House Judiciary Minutes 01/31/2007 7:45 AM

82^nd Legislative Session _ 2007

Committee: House Judiciary

Wednesday, January 31, 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
E    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 MONDAY, JANUARY 29, 2007

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

         HB 1120: 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:    Representative Alan Hanks (Handout 1)
Proponents:    Sandy Potter, Piedmont

        Debra Coffey, Smart Start, Ft. Worth, TX (Handout 2)
Opponents:    Roger Tellinghuisen, SD Trial Lawyers Association

MOTION:     AMEND HB 1120

On page 1, line 7 of the printed bill, delete " breath " .

On page 2 , line 2, delete " permits " and insert " grants ".

On page 2 , line 2, after " permits the person " insert " a work permit ".

On page 2 , line 2, delete " shall " and insert " may ".

On page 2 , line 4, delete " unless the court finds good cause not to order such installation and use " and insert " for the duration of the work permit ".

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

MOTION:     SUBSTITUTE MOTION DEFER HB 1120 TO THE 41^ST LEGISLATIVE DAY

Moved by:    Willadsen
Second by:    Peters
Action:    Prevailed by roll call vote.(8-4-1-0)

Voting Yes:    Buckingham, Engels, Gillespie, Gilson, Moore, Peters, Vehle, Willadsen

Voting No:    Feinstein, Hunt, Lust, Cutler

Excused:    Vanneman

Gavel passed to Representative Hunt, Co-Chair

         HB 1173: allow the distribution of newly discovered property of a dissolved corporation.

Presented by:    Representative Joni Cutler

MOTION:     DEFER HB 1173 TO THE 41^ST LEGISLATIVE DAY

Moved by:    Peters
Second by:    Lust
Action:    Prevailed by roll call vote.(12-0-1-0)

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

Excused:    Vanneman

Gavel back to Representative Cutler, Chair

         HB 1147: revise certain provisions regarding notices of claims against governmental entities.

Presented by:    Neil Fulton, Bureau of Administration

MOTION:     DO PASS HB 1147

Moved by:    Hunt
Second by:    Gillespie
Action:    Prevailed by roll call vote.(12-0-1-0)

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

Excused:    Vanneman

         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

MOTION:     DEFER HB 1069 UNTIL FRIDAY, FEBRUARY 2, 2007

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:    Engels
Second by:    Gillespie
Action:    Prevailed by roll call vote.(9-3-1-0)

Voting Yes:    Engels, Gillespie, Gilson, Hunt, Lust, Peters, Vehle, Willadsen, Cutler

Voting No:    Buckingham, Feinstein, Moore

Excused:    Vanneman

         HB 1196: provide for notice and opportunity to remedy residential construction defects.

Presented by:    Representative Tim Rounds
Proponents:    Tim Dougherty, SD Home Builders Assn.
        Jeane Wharton, SD Home Builders Association
        Daryl Christensen, Sioux Falls, SD
        Larry Ahrendt, SD Assn. Of Insurance Agents
        Dennis Kisch, Yankton, SD

MOTION:     DO PASS HB 1196

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

MOTION:     SUBSTITUTE MOTION DEFER HB 1196 TO THE 41^ST LEGISLATIVE DAY

Moved by:    Hunt
Second by:    Peters
Action:    Failed by roll call vote.(3-9-1-0)

Voting Yes:    Gillespie, Hunt, Peters

Voting No:    Buckingham, Engels, Feinstein, Gilson, Lust, Moore, Vehle, Willadsen, Cutler

Excused:    Vanneman

MOTION:     DO PASS HB 1196

Moved by:    Buckingham
Second by:    Willadsen
Action:    Prevailed by roll call vote.(9-2-2-0)

Voting Yes:    Buckingham, Engels, Feinstein, Gilson, Lust, Moore, Vehle, Willadsen, Cutler

Voting No:    Hunt, Peters

Excused:    Gillespie, Vanneman

MOTION:     ADJOURN

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

Carolyn Jorgensen

____________________________

Committee Secretary

Joni M. Cutler, Chair

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