Weekly Recap - Week 7
Including this week, there will be two weeks left in this year's Legislative session. These last two weeks will be busy as we get the rest of the House bills out of committee and special appropriations bills off the Senate floor. Last week was busy dealing with a couple of marijuana bills and getting one of my bills, SB 182, out of Joint Appropriations. SB 182 will direct more funds toward the firefighters association for training. If I get the bill passed off the Senate floor, then it will be up to my house prime, Hugh Bartels from Watertown, to get it passed off the House floor.
Last week, I said I would give an update on SB 183, An Act to declare certain contract provisions regarding abortion as unenforceable and to provide a penalty therefor.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That a NEW SECTION be added:
53-9-13. Coerce or compel an abortion--Contract void.
A provision in a contract is void and unenforceable if it in any way:
(1) Coerces, compels, or attempts to compel a pregnant woman to undergo an abortion;
(2) Results in a breach of any term of the contract if a pregnant woman refuses to undergo an abortion; or
(3) Results in the pregnant woman assuming any cost, obligation, or responsibility for refusing to undergo an abortion.
Section 2. That a NEW SECTION be added:
22-17-14. Coercion--Abortion--Misdemeanor or felony.
A person is guilty of a Class 1 misdemeanor if the person:
(1) Coerces, compels, or attempts to compel a pregnant woman to undergo an abortion;
(2) Requires a pregnant woman to agree to a provision that if she refuses to undergo an abortion, it is a breach of a contract; or
(3) Requires a pregnant woman to agree to a provision that results in her assuming any cost, obligation, or responsibility for refusing to undergo an abortion.
A subsequent offense of this section is a Class 6 felony.
Section 3. That § 37-24-12 be AMENDED.
37-24-12. Attorney general's investigative demand for report on suspect practices.
If the attorney general has reason to believe that a person has engaged in, is engaging in, or is about to engage in any act or practice declared to be unlawful by § 37-24-6 or has entered into a contract with a provision that is void and unenforceable under § 53-9-13, and he believes it to be in the public interest that an investigation should be made to ascertain whether a person has in fact engaged in, is engaging in, or is about to engage in any such act or, practice, or contract, he may execute in writing and cause to be served upon any person who is believed to have information, documentary material, or physical evidence relevant to the alleged violation, an investigative demand requiring such person to furnish, under oath or otherwise, a report in writing setting forth the relevant facts and circumstances of which he has knowledge, or to appear and testify, or to produce relevant documentary material or physical evidence for examination, at such reasonable time and place as may be stated in the investigative demand, concerning a provision covered under § 53-9-13 or the advertisement, sale, or offering for sale of any merchandise.
I voted for the bill, and it passed off the Senate floor by a vote of 35 Yeas to 0 Nays and will now head over to the House for its hearing.
SB 187 is one of the two marijuana bills I voted for last week. Personally, I think making the recreational use of marijuana legal is a terrible idea, I did not vote for Amendment A, but the majority of citizens in Lincoln County did. So my vote reflects the will of the people for District 6 and Lincoln County. There are 27 sections to this bill, but the first section speakers to the resonating for the need, and the last section talks to how the Act is effective when one of the following occurs. SB 187 passed off the Senate floor by a vote of 19 Yeas to 16 Nays, and I think this was a good move so that the State will be prepared.
An Act to establish provisions concerning the sale of adult-use retail marijuana.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. The Legislature enacts this legislation to put in place a statutory system of laws for the regulation of the sale, possession, and consumption of adult-use retail marijuana as authorized by the passage of Constitutional Amendment A at the general election on November 3, 2020. Although Amendment A was declared unconstitutional by the circuit court on February 8, 2021, the Legislature recognizes that a majority of voters approved the legalization of the sale, possession, and consumption of adult-use retail marijuana. The Legislature does not endorse the decision of the voters to make lawful the sale, possession, and consumption of adult-use retail marijuana. In recognition of the voters' recent decision on Amendment A, the Legislature believes it necessary to enact this legislation to properly ensure the regulated and enforceable administration of laws concerning the sale, possession, and consumption of adult-use retail marijuana.
Section 27. This Act is effective when one or more of the following occurs:
(1) The South Dakota Supreme Court declares Constitutional Amendment A valid before July 1, 2021, in which case the Act is effective on July 1, 2021, and otherwise, on the date the South Dakota Supreme Court declares Constitutional Amendment A valid;
(2) The federal government decriminalizes or legalizes marijuana before July 1, 2021, in which case the Act is effective on July 1, 2021, and otherwise on the effective date the federal government decriminalizes or legalizes marijuana; or
(3) The voters of this state pass a constitutional amendment or initiated measure decriminalizing or legalizing marijuana that is unchallenged or determined to be valid by the South Dakota Supreme Court.
The other marijuana bill was SB 189, An Act to revise and establish certain provisions related to drug crimes and enforcement and create a penalty therefor. Without getting into the weeds on this bill, SB 189 would have legalized the recreational use of marijuana. I voted for the bill because of the reasons stated above, but the bill failed to pass by a vote of 15 Yeas to 18 Nays. This was a really hard vote for me, and personally, I'm glad it did not pass…
Please contact me with your comments and concerns at herman.otten@sdlegislature.gov