93
rd Legislative Session _ 2018
Committee: House Judiciary
Wednesday, February 21, 2018
P - Present
E - Excused
A - Absent
Roll Call
P Barthel
P Diedrich
P Bordeaux
P Jensen (Kevin)
P Kaiser
P Lust
P Peterson (Kent)
P Reed
P Rozum
P Turbiville
P Wismer
P Johns, Vice-Chair
P Stevens, Chair
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Representative Mike Stevens, Chair.
MOTION: TO APPROVE THE MINUTES OF WEDNESDAY, FEBRUARY 14, 2018
Moved by: Peterson (Kent)
Second by: Diedrich
Action: Prevailed by voice vote.
SB 61: revise certain provisions regarding sex offender registration.
Presented by: Marty Jackley, Attorney General
Proponents: Paul Bachand, SD States Attorneys Association
Norman Woods, Family Heritage Alliance Action
Bryan Gortmaker, Department of Criminal Investigation
MOTION: DO PASS SB 61
Moved by: Barthel
Second by: Kaiser
Action: Prevailed by roll call vote. (13-0-0-0)
Voting Yes: Barthel, Diedrich, Bordeaux, Jensen (Kevin), Kaiser, Lust, Peterson (Kent), Reed,
Rozum, Turbiville, Wismer, Johns, Stevens
MOTION: PLACE SB 61 ON CONSENT CALENDAR
Moved by: Turbiville
Second by: Jensen (Kevin)
Action: Prevailed by voice vote.
SB 62: provide for the notification related to a breach of certain data and to provide a penalty
therefor.
Presented by: Marty Jackley, Attorney General
Proponents: Erik Nelson, AARP South Dakota
Curtis Everson, South Dakota Bankers Association
MOTION: AMEND SB 62
62ja
On page 5, of the Senate engrossed bill, delete line 6 and insert "2 of this Act the information
holder".
Moved by: Lust
Second by: Diedrich
Action: Prevailed by voice vote.
MOTION: DO PASS SB 62 AS AMENDED
Moved by: Reed
Second by: Johns
Action: Prevailed by roll call vote. (13-0-0-0)
Voting Yes: Barthel, Diedrich, Bordeaux, Jensen (Kevin), Kaiser, Lust, Peterson (Kent), Reed,
Rozum, Turbiville, Wismer, Johns, Stevens
SB 64: revise certain provisions related to attempted human trafficking in the first degree and
to provide a penalty therefor.
Presented by: Marty Jackley, Attorney General
Proponents: Paul Bachand, SD States Attorneys Association
Norman Woods, Family Heritage Alliance Action
MOTION: DO PASS SB 64
Moved by: Barthel
Second by: Rozum
Action: Prevailed by roll call vote. (13-0-0-0)
Voting Yes: Barthel, Diedrich, Bordeaux, Jensen (Kevin), Kaiser, Lust, Peterson (Kent), Reed,
Rozum, Turbiville, Wismer, Johns, Stevens
MOTION: PLACE SB 64 ON CONSENT CALENDAR
Moved by: Rozum
Second by: Jensen (Kevin)
Action: Prevailed by voice vote.
HB 1170: adopt the uniform law on notarial acts.
Presented by: Representative Johns
Opponents: AJ Franken, Governor's Office
Teresa Bray, office of the Secretary of State, appeared before the committee to answer committee
questions.
MOTION: AMEND HB 1170
1170jf
On page 1, line 12, of the printed bill, after "allows" delete "an".
On page 1, delete line 13, and insert "a notary public".
On page 1, line 14, after "state" insert "and a remotely located individual".
On page 1, line 14, after "sound" insert "or that, as necessary, makes reasonable
accommodations for an individual with vision, hearing, or speech impairments".
On page 2, between lines 4 and 5, insert:
"
(5) "Foreign state," a government other than the United States, a state, or federally recognized
Indian tribe;".
On page 2, line 5, delete "(5)" and insert "(6)".
On page 2, line 7, after "from" delete "a" and after "data" delete "source" and insert "sources".
On page 2, line 8, delete "(6)" and insert "(7)".
On page 2, line 15, delete "(7)" and insert "(8)".
