House Judiciary Minutes 01/29/2007 7:45 AM

82^nd Legislative Session _ 2007

Committee: House Judiciary

Monday, January 29, 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 26, 2007

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

         HB 1098: revise the jurisdiction of certain magistrate courts.

Presented by:    Judith Roberts, Unified Judicial System (Handout 1)

MOTION:     AMEND HB 1098

On page 1, after line 14 of the printed bill, insert:

"
Section 2. Whereas, this Act is necessary for the support of the state government and its existing public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval.".

Moved by:    Engels
Second by:    Gillespie
Action:    Was not acted on.

MOTION:     DO PASS HB 1098 AS AMENDED

Moved by:    Hunt
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:     PLACE HB 1098 ON CONSENT CALENDAR

Moved by:    Engels
Second by:    Feinstein
Action:    Prevailed by voice vote.

MOTION:     TO AMEND TITLE OF HB 1098

On page 1, line 1 of the printed bill, after " courts " insert "and to declare an emergency".

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

         HB 1068: revise the criminal penalty for perjury.

Presented by:    Charles McGuigan, Office of Attorney General

MOTION:     DO PASS HB 1068

Moved by:    Gillespie
Second by:    Engels
Action:    Failed by roll call vote.(6-6-1-0)

Voting Yes:    Engels, Gillespie, Hunt, Lust, Willadsen, Cutler

Voting No:    Buckingham, Gilson, Moore, Peters, Vanneman, Vehle

Excused:    Feinstein

MOTION:     AMEND HB 1068

On page 1, line 8 of the printed bill, delete " Class 6 felony " and insert " Class 1 misdemeanor ".

Moved by:    Buckingham
Second by:    Moore
Action:    Was not acted on.

MOTION:     SUBSTITUTE MOTION DEFER HB 1068 UNTIL WEDNESDAY, JANUARY 31, 2007

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

         HB 1069: increase liquidated court costs and to make a continuing appropriation to the law enforcement officers training fund.

Presented by:    Larry Long, Attorney General
Proponents:    Chuck Schroyer, SD States Attorneys Assn.

MOTION:     DO PASS HB 1069

Moved by:    Lust
Second by:    Feinstein
Action:    Was not acted on.

MOTION:     DEFER HB 1069 UNTIL WEDNESDAY, JANUARY 31, 2007

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

         HB 1070: create a cold case reward fund, to provide a continuous appropriation thereof, and provide certain provisions regarding the confidentiality of persons supplying information to a cold case.

Presented by:    Larry Long, Attorney General

MOTION:     DEFER HB 1070 TO THE 41^ST LEGISLATIVE DAY

Moved by:    Willadsen
Second by:    Gilson
Action:    Prevailed by roll call vote.(9-4-0-0)

Voting Yes:    Buckingham, Engels, Feinstein, Gilson, Hunt, Moore, Peters, Vanneman, Willadsen

Voting No:    Gillespie, Lust, Vehle, Cutler

         HB 1161: revise the elements of the crime of first degree robbery.

Presented by:    Representative Joni Cutler

MOTION:     DEFER HB 1161 TO THE 41^ST LEGISLATIVE DAY

Moved by:    Engels
Second by:    Feinstein
Action:    Was not acted on.

MOTION:     SUBSTITUTE MOTION DO PASS HB 1161

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

Voting Yes:    Gilson, Lust, Peters, Vanneman, Vehle, Willadsen, Cutler

Voting No:    Buckingham, Engels, Feinstein, Gillespie, Hunt, Moore

         HB 1108: revise certain provisions regarding when and by whom chemical

dependency evaluations occur after a conviction of driving while under the influence of drugs or alcohol.

Presented by:    Representative Don Van Etten
Proponents:    Don Holloway, Pennington County Sheriff
        Terrance Dosch, SD Council of Substance Abuse Directors
        Chuck Schroyer, SD States Attorneys Assn.
        Doug Austin, Rapid City, SD
Opponents:    Roger Tellinghuisen, SD Trial Lawyers Association

MOTION:     AMEND HB 1108

On page 1, line 6 of the printed bill, remove the overstrikes from " ~~with a 0.17 percent~~ " .

On page 1 , line 7, remove the overstrikes from " ~~or more by weight of alcohol in the person's blood~~ " .

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

MOTION:     AMEND HB 1108

On page 1, line 12 of the printed bill, delete " reviewed by " and insert " provided to ".

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

MOTION:     DO PASS HB 1108 AS AMENDED

Moved by:    Engels
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

MOTION:     ADJOURN

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

Carolyn Jorgensen

____________________________

Committee Secretary

Joni M. Cutler, Chair

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