Citing concern about free speech, panel amends state seal bill

PIERRE — Lawmakers on Monday voted to protect satirists and others who take artistic liberty with the state seal from jail time.

The House State Affairs Committee opted to amend a proposal that would make it a Class 1 misdemeanor to replicate the state seal in a way that isn't "full and complete" and does not include the state motto "Under God The People Rule."

After hearing concerns from satirists and free speech advocates, Rep. Sue Peterson, R-Sioux Falls, said she altered House Bill 1102 to protect those who use the seal for creative purposes from the penalty.

"We had no intention of limiting free speech," Peterson said. "We merely wanted to be sure that when the seal is used for official purposes and commercial purposes, that it is used according to the specification provided in the constitution and current statute."

More: Bill would subject satirists who get creative with state seal to jail time

Peterson said current law doesn't give the secretary of state enough authority to investigate and penalize those that inaccurately re-create the seal for official or commercial uses.

The American Civil Liberties Union of South Dakota stood to support the amended bill, saying the organization's concerns were alleviated with the amendment.

Rep. Tona Rozum, R-Mitchell, was the only committee member to oppose the measure. She said the bill seemed to replicate existing law.

"To me, this seems like a mandate that's unnecessary because it's already in statute. I don't think we need to add more stuff into statute when the policy exists," Rozum said. "To me, it seems like it's unnecessary."

The panel voted 11-1 to advance the bill. It moves now to the House of Representatives.

Follow Dana Ferguson on Twitter @bydanaferguson, call 605-370-2493 or email dferguson@argusleader.com