‘Ban on bans’ back in business

Dana Hess, Community News Service
Posted 2/18/20

PIERRE – A bill that would keep municipalities from banning the use of plastic bags got new life on Tueesday as it was reconsidered by the S.D. House of Representatives.

This item is available in full to subscribers.

Please log in to continue

Log in

‘Ban on bans’ back in business

Posted

PIERRE – A bill that would keep municipalities from banning the use of plastic bags got new life on Tueesday as it was reconsidered by the S.D. House of Representatives. 

SB54 was defeated in the House last week, but its sponsor, Rep. Doug Post, R-Volga, asked that it be reconsidered. The vote that defeated the bill was 30-33, with seven members absent. 

The legislation has jokingly been referred to in the Legislature as a “ban on bans.”

During reconsideration, Post said that there were some misconceptions about the bill stifling local control. That control was allotted to businesses that would be allowed to serve their customers as they wish, Post said.  

“Local control does not always mean local government,” Post said. “SB54 is the essence of personal choice.”

Rep. Ryan Cwach, D-Yankton, said municipalities needed to be able to enact bans when they saw their landfills filling up.

“I think it has huge long-term implications,” Cwach said of the legislation. “Let’s give them the flexibility to make the decision when the time comes.”

On its second try, the bill was endorsed by the House on a vote of 46-24. Having already been approved by the Senate, it now goes to Gov. Kristi Noem for her signature.