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HB 1288: Duvall Adds Protests as Trigger of Governor’s Emergency Powers

Hey, there’s another sneaky anti-protest bill in the hopper, one possibly far worse that Governor Kristi Noem’s much ballyhooed and hallway-booed riot-boosting bill. One of the last bills submitted last week was House Bill 1288 from Representative Mary Duvall (R-24/Pierre). It works some style and form on emergency management laws—striking such, replacing which with that. But down in Section 2, in revising the emergency powers of the Governor, HB 1288 adds disorderly conduct and protests to the conditions under which the Governor may suspend the rules of any state agency.

So wait: if I’m circulating petitions and I gather some friends for a protest to raise awareness of the bad laws signed by the Governor that I want to repeal, the Governor can suspend the petition rules approved by the State Board of Elections and direct the Secretary of State to reject my otherwise legal petitions?

If I rent a booth at the State Fair and allow picketers to peacefully assemble and speak at my both in protest of pipelines and abortion bans and lazy bigots in the Legislature, the Governor can suspend the rules governing the State Fair and revoke my booth and camping permits?

If Yankton residents rally to protest the Governor’s CAFO bribes, the Governor can suspend the rules of the Board of Economic Development and just start writing checks to every CAFO developer in the state without any public hearings?

Maybe I’m misreading HB 1288, but when we see emergency, protests, and Governor… may suspend in the same bill, we should hear alarm bells.

HB 1288 awaits a hearing before House State Affairs.


  1. Kal Lis 2020-02-14 07:44

    If I have been following the Republican legislature correctly the short version is plastic bags are freedom but speech and assembly are not. Did I miss anything?

    Hanlon’s razor is getting a bit dull.

  2. Donald Pay 2020-02-14 10:34

    Mary should know better than this. Any tussle between high school boys, and the Governor gets to call an emergency and unleash government-sponsored lawless terror on the citizens. There’s a lot of bills vying for worst bill of the year. This might be it.

  3. Porter Lansing 2020-02-14 13:34

    In response to legal free speech, the Governor can suspend the rules of any state agency? Wasn’t this riot busting tactic deemed unconstitutional, already? Pretty sneaky but “Cory’s On It”.

  4. leslie 2020-02-14 19:21

    Kristi has truly brought trumplandia to SD w/her baby barr to bounce intelligent legal maneuvers off of…. Deplorable!

  5. leslie 2020-02-14 20:57

    “Its a lot harder to pick on one person (Trump on Vindaman, Yovanovich ect) or a hundred persons, than on a million people….”. PROTEST IN THE MILLIONS!!!

    YALE prof Snyder “ON TYRANNY”

  6. leslie 2020-02-14 21:34

    Lisa Page, FBI lawyer interview after Trump rally “fake orgasm” target.

    STAND UP GOOD PEOPLE OF GOOD CONSCIENCE. Freedom requires pain and sacrifice. SRST shows us. The witnesses against the president in the House impeachment show us. We cannot stand idly by as this mentally ill president keeps squeezing the trigger.

    Our president is a pig. Kristi wants to be one too, speaking from both sides of her mouth re: riot boosting and CAFO deregulation.

  7. Debbo 2020-02-14 21:36

    Leslie, that’s very good, Ravsbutt = baby barr! 😆😆

    There goes Klueless Kristi, attacking South Dakotans’ rights again! What did the citizens of that fair state do to make the SDGOP distrust and disrespect them so much? The message is “Hand us your tax $$, then go home and shut up.”

  8. mike from iowa 2020-02-15 07:32

    What did the citizens of that fair state do to make the SDGOP distrust and disrespect them so much?

    They elected right wing wingnuts. With 6, you get Rick rolled.

  9. Porter Lansing 2020-02-15 08:07

    mfi … I think the majority of SDGOP were kids that weren’t good at sports or ever learned anything about proper competition. Now, they’re overly competitive to the point of selling their dignity and reputation for a chance to salve the childhood memories of being picked on for being weird.

  10. Cory Allen Heidelberger Post author | 2020-02-15 09:09

    Kal Lis, that summary of SDGOP politics is brilliant. “Republican freedom is plastic bags, not free speech” belongs on a billboard.

  11. Sam2 2020-02-15 09:40

    Free speech and peaceful protest are not affected. This will end law breaking protests and riots. When protesters block streets destroy property they have crossed to the criminal element of the law. Criminal behavior needs to be eliminated quickly in these situations.

    I am not a Noem fan however I am a lessor fan of law breakers.

  12. Porter Lansing 2020-02-15 10:05

    Sam2 doesn’t grasp the extent of the powers the Governor would be given. If she can suspend the rules, in effect there are no laws except the laws she claims she has. During the Water Protectors protest, law enforcement broke more laws than the protestors did and the cops broke the laws first. Any violations of law by protestors were in response to what was being done unlawfully to them.

  13. jerry 2020-02-15 13:57

    Taxpayer funded tactical swat teams will kill or maim protesters.

    “The administration of US President Donald Trump has announced plans to deploy highly trained tactical border control agents to so-called “sanctuary cities” across the country to boost arrests of undocumented immigrants.

    Members of the US Customs and Border Protection’s (CBP) Border Patrol Tactical Unit (BORTAC) will be among the officers deployed to cities including Los Angeles, Chicago and New York, to assist Immigration and Customs Enforcement (ICE). ”

    Keep in mind that “sanctuary city” is whatever the hell city or county they decide upon. Private security firms are to expensive, let our taxes pay for our personal beatings and shootings…it’s the new American way.

  14. Debbo 2020-02-15 14:08

    Sam2 said, “When protesters block streets destroy property they have crossed to the criminal element of the law.”

    And those laws they have broken can and are used against them, as they were designed for. Sometimes protesters feel that what they are doing is important enough to risk arrest for breaking a law. That’s a choice free Americans have historically always made, from the American Revolution through the Civil Rights movement to today.

    My question for you is, shouldn’t those same laws apply equally to law enforcement and especially to private security forces?

  15. Porter Lansing 2020-02-15 14:34

    Jerry … That President is assembling an elite force within law enforcement to target a group he views as subhuman. This force will have unlimited authority to arrest and punish. Seventy five years ago they were called Der Gestapo. – BUILD THE OVEN! – Don the Con

  16. jerry 2020-02-15 14:41

    Porter, the leeway given by authorities is that any group viewed as subhuman is vulnerable to this force. In fact, it could be poor white folk who finally have had enough. Democracy has left the building and she ain’t coming back until we have had a legitimate fair vote with all citizens involved.

  17. Cory Allen Heidelberger Post author | 2020-02-16 16:33

    Sam2, the bill inserts “protest” as an item separate from “disorderly conduct.” The term “protest” applies to any of the legal gatherings I outlined above. Please find us the other statutory language that would restrict the scope of HB 1288 to protests in which participants are breaking the law explain how such protests gone bad are not covered by the term “riot” that is already in the statute, or join us in telling the Legislature to kill HB 1288.

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