SB 164: Revising Provisions on Traffic on Municipal Streets Heads to Senate Floor
By Travis Berg
The Senate Judiciary Committee passed a bill that changes who gets money from state highway fines. Currently, the state gets money for offenses like speeding tickets on South Dakota highways, even if those roads run through towns. This proposal keeps money from highway violations in the city, as long as a local law enforcement officer writes the ticket within city limits. Lobbyist and attorney Dick Tieszen says the bill goes against the Constitution because it lets local officials trump state authority.
Dick Tieszen says, "And if the legislature enacts a law that simply diverts these funds by saying that the city can enforce what is clearly preempted, and lies clearly with the state of South Dakota, that too will be unconstitutional."
S-B 164 was killed two weeks ago, but was resurrected Tuesday. It passed on a five to two vote and goes to the Senate floor.
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