On page 2, line 20, delete "(8)" and insert "(9)".
On page 2, line 22, delete "(9)" and insert "(10)".
On page 2, line 24, delete "(10)" and insert "(11)".
On page 3, between lines 1 and 2, insert:
"
(12) "Outside the United States," outside the geographic boundaries of the United States,
Puerto Rico, the U.S. Virgin Islands, and any territory, insular possession, or other
location subject to the jurisdiction of the United States;".
On page 3, line 2, delete "(11)" and insert "(13)".
On page 3, line 6, delete "(12)" and insert "(14)".
On page 3, between lines 7 and 8, insert:
"
(15) "Remotely located individual," a person who is not in the physical presence of the
notary;".
On page 3, line 8, delete "(13)" and insert "(16)".
On page 3, line 11, delete "(14)" and insert "(17)".
On page 3, line 13, delete "(15)" and insert "(18)".
On page 3, line 16, delete "(16)" and insert "(19)".
On page 3, line 19, delete "(17)" and insert "(20)".
On page 3, line 22, delete "June 30, 2018" and insert "June 30, 2019".
On page 8, delete lines 5 and 6.
On page 9, delete lines 1 to 24, inclusive, and insert "act relating to a statement made in or
signature executed on a record by a remotely located individual if:
(1) The notary public has personal knowledge of the identity of the individual or satisfactory
evidence of the identity of the individual as provided in section 7 of this Act;
(2) The notarial act relates to an electronic record or signature, or the acknowledgment of a
signature on a tangible record;
(3) The notary public is reasonably able to identify the record before the notary public as the
same record in which the remotely located individual made the statement or on which the
remotely located individual executed the signature;
(4) The notary public, or a person acting on behalf of the notary public, creates an audio-visual copy of the performance of the notarial act; and
(5) If a remotely located individual is located outside the United States:
(a) The record is to be filed with or relates to a matter before a court, governmental
entity, public official, or other entity under the jurisdiction of the United States,
involves property located in the territorial jurisdiction of the United States, or
involves a transaction substantially connected with the United States;
(b) The act of making a statement or signing the record is not prohibited by the foreign
state that the remotely located individual is located.
In addition to the methods permitted by section 7 of this Act, a notary public has satisfactory
evidence of the identity of a remotely located individual if the notary public reasonably can identify
the individual by at least two forms of identity proofing.".
On page 10, line 3, after "individual" insert "located in a foreign state".
On page 10, line 3, delete "required by".
On page 10, line 4, delete "section 20 of this Act must" and insert "must also".
On page 10, line 5, delete "was located outside the notary's physical" and insert "was physically
located in a foreign state".
On page 10, line 6, delete "presence".
On page 10, line 8, delete "video and audio" and insert "audio-visual".
On page 10, line 9, delete everything after "technology" and insert " for ten years from the date
of performance. Upon suspension or revocation of a notary public's commission or upon death or
incapacity, the notary public or guardian, conservator, or personal representative of an incapacitated
or deceased notary public shall retain a copy of the notarial act for ten years. In lieu of retaining
copies as required by this section, the copies may be held by a repository designated by or on behalf
of the notary public.
The notary public shall notify the secretary of state of the location where the copies are
maintained, including any changes in location or status. Notification shall be on a form created by
the secretary of state.".
On page 10, delete line 10.
On page 11, line 4, delete "section 20" and insert "section 19".
On page 11, line 6, delete "section 22" and insert "section 21".
On page 11, line 20, delete everything after "." .
On page 11, delete lines 21 and 22.
On page 14, delete lines 14 to 24, inclusive, and insert:
"
If a notarial act involves a statement made or a signature executed on a record by a remotely
located individual, the certificate of a notarial act required by section 19 of this Act and the short
form certificate required by section 21 of this Act must also indicate the individual was remotely
located. A short form certificate for a notarial act subject to this section is sufficient if it is in the
form provided by section 19 of this Act and substantially states, "This notarial act involved a
statement made or a signature executed by a remotely located individual using communication
technology.".".
Delete pages 15 and 16, inclusive.
On page 17, delete lines 1 to 5, inclusive.
On page 17, line 12, delete everything after "." .
