Feeling flighty, the Department of Transportation offers a second bill dealing with aircraft regulations. Unlike House Bill 1042, which merely reduces the penalties for late payment of a registration tax, House Bill 1043 is a whopper. In PDF, HB 1043 runs 48 pages, 1,143 lines of repeal and revision of Title 50, South Dakota's aviation statutes.
At the very bottom of the bill I find a revision to our rules on flying while intoxicated. Here's current statute:
It is a Class 1 misdemeanor to operate an aircraft in this state on any airport, landing field or landing strip, or to operate an aircraft in the air in this state, while in an intoxicated condition or while under the influence of liquor or any accelerating or stupefying drug. Having on or about his person or in his clothing or in or about the aircraft any of such liquor or drug is prima facie evidence of the violation of this law.
Here's how HB 1043 would reword that law:
It is a Class 1 misdemeanor for any person who is under the influence of an alcoholic beverage or any drug, or the combined influence of an alcoholic beverage and any drug to operate an aircraft in the air or on the ground or water. No person may operate an aircraft in the air or on the ground or water who has 0.04 percent or more, by weight, of alcohol in that person's blood.
Evidently we don't have a blood alcohol level set for flying while intoxicated. HB 1043 would set that level at the same percentage we set for commercial drivers and half the blood alcohol content for driving cars and boats.
But HB 1043 also gets rid of what appears to be an open-container and closed-container restriction. Current law appears to say that if a pilot's passengers are having highballs, the pilot can be prosecuted for violating the no-drinking-and-flying law. HB 1043 says go ahead, bring a case of Jack Daniels home on the plane, let the passenegers have at it, but just don't take a sip yourself until you're back on the ground.
Just a misdemeanor??? Really??
The old law covered it all so well--except for boats. This addition of passengers "ok" imbibing covers the state's planes pilots ferrying around whomever.....!
According to war criminal Henry Kissinger,power is an aphrodisiac so any wingnut,power mad politician should be precluded from ever driving,boating,flying or even horse back riding.
Promoting that South Dakota business climate. One rule for the people, another rule for business.
They could better add a law that if the people want less airplanes under tax expense that they do not immediately buy more planes. Rounds did that. In Sioux Falls we voted down a indoor pool and they decided to take some of the money saved and add one and a half million in luxuries to the library that added zero more books. Most Repubicans try to reduce spending but a few will spend more to spite you if you slow up their spending.
Good laws do no good without honest people using them.