Chief justice's power and guns hot topics

The vote was 46-23 in favor. The legislation, House Bill 1078, proceeds now to the Senate for action.

“There’s nothing sinister contained in this bill,” Rep. Brock Greenfield, R-Clark, said.

Those arguing against its passage included Reps. Thomas Brunner, R-Nisland, Mark Willadsen, R-Sioux Falls, and Jim White, R-Huron. They generally described it as the start down a slippery slope.

The legislation is sponsored by Rep. Paul Dennert, D-Columbia. He said the concept is that the elevator would be subject to the lower tax rate for education that is given to agriculture property.

“Drive through the country. Most of these are gone,” Dennert said.

The old elevator would have to be owned by a person engaged in the production of agricultural crops in order to qualify, but the person couldn’t derive any income from storage of crops and couldn’t load or transport any agricultural products onto trains from the facility.

Roger Rix of Groton testified in favor of the legislation during a hearing last week before the House committee on taxation. The state Revenue Department opposed the bill’s passage.

Day 12 (Jan 31): State senators debated whether to add a third time when arrests can be expunged from a person’s record in South Dakota.

Existing law allows an arrest to wiped off the record upon year after the arrest if an accusatory instrument, such as criminal charges, wasn’t filed, or at any time after an acquittal.

Senate Bill 78 would provide a third opportunity: Any time with the consent of the prosecuting attorney after the prosecutor formally dismisses the entire criminal case on the record.

Senate Republican leader Russ Olson of Wentworth told the story of a young woman who was in the wrong place at the wrong time.

She was arrested, but charges weren’t filed. When she later was in the final stage of a job application, she had to answer “yes” on a form asking if she was ever arrested, he said. Olson is the measure’s prime sponsor.

Senators voted 34-0 in favor. The legislation moves to the House of Representatives for further action. The lead sponsor there is Rep. Mitch Fargen, D-Flandreau.

Day 13 (Feb. 1): The state House of Representatives fought hard today about allowing gun owners to take firearms and ammunition in privately-owned vehicles into lots where they are allowed to park, so long as weapon or ammo is locked out of sight in a trunk, glove box or other storage place.

The legislation, House Bill 1132, would prohibit businesses or employers from enacting bans that prohibit firearms and weapons on their properties. Bans at schools and other public places would remain in effect.

The vote was 49-15 in favor. The legislation now moves to the Senate.

A long list of business and commerce organizations sent representatives to testify against the bill at the hearing Jan. 30 by the House committee on judiciary.

Leading the arguments for passage Wednesday was Rep. Gene Abdallah, R-Sioux Falls. Rep. Larry Lucas, D-Mission, argued that business owners should be allowed to set the policy for their property.

Rep. Stace Nelson, R-Fulton, said the bill is identical to one he co-sponsored last year. That measure, House Bill 1204, was killed 12-1 by the House committee on state affairs. Its prime sponsor was Rep. Lance Russell, R-Hot Springs.