2017 Senate Bill 176 - Senate

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State of South Dakota  

392Y0633   SENATE ENGROSSED    NO.  SB 176 -  2/23/2017  
This bill has been extensively amended (hoghoused) and may no longer be consistent with the original intention of the sponsor.
Introduced by:    The Committee on State Affairs

        FOR AN ACT ENTITLED, An Act to authorize the creation of public safety zones, to authorize certain actions to be implemented by the Governor and to provide certain penalties.
    Section 1. That chapter 34-48A be amended by adding a NEW SECTION to read:
    Upon the occurrence of an event that may consume significant public resources, poses a threat to public or private property, and poses a threat to the health and welfare of the public, the Governor may declare any location within the state to be a public safety zone and issue an order authorizing any action provided for under § 34-48A-5, 34-48A-6, 34-48A-32, 34-48A-34, 34-48A-36, 34-48A-41, 34-48A-46, 34-48A-47, 34-48A-48, 34-48A-49, 34-48A-51, or 34-48-53, without declaring an emergency or disaster, within the public safety zone and within one mile thereof.
    Section 2. That § 34-48A-5 be amended to read:
    34-48A-5. In the event of disaster, war, act of terrorism as defined in state law, or emergency that is beyond local government capability, the Governor:
            (1)    May assume direct operational control over all or any part of the emergency

management functions within the state which may affect all or any portion of the state;

            (2)    May declare an emergency or disaster to exist in the stricken area and employ emergency management to assist local authorities to affect relief and restoration;
            (3)    May call upon and use any facilities, equipment, other nonmedical supplies, and resources available from any source, other than personal or private funds, in order to carry out the purposes of this chapter by contributing to the expense incurred in providing relief in such amounts as the Governor shall determine. However, nothing in this subdivision may be construed to authorize the taking of firearms, as defined in subdivision 22-1-2(16), without the consent of the owner;
            (4)    May suspend the provisions of any rules of any state agency, if strict compliance with the provisions of the rule would in any way prevent, hinder, or delay necessary action in managing a disaster, war, act of terrorism, or emergency, including fire, flood, earthquake, severe high and low temperatures, tornado storm, wave action, oil spill, or other water or air contamination, epidemic, blight, drought, infestation, explosion, riot, or hostile military or paramilitary action, which is determined by the Governor to require state or state and federal assistance or actions to supplement the recovery efforts of local governments in alleviating the damage, loss, hardship, or suffering caused thereby;
            (5)    May control the ingress and egress in a designated disaster, public safety zone, or emergency area, the movement of vehicles upon highways within the area, the movement of persons within the area, and the occupancy of premises within the area;
            (6)    May procure, acquire, store, distribute, and dispense any pharmaceutical agents or medical supplies located within the state as may be reasonable and necessary to

respond to the disaster, emergency, or act of terrorism;

            (7)    May appoint and prescribe the duties of such out-of-state health care providers as may be reasonable and necessary to respond to the disaster, emergency, or act of terrorism;
            (8)    May provide for the examination and safe disposal of any dead body as may be reasonable and necessary to respond to the disaster, emergency, or act of terrorism; and
            (9)    May provide for the protection, construction or reconstruction, repair, and maintenance of public or private transportation facilities.
    The powers granted to the Governor under this section shall remain in effect for a period of six months and may be restored for one or more successive six-month periods by declaration of the Governor that the conditions permitting such powers persist.
    Section 3. That § 22-35-6 be amended to read:
    22-35-6. Any person who, knowing that he or she is not privileged to do so, enters or remains in any place where notice against trespass is given by:
            (1)    Actual communication to the person who subsequently commits the trespass;
            (2)    Posting in a manner reasonably likely to come to the attention of trespassers; or
            (3)    Fencing or other enclosure which a reasonable person would recognize as being designed to exclude trespassers;
is guilty of a Class 2 misdemeanor. However, if such the trespasser defies an order to leave, personally communicated to him or her by the owner of the premises or by any other authorized person, the trespasser is guilty of criminal trespass, which is a Class 1 misdemeanor.
    If the trespasser defies a posted order not to enter a public safety zone established under chapter 34-48A, the trespasser is guilty of aggravated criminal trespass, which is a Class 1

misdemeanor. The trespasser shall be sentenced to county jail for a period of not less than ten days and none of the sentence may be suspended.
    Section 4. That chapter 22-35 be amended by adding a NEW SECTION to read:

    If a person is convicted of aggravated criminal trespass and the person has been convicted within the past two years of the same offense, the person is guilty of a Class 6 felony.
    Section 5. That chapter 22-35 be amended by adding a NEW SECTION to read:
    Any conviction or plea of guilty, occurring within two years, for or to an offense in another state which, if committed in this state, would be a violation of § 22-10-1 or 22-10-11 shall be used to determine if the violation being charged is a first or second offense.
    Section 6. That chapter 22-35 be amended by adding a NEW SECTION to read:
    In any criminal case for aggravated criminal trespass brought pursuant to the § 22-35-6, whether brought by information or indictment, a separate supporting information shall allege, in addition to the principal offense charged, any former conviction within two years of the date the newly alleged offense occurred. If the information is in two separate parts, each part shall be signed by the prosecutor. If the underlying charge is brought by indictment the part two information shall be signed by the prosecutor. In the first part the particular offense with which the accused is charged shall be set out, and in the other part any former conviction shall be alleged.
    Section 7. That chapter 5-4 be amended by adding a NEW SECTION to read:
    Upon the request of the Governor, the commissioner of school and public lands may prohibit any group larger than twenty persons from congregating upon any tract of land under the supervision of the commissioner of school and public lands, if the prohibition is necessary to preserve the undisturbed use of the land by the lessee or if the land may be damaged by the activity.
    Section 8. That chapter 16-18 be amended by adding a NEW SECTION to read:
    The Chief Justice of the South Dakota Supreme Court may waive any requirement of § 16-18-2 and admit any attorney licensed in the another jurisdiction within the United States, for a period not to exceed one year, for the limited purpose of defending any defendant charged with violation of a public safety zone established under chapter 34-48A if the Chief Justice deems that the waiver is necessary in the interest of the sound administration of justice.
    Section 9. That § 32-30-2.4 be amended to read:
    32-30-2.4. The Department of Transportation with respect to highways under its jurisdiction may promulgate rules pursuant to chapter 1-26 to prohibit or restrict the stopping, standing, or parking of vehicles or the presence of any person standing outside of a motor vehicle, on any highway or highway right-of-way if such stopping, standing, or parking, or presence of any person standing is dangerous to those using the highway or if the stopping, standing, or parking of vehicles or the presence of persons outside of a motor vehicle would unduly interfere with the free movement of traffic thereon on the highway. If such a rule is promulgated, the highway shall be signed to indicate where such stopping, standing, or parking is prohibited. The secretary of transportation may establish a temporary no parking zone, not to exceed ninety days, if the secretary of public safety and the secretary of transportation, after consultation with the director of the highway patrol, agree that a no parking zone is necessary for the protection of life and property. Such The signs are official signs and no person may stop, stand, or park any vehicle or stand outside a motor vehicle in violation of the restrictions stated on such the signs. A violation of this section is a Class 2 misdemeanor.
    Section 10. That chapter 22-18 be amended by adding a NEW SECTION to read:
    Unless otherwise directed by law enforcement or other emergency personnel or to seek assistance for an emergency or inoperable vehicle, no person may stand upon the paved or

improved or main-traveled portion of any highway with intent to impede or stop the flow of traffic. A violation of this section is a Class 1 misdemeanor.
    Section 11. The provisions of this Act are repealed on July 1, 2020.