P - Present
Roll Call
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Chairman Jarvis Brown
MOTION:
TO APPROVE THE MINUTES OF FEBRUARY 23, 2001
E - Excused
A - Absent
P Bartling
P Gillespie
P Hennies (Thomas)
P Jensen
P Madsen
P McCaulley
P Monroe
P Murschel
P Nachtigal
P Sebert
P Valandra
P Michels, Vice-Chair
P Brown (Jarvis), Chair
Moved by: Bartling
Second by: Jensen
Action: Prevailed by voice vote.
SB 144: require any person who tampers or interferes with certain highway markers,
signs, or control devices to be liable for damages.
Presented By: Representative Mike Broderick
Proponents: Bill Nevin (SD Department of Transportation)
Dick Howard (SD County Commissioners Association)
Gail Brock (SD Association of Towns and Townships)
Opponents: Brett Koenecke (SD Designers Association)
Bill Dougherty (Quest Communications)
The Chair deferred SB 144 until end of meeting February 24, 2001.
SB 22: allow for the placement of sex offenders under the age of fifteen on a registry
of sex offenders.
Presented By: Mark Barnett (SD Attorney General)
Proponents: Chuck Schroyer (SD States Attorneys Association)
Opponents: Representative Thomas Hennies (Self)
MOTION:
AMEND SB 22
Moved by: Sebert
Second by: Madsen
Action: Was not acted on.
MOTION:
SUBSTITUTE MOTION AMEND SB 22
Moved by: Jensen
Second by: Sebert
Action: Was not acted on.
MOTION:
CALL THE QUESTION
Moved by: Michels
Second by: Jensen
Action: Prevailed by voice vote.
MOTION:
SUBSTITUTE MOTION AMEND SB 22
Action: Was not acted on.
MOTION:
DO PASS SB 22 AS AMENDED
Moved by: Michels
Second by: Madsen
Action: Was not acted on.
MOTION:
SUBSTITUTE MOTION AMEND SB 22
"
Section 1. That
§
22-22-31
be amended to read as follows:
22-22-31.
Any person residing in this state who has been convicted whether upon a verdict or
plea of guilty or a plea of nolo contendere, or who has received a suspended imposition of sentence
which has not been discharged pursuant to
§
23A-27-14 prior to July 1, 1995, for commission of a
sex crime, as defined in
§
22-22-30, or any person who is a juvenile fifteen years of age or older
adjudicated of a sex crime, as defined in subdivision 22-22-30(1) or (9), or of felony sexual contact,
as defined in
§
22-22-7.2,
or upon order of the court any juvenile under fifteen years of age
adjudicated of a sex crime, as defined in subdivision 22-22-30(1) or (9),
shall, within ten days of
coming into any county to reside or temporarily domicile for more than thirty days, register with the
chief of police of the municipality in which the person resides, or, if no chief of police exists, then
with the sheriff of the county in which the person resides. A violation of this section is a Class 1
misdemeanor. However, any subsequent violation is a Class 6 felony. Any person whose sentence
is discharged under
§
23A-27-14 after July 1, 1995, shall forward a certified copy of such formal
discharge by certified mail to the Division of Criminal Investigation and to local law enforcement
where the person is then registered under this section. Upon receipt of such notice, the person shall
be removed from the sex offender registry open to public inspection and shall be relieved of further
registration requirements under this section.
"
Moved by: Hennies (Thomas)
Second by: Gillespie
Action: Was not acted on.
"
Section 1. That
§
22-22-31
be amended to read as follows:
22-22-31.
Any person residing in this state who has been convicted whether upon a verdict or
plea of guilty or a plea of nolo contendere, or who has received a suspended imposition of sentence
which has not been discharged pursuant to
§
23A-27-14 prior to July 1, 1995, for commission of a
sex crime, as defined in
§
22-22-30, or any person who is a juvenile fifteen years of age or older
adjudicated of a sex crime, as defined in subdivision 22-22-30(1) or (9), or of felony sexual contact,
as defined in
§
22-22-7.2,
or upon order of the court any juvenile under fifteen years of age
adjudicated of a sex crime, as defined in subdivision 22-22-30(1) or (9),
shall, within ten days of
coming into any county to reside or temporarily domicile for more than thirty days, register with the
chief of police of the municipality in which the person resides, or, if no chief of police exists, then
with the sheriff of the county in which the person resides. A violation of this section is a Class 1
misdemeanor. However, any subsequent violation is a Class 6 felony. Any person whose sentence
is discharged under
§
23A-27-14 after July 1, 1995, shall forward a certified copy of such formal
discharge by certified mail to the Division of Criminal Investigation and to local law enforcement
where the person is then registered under this section. Upon receipt of such notice, the person shall
be removed from the sex offender registry open to public inspection and shall be relieved of further
registration requirements under this section.
"
Moved by: Michels
Second by: Valandra
Action: Prevailed by voice vote.
SB 144: require any person who tampers or interferes with certain highway markers,
signs, or control devices to be liable for damages.
"
Section 2. That chapter
31-28
be amended by adding thereto a NEW SECTION to read as
follows:
Section 3. That
§
31-28-22
be amended to read as follows:
31-28-22.
Every sign, signal
or
,
marking
, or device
prohibited by
§
§
31-28-19
and
,
31-28-20
, and
section 2 of this Act
is hereby declared to be a public nuisance and the Department of Transportation
is hereby empowered to
or local authorities within their respective jurisdiction may
remove the same
or cause it to be removed without notice.
Section 4. The Department of Game, Fish and Parks or its designee may mark or sign a state
snowmobile trail within any public right-of-way or public land. The Department of Game, Fish and
Parks may place signs within any public right-of-way providing directions to a state owned or
managed public use area.
Section 5. That chapter
31-28
be amended by adding thereto a NEW SECTION to read as
follows:
Moved by: Michels
Second by: Jensen
Action: Prevailed by voice vote.
MOTION:
AMEND SB 144
Moved by: Michels
Jeanne Bullard
Second by: McCaulley
Action: Prevailed by voice vote.
MOTION:
ADJOURN
Moved by: Bartling
Second by: Michels
Action: Prevailed by voice vote.
Committee Secretary
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