2019 House Bill 1130 - House Judiciary

State of South Dakota  
NINETY-FOURTH SESSION
LEGISLATIVE ASSEMBLY, 2019  

490B0698   HOUSE JUDICIARY ENGROSSED    NO.  HB 1130 -  2/22/2019  
This bill has been extensively amended (hoghoused) and may no longer be consistent with the original intention of the sponsor.
Introduced by:    Representative Haugaard
 

        FOR AN ACT ENTITLED, An Act to revise provisions regarding certain Class 2 misdemeanors.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
    Section 1. That § 32-25-7 be amended to read:
    32-25-7. The Transportation Commission may establish, by rules promulgated pursuant to chapter 1-26, a maximum speed limit of less than that established by §§ 32-25-1.1 and 32-25-4 upon any highway or portion of highway under the jurisdiction of the Department of Transportation, and any portion of highway under the jurisdiction of a state or federal agency if requested by the agency. The speed limit established by the commission is the maximum speed that any person may drive or operate any vehicle or class of vehicle upon that portion of highway. The Department of Transportation shall conspicuously post signs at the beginning and end of a portion of highway to show the maximum speed limit established by the commission on that portion of highway. A violation of any maximum speed limit established by the commission pursuant to this section is a Class 2 misdemeanor petty offense. Notwithstanding

§§ 23-1A-22 and 23-1A-23, the amount of a penalty imposed under this section shall be equal to a Class 2 misdemeanor under § 22-6-2 and shall be distributed in accordance with § 23-3-52.
    Section 2. That § 32-21-30 be amended to read:
    32-21-30. The driver of a motor vehicle shall comply with any lawful order, signal, or direction of a peace officer; submit to any lawful inspection under this chapter, and comply with the provisions or requirements of a warning ticket issued by a peace officer. A violation of this section is a Class 2 misdemeanor petty offense. Notwithstanding §§ 23-1A-22 and 23-1A-23, the amount of a penalty imposed under this section shall be equal to a Class 2 misdemeanor under § 22-6-2 and shall be distributed in accordance with § 23-3-52. Venue of a violation of this section shall be in the county where such offense takes place, or in which such warning ticket is issued and delivered, and, in the event such county is unorganized, trial shall be had in the county to which it is attached for judicial purposes.
    Section 3. That § 32-5-98 be amended to read:
    32-5-98. Except as otherwise specifically provided, no person may operate or drive a motor vehicle on the public highways of this state unless the vehicle has a distinctive number assigned to it by the department, and two number plates, bearing the number conspicuously displayed, horizontally and in an upright position, one on the front and one on the rear of the vehicle, each securely fastened. The plates shall at all times, as far as is reasonably possible, be kept clear and free of mud, ice, or snow so as to be clearly visible. All number plates, markers, or stamps evidencing registration or licensing of any vehicle in this or any foreign state, territory, district, or possession and any plate, marker, or stamp used in substitution for or in lieu of the number plates required by this section by virtue of any law or executive order for any prior year or years shall be removed from such vehicles. A motorcycle is only required to display one number plate. The motorcycle plate may be mounted in any visible manner other than upside down. A

violation of this section is a Class 2 misdemeanor petty offense. Notwithstanding §§ 23-1A-22 and 23-1A-23, the amount of a penalty imposed under this section shall be equal to a Class 2 misdemeanor under § 22-6-2 and shall be distributed in accordance with § 23-3-52.

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