Thursday,  February 21, 2013 • Vol. 14--No. 217 • 6 of 31 •  Other Editions

Legislative Update

• Last week we had some fireworks in Commerce and Energy Committee!  Representative Jim Stalzer brought forth three bills pertaining to our July 4th tradition.  One bill (HB 1195) was killed, and two were passed to the floor.  HB 1195 dealt with allowing counties to restrict the discharge of fireworks.  This ultimately had to do with people leaving behind debris resulting from the discharge of fireworks.  The opponents pointed out that we do have laws on the books that address littering, and the committee concurred.  The bill also prompted a discussion on fire danger and public safety.  However, we were reminded that cities can pass local ordinances and there are statewide safeguards in place that allow for bans on discharging fireworks

Brock Greenfield

when drought conditions are present.  Hence, that bill proved to be a "dud" and was killed 9-4.  HB 1194 seeks to allow South Dakotans to discharge fireworks through the weekend following the 4th.  Those supporting the bill pointed out that it would not allow for retailers to sell fireworks beyond July 5, which has been the standard for decades in SD.  What it would do is recognize that when the 4th falls mid-week, some families hold their gatherings/camp-outs the following weekend.  Passage of this bill would allow them to obtain fireworks during the normal allowable period (June 27-July 5) and to hold their fireworks displays up to and including the Sunday following the 4th.
• One other bill (HB 1234) heard in Commerce dealt with public nuisance laws as they relate to public shooting ranges.  We heard proponent testimony from two separate parties who provided evidence that property beyond the shooting ranges had been damaged by stray bullets.  In one case, an individual narrowly missed being struck by a bullet.  He took cover behind a loader bucket until the shooting stopped.  In another case, we were provided photos depicting a house that had been stuck multiple times by stray bullets.  The bill passed out of the committee 12-1, but it has been delayed on the floor while the interested parties consult with the Attorney General's office to see whether the law currently provides the necessary protections, so long as existing laws are properly enforced.
• On the House floor, we passed HB 1209, which prohibits persons from running for office if they owe fines/penalties for failing to file their campaign finance reports in a timely fashion.  From time-to-time, candidates file their reports after the deadline passes.  The law stipulates that they owe $50/day for late reports.  In the instance that they have not satisfied any financial obligations owed to the Secretary of State's

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