Forget the $33.7 million our current budget is missing: “Under God the People Rule” is missing from some state seals on legislators’ jackets, so let’s put some people in jail!
House Bill 1102 would make it a Class 1 misdemeanor—year in jail, $2,000 fine—to screw up the design of the official state seal:
Any replica, facsimile, or reproduction of the state seal shall be a representation of the full and complete seal and shall include the state motto “Under God The People Rule.” The secretary of state shall conduct an investigation for any violation of this section. If the secretary of state confirms that a violation has been committed, the secretary of state shall issue a cease and desist letter. The secretary of state may refer any violation under this section for enforcement by the attorney general. A violation of this section is a Class 1 misdemeanor [House Bill 1102, language proposed to add to SDCL 1-6-1, 2018.01.18].
The ACLU’s Libby Skarin and Sioux Empire Podcast chief Robert Mehling both tell that Sioux Falls paper that HB 1102 runs afoul of the First Amendment. I’ll tell you HB 1102 is more poorly written pious posing from legislators who apparently don’t have enough to do.
Read that new language carefully:
Any replica, facsimile, or reproduction of the state seal…—So when some poor third-grader struggles to sketch our state flag, which includes our hopelessly intricate state seal, one omitted detail makes that kid a criminal?
…shall be a representation of the full and complete seal and shall include the state motto “Under God The People Rule.”—Full and complete are already redundant. Either word suffices to ensure that the motto must be included. Why does HB 1102 needlessly specify that the motto must be included in each “full and complete” representation? Why does HB 1102 not also specify that each “full and complete” representation must include the smelting furnace, the steamboat, and their upward-spiraling greenhouse gas emissions? Why not specify inclusion of the cattle, the corn, and that hardy farmer (who by God better have his great hat and beard)? Because Rep. Sue Peterson (R-13/Sioux Falls) and her 98 bandwagoning co-sponsors can’t pass up a chance to use their elected position and state law to remind us, “We’re all good Christians, and if you’re not, F— you.”
The secretary of state shall conduct an investigation—Wait: when the Secretary of State reviews petitions, she can’t do anything more than a ministerial review of facial completeness, but if she notices someone used Roman numerals instead of Arabic in a copy of our little sunburst-symbol pile, the secretary can mount an investigation? Abuse the state seal, and the people who notice get grouchy. Abuse the petition process, and people who don’t respect the law get a chance to win elected office. Priorities, anyone?
…the secretary of state shall issue a cease and desist letter—to whom? The artist who draws a state seal with a woman pushing the plow? The printer who puts it on parade stickers? The volunteer who hands the stickers out? The kids who slap the stickers on their foreheads?
A violation of this section is a Class 1 misdemeanor—What exactly is the “violation”? HB 1102 gives no verb telling us what action constitutes a “violation.” It just says what replicas “shall be,” and that’s a linking verb, not an action verb. We can’t arrest a replica for not “being” what it’s supposed to be. So, as with the cease-and-desist letter, who gets arrested, and for doing what? Does this misdemeanor apply only the manufacture of illicit seals, or does it also apply to distribution and possession?
Rep. Peterson evidently spent time talking to almost every legislator in Pierre about House Bill 1102, and 98 legislators decided this unconstitutional, poorly written overreaction was worth debating. Good grief. We already have laws to punish people who misuse the state seal for commercial purposes. Instead of writing your pique into a new state law, wouldn’t it be easier to send your precious jackets back to the women’s prison and ask them to restitch the seals?
This is exactly like the IM #22 trainwreck that makes people scream #VNOE.
I expect there will be much debate on this issue. I, for one, look forward to it and Mr. Sibby’s upcoming testimony in front of the committees. They may send this one to Mr. Heinert’s committee. Why not?
If it speaks, writes, draws or pees, the legislature will try to regulate it.
Grudz, HB1102 is not at all like IM 22:
Robert Mehling responds by posting the satirical seals that HB 1102 would ban:
Spread that word, and vote out everyone who votes for HB 1102.
All of those sponsors need a remedial course in American government. Until then, they should be banned from the Legislature.
Why are they using slave labor to make their goddamn jackets anyway? That should be a goddamn felony.
Charlie Hebdo called. Others, too.
Begging for expensive lawsuits is not the smart thing to do.
But, then, SD lege is running rampant with rocket scientists.
Kiss yer new state pay raise goodbye.
My bad, SD lege is not running rampant wit5h rocket scientists. Please insert this in line 3 above and if you don’t I’ll SOOOOOOOu!
Donald, I understand that slave labor is bad, no matter what we use it for. I wonder, though, if there is some added despicableness to using inmate labor to produce unnecessary luxuries like specially stitched jackets for legislators.
Welcome to Soviet Dakota. Comrade I hear you speak ill of the mother….come with me and read the literature the good brother has left us.
Yes, Cory. These people are entitled fascists.
mfi, or in the words of Ricky from Trailer Park Boys, perhaps our legislature is missing needed “rocket appliances.”
bcb – does your quoting of a rickyism solidify your status as master commenter on this blog? Does a bear $h!t on the pope?
I must confess, bcb, I am not familiar with that movie?, but if you have uttered those words, they are as good as gold. You are the MAN!
mfi, here is a short clip of Ricky using the term (beware as Ricky also drops a few F bombs) during the planning of an ATM heist:
https://www.youtube.com/watch?v=wAIe9QtRKlc
Ryan, in the days of Trump talks it seems Ricky has had a huge influence on our current President’s thought processes. In SD the danger is that our state legislators may also have been influenced by Rickyisms.
Trailer Park Boys is a hilarious canadian TV show about a bunch of folks who live in a trailer park and get into all sorts of debauchery. There have been several movies made as well, but the show is what most people know. Ricky is one of the main characters, and he is a dangerous and funny combination of stupid and confident. His rickyisms are world famous. For some examples:
https://youtu.be/Jfq3c4Cf1Fs
That was funny! Thanks to both of you. Larn something new every day here.
Please legislators deal with real issues that are impacting peoples lives, not some issue that pissed you off like a state seal not being correct. A seal that is incorrect is not going to cause someone to die, go hungry or be homeless. An incorrect state seal is a personal ideological issues.
I’m sure this will consume a lot of time, so that in the end, no real improvements for the citizens of SD will be the result of another legislative session.
Real issues that the legislator should be dealing with are:
-affordable health care and housing,
-lack of EMS crews in many of the rural areas,
-shortages of health care workers,
-struggling rural hospitals and nursing homes,
-shortages of educators,
-lack of a stable state revenue source,
-many rural county and township roads need to be upgraded to meet todays ever increase load sizes,
-most county jails are old or undersized and need to be replaced,
-lack of mental health care,
-addiction problems such as drugs, alcohol, and gambling,
-better programs and services for taking care of the elderly in their own homes.
I would guess that no single topic I mentioned will be addressed this session.
Scott, that’s a very important list. So far, the Legislature appears not to be prioritizing items on that list. But we still have two weeks during which bills may be introduced. Maybe the hard and important bills are still coming.
Ceremonial Deism once again debunked. Take the Deism out of the Ceremony and the law will fall on you like an anvil in a Warner Brother’s cartoon.