House Judiciary Minutes 01/24/2007 7:45 AM

82^nd Legislative Session _ 2007

Committee: House Judiciary

Wednesday, January 24, 2007

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Buckingham
P    Engels
P    Feinstein
P    Gillespie
P    Gilson
P    Hunt, Vice-Chair
P    Lust
P    Moore
P    Peters
P    Vanneman
P    Vehle
P    Willadsen
P    Cutler, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Representative Cutler, Chair

MOTION:     TO APPROVE THE MINUTES OF JANUARY 22, 2007

Moved by:    Lust
Second by:    Gilson
Action:    Prevailed by voice vote.

         HB 1016: exempt law enforcement and emergency vehicle accidents and convictions from certain driving records.

Presented by:    Neil Fulton, Governor's Office
Proponents:    Dick Tieszen, State Farm Insurance

MOTION: AMEND HB 1016

On page 2 of the printed bill, delete lines 2 to 4 , inclusive, and insert " No accident may be entered on the driving record of a law enforcement officer, firefighter, or emergency medical technician if such accident resulted from the law enforcement officer's, firefighter's, or emergency medical technician's response to a call of duty as a law enforcement officer, firefighter, or emergency medical technician and the law enforcement officer, firefighter, or emergency medical technician was lawfully engaged in the performance of official duties and was driving an official vehicle. Such accident shall be recorded separately. The separate record is not available to the public, except pursuant to court order or subpoena. ".

On page 2 , line 10, delete everything after " department. " and insert " No accident may be entered on the driving record of a law enforcement officer, firefighter, or emergency medical technician if such accident resulted from the law enforcement officer's, firefighter's, or emergency medical technician's response to a call of duty as a law enforcement officer, firefighter, or emergency medical technician and the law enforcement officer, firefighter, or emergency medical technician was lawfully engaged in the performance of official duties and was driving an official vehicle. Such accident shall be recorded separately. The separate record is not available to the public, except pursuant to court order or subpoena. ".

On page 2 , delete line 11 .

On page 2 , line 12, delete " be included in the abstract. " .

Moved by:    Gillespie
Second by:    Peters
Action:    Prevailed by voice vote.

MOTION:     DO PASS HB 1016 AS AMENDED

Moved by:    Gillespie
Second by:    Peters
Action:    Prevailed by roll call vote.(13-0-0-0)

Voting Yes:    Buckingham, Engels, Feinstein, Gillespie, Gilson, Hunt, Lust, Moore, Peters, Vanneman, Vehle, Willadsen, Cutler

         HB 1073: revise certain provisions regarding identification and recording for products containing pseudoephedrine or ephedrine.

Proponents:    Charlie McGuigan, Attorney General's Office
        Shawn Lyons, SD Retailers Association

MOTION:     DEFER HB 1073 TO THE 41^ST LEGISLATIVE DAY

Moved by:    Peters
Second by:    Vehle
Action:    Was not acted on.

MOTION:     SUBSTITUTE MOTION DO PASS HB 1073 AS AMENDED

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

Voting Yes:    Buckingham, Engels, Feinstein, Gilson, Lust, Vanneman, Willadsen

Voting No:    Gillespie, Hunt, Moore, Peters, Vehle, Cutler

         HB 1102: revise certain provisions related to the establishment of proof of compliance with applicable standards as due care in certain utility negligence claims.

Presented by:    Representative Joni Cutler
Proponents:    Darla Pollman-Rogers, SD Rural Electric Assn.
        Dave Gerdes, SD Electric Utility Companies

MOTION:     DO PASS HB 1102

Moved by:    Lust
Second by:    Gillespie
Action:    Prevailed by roll call vote.(13-0-0-0)

Voting Yes:    Buckingham, Engels, Feinstein, Gillespie, Gilson, Hunt, Lust, Moore, Peters, Vanneman, Vehle, Willadsen, Cutler

MOTION:     PLACE HB 1102 ON CONSENT CALENDAR

Moved by:    Willadsen
Second by:    Peters
Action:    Prevailed by voice vote.

         HB 1117: permit the extending of the duration of protection orders.

Presented by:    Representative David Novstrup
Proponents:    Dianna Miller, SD Network Against Family Violence & Sexual Assault
        Senator Roberta Rasmussen
        Shirelle Stadel, Safe Harbor, Aberdeen
        Judith Binder, South Dakota AFV&SA
        Jane Murphy, SD Coalition Against Domestic Violence & Sexual Assault

MOTION:     DO PASS HB 1117

Moved by:    Hunt
Second by:    Feinstein
Action:    Prevailed by roll call vote.(13-0-0-0)

Voting Yes:    Buckingham, Engels, Feinstein, Gillespie, Gilson, Hunt, Lust, Moore, Peters, Vanneman, Vehle, Willadsen, Cutler

         HB 1119: revise certain provisions concerning mechanics' or materialmen's liens.

Presented by:    Representative David Lust

MOTION:     DO PASS HB 1119

Moved by:    Moore
Second by:    Gillespie
Action:    Prevailed by roll call vote.(13-0-0-0)

Voting Yes:    Buckingham, Engels, Feinstein, Gillespie, Gilson, Hunt, Lust, Moore, Peters, Vanneman, Vehle, Willadsen, Cutler

         HB 1124: add the solicitation to commit a crime to certain criminal provisions.

Presented by:    Representative Richard Engels
Proponents:    Charles McGuigan, Office of Attorney General

MOTION:     DO PASS HB 1124

Moved by:    Lust
Second by:    Vanneman
Action:    Prevailed by roll call vote.(13-0-0-0)

Voting Yes:    Buckingham, Engels, Feinstein, Gillespie, Gilson, Hunt, Lust, Moore, Peters,

Vanneman, Vehle, Willadsen, Cutler

MOTION:     ADJOURN

Moved by:    Vehle
Second by:    Hunt
Action:    Prevailed by voice vote.

Carolyn Jorgensen

____________________________

Committee Secretary

Joni M. Cutler, Chair

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