On page 17, delete lines 13 to 15, inclusive.
On page 18, line 16, delete everything after "." and insert "A journal".
On page 18, line 17, delete ", it" and after the second format insert ".".
On page 18, delete line 18.
On page 19, delete lines 6 to 16, inclusive, and insert:
"
Upon suspension or revocation of a notary public's commission or upon death or incapacity, the
notary public or guardian, conservator, or personal representative of an incapacitated or deceased
notary public shall retain the journal for ten years. In lieu of retaining a journal as required by this
section, the journal may be held by a repository designated by or on behalf of the notary public.
The notary public shall notify the secretary of state of the location where the notary public's
journal is maintained, including any changes in location or status. Notification shall be on a form
created by the secretary of state.".
On page 19, line 24, delete everything after "." and insert "Notification shall be on a form
created by the secretary of state.".
Delete pages 20 and 21, inclusive
On page 22, delete lines 1 and 2.
On page 23, delete lines 19 to 24, inclusive.
Delete page 24.
On page 25, delete lines 1 to 8, inclusive.
On page 25, line 10, delete "July 1, 2018" and insert "July 1, 2019".
On page 25, line 12, delete "2018" and insert "2019".
On page 25, line 13, delete "July 1, 2018" and insert "July 1, 2019".
On page 25, line 15, delete "July 1, 2018" and insert "July 1, 2019".
On page 26, line 5, delete "petty offense" and insert "Class 2 misdemeanor".
Moved by: Rozum
Second by: Peterson (Kent)
Action: Prevailed by voice vote.
MOTION: DO PASS HB 1170 AS AMENDED
Moved by: Rozum
Second by: Kaiser
Action: Prevailed by roll call vote. (13-0-0-0)
Voting Yes: Barthel, Diedrich, Bordeaux, Jensen (Kevin), Kaiser, Lust, Peterson (Kent), Reed,
Rozum, Turbiville, Wismer, Johns, Stevens
HB 1281: revise certain provisions regarding persons on probation and to declare an
emergency.
Proponents: Paul Bachand, SD States Attorneys Association
Greg Sattizahn, Unified Judicial System
Charles McGuigan, Office of the Attorney General
MOTION: AMEND HB 1281
1281wa
On page 1, line 10, of the printed bill, after "Corrections" insert ", or any other lawful sentence".
Moved by: Kaiser
Second by: Diedrich
Action: Prevailed by voice vote.
MOTION: DO PASS HB 1281 AS AMENDED
Moved by: Johns
Second by: Reed
Action: Prevailed by roll call vote. (13-0-0-0)
Voting Yes: Barthel, Diedrich, Bordeaux, Jensen (Kevin), Kaiser, Lust, Peterson (Kent), Reed,
Rozum, Turbiville, Wismer, Johns, Stevens
HB 1283: revise certain provisions regarding appeals from small claims court proceedings.
Presented by: Representative Livermont
Proponents: Representative May
Dave Hancock, self, Martin
MOTION: DEFER HB 1283 TO THE 41ST LEGISLATIVE DAY
Moved by: Kaiser
Second by: Barthel
Action: Prevailed by roll call vote. (13-0-0-0)
Voting Yes: Barthel, Diedrich, Bordeaux, Jensen (Kevin), Kaiser, Lust, Peterson (Kent), Reed,
Rozum, Turbiville, Wismer, Johns, Stevens
HB 1132: revise the minimum age requirements for the consumption of alcoholic beverages
by certain active duty members of the military.
Presented by: Representative Turbiville
Proponents: Jeremiah Murphy, Republic National Distributing Company
Opponents: Robert Riter, South Dakota Beer Distributers Association
MOTION: AMEND HB 1132
1132aa
On the printed bill, delete everything after the enacting clause and insert:
"
Section 1. That chapter 35-2 be amended by adding a NEW SECTION to read:
Notwithstanding the provisions of §§ 35-2-6.4 and 35-4-52, a manufacturer, wholesaler, or an
agent of a manufacturer or wholesaler may enter into a sponsorship or advertising agreement with
a retailer licensee if the retailer licensee has on the licensed premises at least one room or area for
which the maximum occupancy approved by the state fire marshal under § 34-29B-2 is at least seven
hundred fifty persons."
