Jensen For Senate

Legislative Update week 9.                        Representative Kevin Jensen

The package of bills they named the “land owners bill of rights,” HB1185, HB1186 and SB201 all passed, but the controversy is not over. It should have been named the “private pipeline fast track bill of corporate profits.” If you have been following the updates and the news, I guess you know the issue and have formed your own opinion. I believe this trio  of bills does nothing for farmer’s rights that they did not already have, but it does give the CO2 pipeline and electric transmission lines new life. There is already a wind farm planned along Turkey Ridge named the Swan Lake Project that will likely be moving forward; 97 wind turbines along the ridge from Yankton County to Turner County.

In other notable actions, I introduced HB1024. Many people do not realize that if you have a medical marijuana card you cannot own, possess or transport a firearm or ammunition; that is federal law. The Gun Control Act of 1968, 18 U.S.C. § 922 prohibits any person who is an unlawful user of or addicted to any controlled substance, as defined by the Controlled Substances Act of 1970, from shipping, transporting, receiving, or possessing a firearm or ammunition. Until marijuana is legalized under federal law, an individual who is a current user of marijuana is, under federal law, an unlawful user of a controlled substance; and Federal law does not exempt the use of marijuana for medicinal purposes. HB1024 simply requires that this notice be placed on the  application form for a medical marijuana card. It does not stop them from applying, receiving the card or purchasing the marijuana, but it does make them acknowledge they are aware of the law. The Governor signed this bill in February.

Another bill I introduces was HB1035. Since the Enhanced Concealed Carry Permit was passed, the original certificate you would receive from the instructor was valid for up to one year after taking and passing the class. The problem HB1035 fixes started to surface a couple years ago when individuals’ permits needed to be renewed. The renewal certificate was only valid for 6 months. I have many students in my classes who spend their winter in the south. If their permit expires in April or May, they would need to take the class in November or later, and many of them have already headed south. There are a limited number of instructors so finding a class when they return is difficult. HB1035 extends the period the certificate is valid to one year just like the original certificate so they can take the class before they leave and renew their permit when the return and avoid having their permit expire. The Governor signed this bill in February also.

SB203 was introduced by Senator Hoffman, and I was the Prime Sponsor in the House. We talk a lot about protecting our children from everything from social media to trafficking but when it comes to protecting them from physical harm all we do is talk. In the larger school districts many schools are fortunate to have a Resource Officer from the police department or sheriff’s office. In a few of the mid-sized school districts they have taken advantage of the School Sentinel Program. The School Sentinels go to a full 2 week training at DCI at a cost of around $2,000 per staff member. One problem with this program is there is no guarantee that Sentinel will remain at that school district. 

SB203 gives a school district the ability to allow the building principal to give written permission to individuals with a current unrestricted Enhanced Concealed Carry Permit to be armed in the school. The principal knows their staff, they know who should be and who should not be in the school. The principal also knows the background and experience of the individuals to whom they would offer this responsibility. The School board would have to set policy to allow the principal to give this permission.  The law enforcement response time in over 100 of our school districts ranges from 30 minutes to over an hour. Most school shooting incidents last less that ten minutes so the typical law enforcement response turns into an investigation rather than a defensive situation. The rhetoric claiming more guns in schools increases the danger is just that, speculation and theory with no credible studies to prove it. The truth is, these deranged individual committing the atrocities are less likely to choose a school if there is a possibility of being confronted by an armed staff member. SB203 passed almost unopposed in both houses and is on the Governor’s desk.

Next week we will likely know if the Governor will veto any bills, but at this time it appears there may not be any bills she objects to. Next week I will give a brief summary of many of the bills we passed this year that affect your daily life. 

Last week completed my last term in the House of Representatives and I hope to return to Pierre next year in the Senate. I want to thank everyone in District 16 for your support and your trust in the past and hope I can once again have the honor to work for you as your Senator. If you have comments or concerns please use my personal email, kevinj605@gmail.com.