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Senate Judiciary has 3 bills on Thurs Feb 11, making the state collection center less draconian

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109469881On Thursday, February 11, at 8:00 am the SD Senate Judiciary committee will take on 3 bills. This is compiled using the agenda at the time of composing this post. Agendas can and do change!

One way to listen to these meetings live is via the audio links on the Schedule page of the LRC website. While there you can also view the status board for the meetings as they are going on.

SB 123 (SoDakLiberty Posts) – Revise certain provisions limiting the issuance of certain licenses and permits if a debt is being collected by the obligation recovery center.

SoDakLiberty Stance: Undecided
Prime Sponsors: Sen Troy Heinert (D, Dist 26) and Rep Kevin Killer (D, Dist 27) are the prime sponsors.

This of course has to do with the Obligation Recovery Center (ORC) that came from HB 1228 (SoDakLiberty Posts) during the 2015 legislative session. The ORC is the massive debt collection center aimed at South Dakota citizens by the legislature.

Two months ago I wrote three posts about the ORC:

This bill appears to remove some of the really bad parts of the ORC. Here is what SB 123 appears to do:

  • Take away the ORC’s ability to keep people from registering vehicles, renewing drivers licences, hunting licenses, fishing licenses, or camping spots.
  • Removes the state agencies requirement to not allow the actions taken in the first bullet point.
  • Prevents the ORC from sending info to the DMV, DPS, or GFP about debts owed.

I like this bill. Hopefully it is the first step in getting rid of the ORC altogether. But I have a feeling this bill won’t pass, the legislature thinks they will get money out of the ORC…

HB 1059 (SoDakLiberty Posts) – Revise provisions related to the garnishment of debts and property.

SoDakLiberty Stance: Not Opposed
Prime Sponsors: Rep Timothy Johns (R, Dist 31) and Sen Arthur Rusch (R, Dist 17) are the prime sponsors.

I still haven’t listened to testimony on this one. But it appears to be a cleanup bill.

SB 140 (SoDakLiberty Posts) – Eliminate life sentences without parole for defendants under the age of eighteen at the time of the crime.

SoDakLiberty Stance: Undecided
Prime Sponsors: Sen Craig Tieszen (R, Dist 34) and Rep Timothy Johns (R, Dist 31) are the prime sponsors.

Here is the provision being modified.

If the defendant is under the age of eighteen years at the time of the offense and found guilty of a Class A, or B, or C felony, the maximum sentence may be life imprisonment in the state penitentiary. In addition, a term of years in the state penitentiary, and a fine of fifty thousand dollars may be imposed.

So this adds Class C felony to the provisions specific for under 18. It also change from a sentence may be life imprisonment in the state pen to “a term of years” in the state pen.

The post Senate Judiciary has 3 bills on Thurs Feb 11, making the state collection center less draconian appeared first on SoDakLiberty.


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