ABATE of South Dakota, Inc.
Home

Mission

Executive Officers

Board of Directors

Chapters

IMPAC

Legislative

Motorcycle Awareness Month

Newsletter

How to Join



South DakotaLegislative Session 2012
Legend:
Red - Alert!...High Priority Bill
Blue - Bill of Concern
Black - Bill of Interest


 

HB 00 2012 Session Update

Crossover week was busy with both committee and floor action. Now bills move to the second body so everyone will be watching the bills for amendments and changes. We have two weeks left of session. Work will begin on all the major funding issues of the budget including education, medicaid and state employee salary increases.

The ABATE bill - SB 140 - repealer of the glazing statute - was signed by the Governor. No other major legislation negatively affecting motorcycles was introduced so that is a good thing.

HB 1039 Exempt certain impaired driving violations...

This bill is a Dept. of Public Safety bill the adds language to 22-6-5.2 - No enhanced penalty may be imposed for any second, third, or subsequent violation, except for an offense pursuant to the provisions of Chapter 32-23, unless the defendant was convicted of or plead guilty or nolo contendere to the prior offense previous in time to committing the relevant second, third, or subsequent offense. This is the last loophole in the DUI statutes. It speaks to committing a 2nd, 3rd DUI prior to being convicted of 1st DUI. Bill came out of committee 9-2. An amendment was proposed to deal with issue if one of the DUI is resolved and then bill was deferred until another day - Rule 5-17. Bill passed House 49-20.Hearing in Senate Judiciary on 2/21.

HB 1055 Shared parenting bill This bill is to require judges to consider the best interests of the child in a joint custody situation as the main priority.Bill passed committee on Wednesday - passed House 58-9 and Senate Judiciary Committee on Friday. Bill passed the Senate 32-0. Bill now goes to Gov's desk.
SB 10 Boating law This bill revises certain provisions pertaining to boating while under the influence. Passed Senate 21-6. Now moves to the House.
SB 23 Controlled substance bill This bill places certain substances on the controlled substances schedule and to declare an emergency. Passed Senate 34-0. Passed House.
SB 53 Accident reports

Permit the Department of Public Safety to require certain accident reports to be filed by electronic means.Bill passed the Senate 32-1.Hearing in House on 2/22.

SB 70 Procedures changes for filing measures Revises the procedure for filing referred laws, initiated constitutional amendments, and initiated measures and to revise certain election provisions and campaign finance requirements for referred laws, initiated constitutional amendments and initiated measures.Passed committee and was re-referred to
Senate Local Govt. Bill passed Senate. Hearing in House Local Govt on 2/21.
SB 68 Statute on rape offense This bill provides that no statute of limitations applies to rape offenses of child under the age of 13. Bill was amended to re-instate a statute of limitations to certain rape offenses but not for those under age 13 or for forcible. Bill passed committee and passed Senate. Hearing in House on 2/22.
SB 16 Manufacturer dealer

This bill defines a final stage manufacturer dealer and to provide for licensing of final stage manufacturer dealers. Bill passed Senate and House committee, passed House. Governor signed.

SB 140 Repeal of motorcycle glazing on windshield This is ABATE's bill to repeal 32-15-4 - glazing material on motorcycles. Bill passed Senate Transportation committee 7-0
and passed Senate on consent calendar. Bill
passed House Trans Committee and House on the consent calendar. Governor signed.
HJR 1004 Legislative Term Limits

This bill proposes a constitutional amendment regarding legislative term limits - 12 years in Senate and House - 6 consecutive terms - to the ballot. Passed the House 43-26. Bill was killed in Senate State Affairs Committee.

SB 86 Limited immunity bill

Bill grants limited immunity from arrest and prosecution for certain alcohol consumption related offenses to persons who assist certain persons in need of emergency assistance or who are themselves in need of emergency assistance.Bill was amended in committee, passed committee and Senate 26-6.

SB 107 Personalized plates Bill revises certain provisions regarding personalized motor vehicle license plates - can't use number one or two numbers.
Includes motorcycles. Passed Senate. Bill passed House.
SB 78 Expunge records Bill allows an arrest to be expunged when the criminal case is dismissed. Amended in committee to allow prosecuting attorney to object to the expungement. Passed committee and passed Senate. Hearing on 2/22 in House
SB 172 Boating DUI Toll any conviction for operation of a boat while under the influence when calculating the number of offeses for enhancement of a driving under the influence charge. Bill was killed in committee
SB 113 License plates Provides for special car plates for reciptents of the silver star medal and bronze star medals. Amended to include other honors in committee and then passed Senate. Bill passed House Trans Committee and is on House floor.
SB 81 License plates Provides for a special license plate for certain person on active duty in the military. Passed Senate.
SB 183 Sexting bill


Establishes the elements of the offense of juvenile sexting and to provide a penalty. Changes the penalty to a misdemeanor. Passed Committee, passed Senate.

HB 1132 Gun bill Bill prohibit businesses and employers from establishing certain policies against the ability of an invitee or employee to store firearms and ammo in a locked motor vehicle parked on the premises. This bill was also introduced last session and failed. Bill passed committee and House 49-15. There is still controversy on this bill as SD
Retailers oppose. It is a question of private rights verses property rights. Bill will be scheduled for hearing sometime this week.
HB 1198 Gun bill Revises the definition of firearm to include certain muzzle-loading and black powder weapons. Amended and passed on House floor.
HB 1202 Driving statute This bill repeals certain provisions regarding reckless and unsafe driving. It is more of a clean-up to remove section on coasting down a hill. Bill passed committee and House 67-0.Bill passed Sen. Trans Committee and is on Senate floor.
HB 1219 DNA bill

Revises certain provisions relating to the process of collecting DNA upon arrest for a qualifying offense. Passed committee, failed on House floor 27-43.

HB 1245 Suspension of drivers license This bill revises certain provisions regarding the suspenion of a drivers license for certain alcohol beverage violations. This changes law to say judges may rather than shall. Passed House.2/21 hearing in the Senate.
HB 1248 Gun bill Provides for exceptions from certain misdemeanor offenses relating to possession of handguns. Passed House 50-18
HB 1253 Religious Code Prohibits the judicial enforcement of any religious codes. Amended and passed committee. Bill passed the House 47-22.