD Legislative Session > House Judiciary has five bills on Weds Feb 4

House Judiciary has five bills on Weds Feb 4

February 4, 2015

cuffs2On Wednesday, February 4th, at 10:00 AM the SD House Judiciary committee will take on 5 bills.

HB 1128 – SoDakLiberty PostsProtect certain homestead exemption interests during sale of homestead or separation of owners.

Rep Steve Hickey (R, Dist 9) and Sen Arthur Rusch (R, Dist 17) are the prime sponsors of this bill. A lot of this appears to be changing words for clarification. it also notably has the addition of  “a homestead listed for sale”.

HB 1129 – SoDakLiberty PostsRevise the property exempt from process in bankruptcy cases.

Rep Steve Hickey (R, Dist 9) and Sen Arthur Rusch (R, Dist 17) are the prime sponsors of this bill. This adds motor vehicles used for normal activity valued at less than $5,000 to the list of exempt property. It specifically says recreation vehicles like ATV’s and jet-skis don’t count. It also exempts the earned income tax credit portion of any federal income tax refund. I wonder why EITC is called out specifically?

HB 1134 – SoDakLiberty PostsRevise certain provisions concerning the expungement of arrest records.

Rep Dan Kaiser (R, Dist 3) and Sen Arthur Rusch (R, Dist 17) are the prime sponsors. This will fix a situation that happened here in Aberdeen. See this post from Cory Heidelberger over at Madville Times for more details. This bill would remove the requirement of getting the prosecuting attorneys consent to expunge an arrest record.

SB 12 SoDakLiberty Posts – Allow the spouse of an active duty military person to qualify as a resident for a temporary permit to carry a concealed pistol.

The Office of the Attorney General asked for this bill. It passed the Senate Judiciary committee and Senate floor with no opposition. Here are my notes on the bill prior to the Senate Judiciary hearing:

This bill is very simple. Current laws states that active duty military personal with a home record in South Dakota can get a temporary permit to carry a concealed pistol; which must be issued within five days. This bill would extend that same right to the spouse. If I read the bill correctly, it would also appear the spouse must have a home record in South Dakota to receive this temporary permit. I don’t see anyone having problems with extending the right of an active duty service-person to their spouse. Theoretically this will probably be one of the least controversial of gun-related bills that will come up.

HB 1067 – SoDakLiberty PostsEstablish maximum reproduction costs for medical records.

Rep Lee Schoenbeck (R, Dist 5) and Sen Arthur Rusch (R, Dist 17) are the prime sponsors. This bill has been deferred a couple of times. Here are my notes prior to its original hearing date:

Rep Lee Schoenbeck (R, Dist 05) is the prime sponsor of this bill. This one appears to make sure people aren’t paying way too much for medical records requested. It limits the cost to $10 for the first ten pages, and $0.25 each additional page. Incidentally I know many government agencies that charge more than this to get copies of public records.

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