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South Dakota Gov Signs Fantastic Emergency Powers Law Addition!!


Gary Slider
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South Dakota -   The Governor has signed HB 1296 that added section 34-48A-5.1  to the state statutes and it went into effect immediately. This provision expanded Firearms protections further than any other state has to my knowledge.  You should read it as it will make your day! You can read the bill at https://mylrc.sdlegislature.gov/api/Documents/70292.pdf

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11 minutes ago, DWARREN123 said:

I like part of that especially about no one in the state being able to curtail firearms ownership but some of the other areas may be crossing the line somewhat.

At least it is something.

Of all the edicts publicized recently, very few have reiterated the individuals rights.  They primarily are asserting the government's control over your rights.

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The Kansas Legislature did basically the same thing on March 19,

 

Well it looks as if the Kansas Legislature is doing something to make sure the Governor doesn't get to over zealous with her powers after declaring a "State Of Disaster Emergency" .  

 

Brief* HCR 5025, as amended, extends the Governor’s March 12, 2020, state of disaster emergency declaration for the State regarding novel coronavirus (COVID-19) through May 1, 2020, subject to additional extensions by concurrent resolution of the Legislature. The resolution provides that if the Legislature is not in session, the Governor could apply to the State Finance Council to extend the state of disaster emergency declaration, and the Council could authorize additional extensions of the declaration for specified periods of up to 30 days each, by a majority vote of the legislative members of the Council. The resolution further states the Governor shall not have the power or authority pursuant to either the statutory powers of the Governor during a state of disaster emergency, or any other executive authority to: ● Temporarily or permanently seize, or authorize seizure of, any ammunition or to suspend or limit the sale, dispensing, or transportation of firearms or ammunition [KSA 2019 Supp. 48-925(c)(8)]; ● Utilize all available resources of the state government and of each political subdivision as reasonably necessary to cope with the disaster [KSA 2019 Supp. 48-925(c)(2)];  

● Subject to any applicable requirements for compensation under current law, commandeer or utilize any private property if the Governor finds such action necessary to cope with the disaster [KSA 2019 Supp. 48-925(c)(4)]; ● Control ingress and egress of persons and animals to and from a disaster area, the movement of persons and animals within the area and the occupancy by persons and animals of premises therein [KSA 2019 Supp. 48-925(c)(7)]; ● Suspend or limit the sale, dispensing, or transportation of alcoholic beverages, explosives, and combustibles [KSA 2019 Supp. 48-925(c)(8)]; or ● Perform and exercise such other functions, powers, and duties as are necessary to promote and secure the safety and protection of the civilian population [KSA 2019 Supp. 48-925(c)(11)]. Background HCR 5025 was introduced by Representatives Ryckman, Sawyer, Finch, Hawkins, and Winn in the House Committee of the Whole on March 13, 2020, and was adopted by the Committee of the Whole on the same date. On March, 18, 2020, the Senate amended the resolution on final action by modifying the extension date, specifying the method of obtaining, and length of future extensions of the related disaster emergency declaration; and inserting provisions related to limiting certain powers of the Governor during the term of the disaster emergency declaration. The Senate Committee of the Whole adopted the amended resolution on the same date.

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