Committee: Senate Judiciary
Monday, January 30, 2006
P - Present
E - Excused
A - Absent
Roll Call
P Gray
P Knudson
P Koetzle
P Koskan
P Moore
P Schoenbeck, Vice-Chair
P Abdallah, Chair
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Senator Gene G. Abdallah, Chair
MOTION:
TO APPROVE THE MINUTES OF FRIDAY, JANUARY 27, 2006
Moved by: Knudson
Second by: Schoenbeck
Action: Prevailed by voice vote.
SB 138: require the use of an ignition interlock device in motor vehicles used by
certain persons guilty of a second violation of driving under the influence and to
provide for certain penalties with regard to ignition interlock devices.
Presented by: Senator Stanford Adelstein (Handout #1)
Proponents: Lila Doud, Self, Rapid City, SD
Angi Frederick, Self - Rapid City
MOTION:
DO PASS SB 138
Moved by: Knudson
Second by: Koskan
Action: Was not acted on.
MOTION:
SUBSTITUTE MOTION DEFER SB 138 TO THE 36
TH LEGISLATIVE DAY
Moved by: Moore
Second by: Schoenbeck
Action: Prevailed by roll call vote.(4-3-0-0)
Voting Yes: Koetzle, Moore, Schoenbeck, Abdallah
Voting No: Gray, Knudson, Koskan
SB 139: provide for the impoundment and forfeiture of motor vehicles in connection
with the arrest of persons who have committed certain offenses.
Presented by: Senator Stanford Adelstein (Handout #2)
Proponents: Lila Doud, Self, Rapid City, SD
Angi Frederick, Self - Rapid City
Opponents: Dianna Miller, SD ABATE
Roger Tellinghuisen, SD Trial Lawyers Association
MOTION:
DEFER SB 139 TO THE 36
TH LEGISLATIVE DAY
Moved by: Gray
Second by: Moore
Action: Prevailed by roll call vote.(6-1-0-0)
Voting Yes: Gray, Koetzle, Koskan, Moore, Schoenbeck, Abdallah
Voting No: Knudson
SB 203: make an appropriation for costs related to the statewide sex offender registry
and to declare an emergency.
Presented by: Senator Gene Abdallah
MOTION:
REFER TO Appropriations
Moved by: Koetzle
Second by: Moore
Action: Prevailed by roll call vote.(7-0-0-0)
Voting Yes: Gray, Knudson, Koetzle, Koskan, Moore, Schoenbeck, Abdallah
SB 207: revise certain provisions pertaining to the sale, purchasing, and possession
of products containing pseudoephedrine or ephedrine.
Presented by: Betty Oldenkamp, Secretary, Department of Human Services (Handout #3)
Proponents: Mike Milstead, Minnehaha County Sheriff
Dick Tieszen, SD Sheriffs
Charlie McGuigan, Attorney General's Office
Mike Shaw, Pfizer, Inc.
Terrance Dosch, SD Council of Substance Abuse Directors
Opponents: Shawn Lyons, SD Retailers Association
David Owen, SD Chamber of Commerce & Industry
MOTION:
DO PASS SB 207
Moved by: Knudson
Second by: Koetzle
Action: Prevailed by roll call vote.(7-0-0-0)
Voting Yes: Gray, Knudson, Koetzle, Koskan, Moore, Schoenbeck, Abdallah
SB 208: establish and enhance criminal penalties regarding certain sex offenders.
Presented by: Laurie Feiler, Department of Corrections
Proponents: Charlie McGuigan, Attorney General's Office
MOTION:
DO PASS SB 208
Moved by: Moore
Second by: Koskan
Action: Prevailed by roll call vote.(7-0-0-0)
Voting Yes: Gray, Knudson, Koetzle, Koskan, Moore, Schoenbeck, Abdallah
HB 1063: clarify certain provisions concerning the authority of certain courts to issue
warrants or summonses on indictment.
The gavel was passed to Senator Lee Schoenbeck, Vice-Chair
Presented by: Lynn Sudbeck, Unified Judicial System (Handout #4)
MOTION:
DO PASS HB 1063
Moved by: Knudson
Second by: Koskan
Action: Prevailed by roll call vote.(6-0-1-0)
Voting Yes: Gray, Knudson, Koetzle, Koskan, Moore, Schoenbeck
Excused: Abdallah
MOTION:
PLACE HB 1063 ON CONSENT CALENDAR
Moved by: Koskan
Second by: Knudson
Action: Prevailed by voice vote.
HB 1074: provide for recognition of certain stalking or physical violence protection
orders as foreign domestic violence orders.
Presented by: Representative Joni Cutler
Proponents: Dianna Miller, SD Network Against Family Violence & Sexual Assault
Susan Sheppick, Department of Social Sevices
MOTION:
AMEND HB 1074
Moved by: Knudson
Second by: Gray
Action: Prevailed by voice vote.
MOTION:
DO PASS HB 1074 AS AMENDED
Moved by: Moore
Second by: Gray
Action: Prevailed by roll call vote.(6-0-1-0)
Voting Yes: Gray, Knudson, Koetzle, Koskan, Moore, Schoenbeck
Excused: Abdallah
MOTION:
PLACE HB 1074 ON CONSENT CALENDAR
Moved by: Knudson
Second by: Gray
Action: Prevailed by voice vote.
HB 1094: clarify a custodian's access to certain sealed records.
Presented by: Representative Joni Cutler
MOTION:
DO PASS HB 1094
Moved by: Knudson
Second by: Koskan
Action: Prevailed by roll call vote.(7-0-0-0)
Voting Yes: Gray, Knudson, Koetzle, Koskan, Moore, Schoenbeck, Abdallah
MOTION:
PLACE HB 1094 ON CONSENT CALENDAR
Moved by: Koskan
Second by: Moore
Action: Prevailed by voice vote.
The gavel was returned to Senator Gene G. Abdallah, Chair
HB 1095: clarify the elements of the crime of impersonating another.
Presented by: Representative Joni Cutler
MOTION:
DO PASS HB 1095
Moved by: Knudson
Second by: Koetzle
Action: Prevailed by roll call vote.(6-0-1-0)
Voting Yes: Gray, Knudson, Koetzle, Koskan, Moore, Abdallah
Excused: Schoenbeck
MOTION:
PLACE HB 1095 ON CONSENT CALENDAR
Moved by: Moore
Action: Died for a lack of a second
The Chair deferred HB 1075 until Wednesday, February 1, 2006.
MOTION:
ADJOURN
Moved by: Gray
Second by: Koskan
Action: Prevailed by voice vote.
Rena Ortbahn
____________________________
Committee Secretary
Gene G. Abdallah, Chair
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