Moved by: Reed
Second by: Peterson (Kent)
Action: Prevailed by voice vote.
MOTION: AMEND TITLE OF HB 1132
1132ata
On page 1, line 1 of the printed bill, delete everything after "revise the" and insert "sponsorship
and advertising agreements between certain alcoholic beverage licensees.".
On page 1, delete line 2.
Moved by: Rozum
Second by: Jensen (Kevin)
Action: Prevailed by voice vote.
MOTION: DO PASS HB 1132 AS AMENDED
Moved by: Barthel
Second by: Reed
Action: Prevailed by roll call vote. (13-0-0-0)
Voting Yes: Barthel, Diedrich, Bordeaux, Jensen (Kevin), Kaiser, Lust, Peterson (Kent), Reed,
Rozum, Turbiville, Wismer, Johns, Stevens
HB 1285: accommodate legislation regarding community safety zones.
Presented by: Representative Bartling (Handout(s): #1)
Proponents: Staci Ackerman, South Dakota Sheriff's Association
Opponents: Lindsey Riter-Rapp, SD Association of Criminal Defense Lawyers
MOTION: AMEND HB 1285
1285ad
On the printed bill, delete everything after the enacting clause and insert:
" Section 1. That chapter 22-24B be amended by adding a NEW SECTION to read:
Any person who regularly travels to a secondary registered location or address that is located in
the community safety zone, and inhabits the location for more than twenty-four hours shall verbally
notify the law enforcement of jurisdiction prior to arriving at the location or residence.
Section 2. That § 22-24B-23 be amended to read:
22-24B-23. No person who is required to register as a sex offender pursuant to this chapter may
establish a residence or reside within a community safety zone unless:
(1) The person is incarcerated in a jail or prison or other correctional placement which is
located within a community safety zone;
(2) The person is on parole or probation and has been assigned to a halfway house or
supervised living center within a community safety zone;
(3) The person is homeless and has been admitted to a community homeless shelter within
a community safety zone by an appropriate community official;
(4) The person is placed in a health care facility licensed pursuant to chapter 34-12, or
certified under Title XVIII or XIX of the Social Security Act as amended to December 31,
2001, or receiving services from a community service provider accredited or certified by
the Department of Human Services or the Department of Social Services, which is located
within a community safety zone;
(5) The person was under age eighteen at the time of the offense and the offender was not
tried and convicted of the offense as an adult;
(6) The person established and inhabited the residence prior to as of July 1, 2006;
(7) The school, public park, public pool, or public playground was built or established
subsequent to the person's establishing residence at the location; or
(8) The circuit court has entered an order pursuant to § 22-24B-28 exempting the offender
from the provisions of §§ 22-24B-22 to 22-24B-28, inclusive.
A violation of this section is a Class 6 felony. Any subsequent violation is a Class 5 felony. "
Moved by: Kaiser
Second by: Rozum
Action: Prevailed by voice vote.
MOTION: AMEND HB 1285
1285ja
On the previously adopted amendment (1285ad), on line 1 of the first paragraph, delete
"regularly".
On the previously adopted amendment (1285ad), after the period in the first paragraph, insert
"A violation of this section is a Class 1 misdemeanor.".
Moved by: Kaiser
Second by: Bordeaux
Action: Prevailed by voice vote.
MOTION: DO PASS HB 1285 AS AMENDED
Moved by: Reed
Second by: Jensen (Kevin)
Action: Prevailed by roll call vote. (13-0-0-0)
Voting Yes: Barthel, Diedrich, Bordeaux, Jensen (Kevin), Kaiser, Lust, Peterson (Kent), Reed,
Rozum, Turbiville, Wismer, Johns, Stevens
MOTION: AMEND TITLE OF HB 1285
1285ata
On page 1, line 1, of the printed bill, delete "accommodate legislation" and insert "revise certain
provisions".
Moved by: Reed
Second by: Kaiser
Action: Prevailed by voice vote.
MOTION: ADJOURN
Moved by: Bordeaux
Second by: Wismer
Action: Prevailed by voice vote.
Liz Markley
____________________________
Committee Secretary
Mike Stevens, Chair
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