Home > 2015 SD Legislative Session > House Judiciary committee has 6 bills on Weds Feb 18

House Judiciary committee has 6 bills on Weds Feb 18

February 18, 2015

Baby-On-BoardOn Wednesday, February 18th, at 10:00 AM the SD House Judiciary committee will take on 6 bills.

HB 1023 – SoDakLiberty Posts – Prohibit a state officer or employee from having an interest in any contract that the state employee or officer approved, awarded, or administered for one calendar year following termination of state employment.

Rep Mark Mickelson (R, Dist 13) and Sen Larry Tidemann (R, Dist 7) are the prime sponsors. This bill was deferred from a month ago. Here are my notes from then:

This bill would extend the current law keeping a state employee from benefiting from a contract (§ 5-18A-17) to extend one year after employment has ceased. HB 1064 from below actually repeals § 5-18A-17, so the two bills cannot be passed. One or both of these bills are likely being submitted to make a political statement.

HB 1064 – SoDakLiberty PostsProhibit unlawful self-dealing by state officers and employees.

Rep Mark Mickelson (R, Dist 13) and Sen Larry Tidemann (R, Dist 7) are the prime sponsors. This bill was deferred from a month ago. Here are my notes from then:

This will be an interesting hearing to listen to. This bill appears to be fallout from EB5/Bollen/Benda. It creates greater specificity in law prohibiting a state official from creating deals that would benefit them-self. The idea of this bill is sound, I just need to research it more to make sure the actual language is sound.

HB 1205 – SoDakLiberty PostsProvide for the certification by a chief law enforcement officer of the transfer of certain firearms.

Rep Jim Stalzer (R, Dist 11) and Sen Jeff Monroe (R, Dist 24) are the prime sponsors. Section 2 of this Act explains the bill:

   If a chief law enforcement officer’s certification is required by federal law for the making or transfer of a firearm, the chief law enforcement officer shall, within fifteen days of receipt of a request for certification, provide the certification if the applicant is not prohibited by law from receiving or possessing the firearm or is not the subject of a proceeding that could result in the applicant’s prohibition by law from receiving or possessing the firearm. If the chief law enforcement officer is unable to make a certification as required by the section, the officer shall provide the applicant a written notice of the denial and reason for the determination. A chief law enforcement officer is not required to make any certification under this section the officer knows to be untrue, but may not refuse to provide certification based on a generalized objection to a private person or entity making, possessing, or receiving any firearm or any certain type of firearm otherwise permitted by law.

It should be interesting to listen to this hearing to see what law or regulation at the federal level is pushing this.

HB 1212 – SoDakLiberty PostsCriminalize abuse of an unborn child.

Rep Steven Haugaard (R, Dist 10) and Sen Jenna Haggar (R, Dist 10) are the prime sponsors. This bill adds the following line to the code about child abuse:

For purposes of this section, a child conceived, but not born, is deemed a minor.

I don’t really see this bill going anywhere. And if it did I don’t see it being upheld in the courts.

HB 1225 – SoDakLiberty PostsProhibit the unauthorized commercial use of a personality’s right of publicity and provide a civil remedy therefor.

Rep Elizabeth May (R, Dist 27) and Sen Jim Bradford (D, Dist 27) are the prime sponsors. This is an odd bill. There are a ton of potential red flags that fly out when reading it. This seems like a series of lawsuits waiting to happen if passed. The definitions of personality and right of publicity are very vague.

BILLS FOR POSSIBLE ACTION WHICH HAVE HAD PRIOR HEARING.

HB 1163 – SoDakLiberty PostsReinstate certain civil actions for childhood sexual abuse.

Rep Steve Hickey (R, Dist 9) and Sen Troy Heinert (D, Dist 26) are the prime sponsors. I listened to the testimony on this when it was before the committee earlier this year. After hearing the testimony I believe this bill should be killed.

Comments are closed.
%d bloggers like this: