76th Legislative Session _ 2001

Committee: House Judiciary
Saturday, February 24, 2001

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
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

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Chairman Jarvis Brown

MOTION:     TO APPROVE THE MINUTES OF FEBRUARY 23, 2001

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

22rf
     On page 2, line 5 of the Senate engrossed bill, after " intent. " insert "No street address of a sex offender may be posted on the internet pursuant to this Act.".

Moved by:    Sebert
Second by:    Madsen
Action:    Was not acted on.

MOTION:     SUBSTITUTE MOTION AMEND SB 22

22rg
     On page 2, line 4 of the Senate engrossed bill, after " available. " insert "No street address of a sex offender may be posted on the internet pursuant to this Act.".

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



22rg
     On page 2, line 4 of the Senate engrossed bill, after " available. " insert "No street address of a sex offender may be posted on the internet pursuant to this Act.".

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

22od
     On the Senate engrossed bill, delete everything after the enacting clause and insert:

"
     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.



MOTION:     TO TABLE AMENDMENT

Moved by:    Madsen
Second by:    Michels
Action:    Failed by roll call vote.(6-7-0-0)

Voting Yes:    Jensen, Madsen, McCaulley, Monroe, Sebert, Michels

Voting No:    Bartling, Gillespie, Hennies (Thomas), Murschel, Nachtigal, Valandra, Brown (Jarvis)

MOTION:     CALL THE QUESTION

Moved by:    Michels
Second by:    McCaulley
Action:    Prevailed by voice vote.

MOTION:     AMEND SB 22

22od
     On the Senate engrossed bill, delete everything after the enacting clause and insert:

"
     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. "



Action:    Prevailed by roll call vote.(7-6-0-0)

Voting Yes:    Bartling, Gillespie, Hennies (Thomas), Murschel, Nachtigal, Valandra, Brown (Jarvis)

Voting No:    Jensen, Madsen, McCaulley, Monroe, Sebert, Michels

MOTION:     DO PASS SB 22 AS AMENDED

Moved by:    Hennies (Thomas)
Second by:    Gillespie
Action:    Prevailed by roll call vote.(8-5-0-0)

Voting Yes:    Bartling, Hennies (Thomas), Jensen, McCaulley, Monroe, Murschel, Valandra, Brown (Jarvis)

Voting No:    Gillespie, Madsen, Nachtigal, Sebert, Michels

MOTION:     TO AMEND TITLE OF SB 22

22ota
     On page 1, line 1 of the Senate engrossed bill, delete everything after " to " and insert "allow for the placement of sex offenders under the age of fifteen on a registry of sex offenders.".

     On page 1 , delete line 2 .

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.

MOTION:     AMEND SB 144

144ra
     On page 1, after line 10 of the Senate Transportation Committee engrossed bill, insert:

"
     Section 2. That chapter 31-28 be amended by adding thereto a NEW SECTION to read as

follows:

     No person may place or maintain any unauthorized sign, signal, marking, or device within any public right-of-way or attach any unauthorized sign, signal, marking, or device to any existing sign or post in a public right-of-way. An initial violation of this section is a petty offense. Any subsequent violation by the same person under substantially similar circumstances is a Class 2 misdemeanor. In addition to any other penalty provided by law, the court, as a part of the sentence, shall assess the actual costs of removing the unauthorized sign, signal, marking, or device.

     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:

     Nothing in this chapter may be deemed to limit or encroach upon the practice and activity of a professional licensed pursuant to chapter 36-18A, performing his or her professional duties."

Moved by:    Michels
Second by:    Jensen
Action:    Prevailed by voice vote.

MOTION:     AMEND SB 144

144ta
     On page 1, line 9 of the Senate Transportation Committee engrossed bill, delete " liable for any " and insert " responsible for the cost of repairing or replacing such markers, signs, signals, barriers, or devices. ".

     On page 1 , delete line 10 .


Moved by:    Michels
Second by:    Bartling
Action:    Prevailed by voice vote.

MOTION:     DO PASS SB 144 AS AMENDED

Moved by:    Michels
Second by:    Madsen
Action:    Prevailed by roll call vote.(7-6-0-0)

Voting Yes:    Bartling, Hennies (Thomas), Jensen, Madsen, Sebert, Michels, Brown (Jarvis)

Voting No:    Gillespie, McCaulley, Monroe, Murschel, Nachtigal, Valandra

MOTION:     TO AMEND TITLE OF SB 144

144ota
     On page 1, line 1 of the Senate Transportation Committee engrossed bill, delete everything after " to " and insert "revise certain provisions regarding signs in any public right-of-way.".

     On page 1 , delete line 2.

Moved by:    Michels
Second by:    McCaulley
Action:    Prevailed by voice vote.

MOTION:     ADJOURN

Moved by:    Bartling
Second by:    Michels
Action:    Prevailed by voice vote.

Jeanne Bullard

____________________________

Committee Secretary
Jarvis W. Brown, Chair


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