P - Present
Roll Call
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Representative Cutler, Chair
MOTION:
TO APPROVE THE MINUTES OF WEDNESDAY, FEBRUARY 7, 2006
E - Excused
A - Absent
P Buckingham
P Engels
P Feinstein
E Gillespie
P Gilson
P Hunt, Vice-Chair
P Lust
P Moore
P Peters
P Vanneman
P Vehle
P Willadsen
P Cutler, Chair
Moved by: Willadsen
Second by: Gilson
Action: Prevailed by voice vote.
HB 1298: create the South Dakota Reservation Youth Resource Commission.
Moved by: Moore
Second by: Gillespie
Action: Was not acted on.
MOTION:
SUBSTITUTE MOTION AMEND HB 1298
"
Section 1. The Office of Tribal Government Relations shall issue to the State Tribal Relations
Committee on an annual basis a report including a comprehensive review of the criminal justice
system and minorities, unfairness in the system, juvenile justice and minority children, language
interpretation and barriers, attorneys, juries, arrests and stops, pretrial process, dispositions, and other
matters."
Moved by: Moore
HB 1200: provide for a crime of domestic disorderly conduct and to provide a
penalty therefor.
Second by: Feinstein
Action: Failed by voice vote.
MOTION:
DEFER HB 1298 TO THE 41ST LEGISLATIVE DAY
Moved by: Peters
Second by: Willadsen
Action: Prevailed by roll call vote.(9-3-1-0)
Voting Yes: Buckingham, Gilson, Hunt, Lust, Peters, Vanneman, Vehle, Willadsen, Cutler
Voting No: Engels, Feinstein, Moore
Excused: Gillespie
HB 1132: increase the maximum penalty that counties and municipalities may
establish for a violation of an ordinance.
Presented by: Representative Dan Ahlers
Proponents: Yvonne Taylor, SD Municipal League
Chuck Schroyer, SD States Attorneys Assn.
MOTION:
DO PASS HB 1132
Moved by: Engels
Second by: Feinstein
Action: Prevailed by roll call vote.(11-1-1-0)
Voting Yes: Engels, Feinstein, Gilson, Hunt, Lust, Moore, Peters, Vanneman, Vehle, Willadsen,
Cutler
Voting No: Buckingham
Excused: Gillespie
Gavel passed to Representative Hunt, Vice Chair
Presented by: Representative Joni Cutler
Proponents: Dianna Miller, SD Network Against Family Violence & Sexual Assault
MOTION:
AMEND HB 1200
"
Section 1. That
§
22-18-35
be amended to read as follows:
22-18-35.
Any person who intentionally causes serious public inconvenience, annoyance, or
alarm to any other person, or creates a risk thereof by:
Moved by: Engels
Second by: Peters
Action: Prevailed by voice vote.
MOTION:
DO PASS HB 1200 AS AMENDED
Moved by: Moore
Second by: Buckingham
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:
TO AMEND TITLE OF HB 1200
Moved by: Peters
HB 1254: establish the elements of the crime of masturbating or ejaculating in the
presence of a child and to provide a penalty therefor.
Second by: Engels
Action: Prevailed by voice vote.
HB 1288: permit trustees to decant a trust under certain circumstances.
Presented by: Representative Joni Cutler
Proponents: Jeremiah Murphy, SD Trust Company
MOTION:
DO PASS HB 1288
Moved by: Feinstein
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
MOTION:
PLACE HB 1288 ON CONSENT CALENDAR
Moved by: Willadsen
Second by: Feinstein
Action: Prevailed by voice vote.
Gavel passed to Representative Cutler, Chair
Presented by: Representative Margaret Gillespie
Proponents: Jerry Miller, States Attorney, Union County
Chuck Schroyer, SD States Attorneys Assn.
Ann Holzhauser, Department of Social Services
Tim Maher, States Attorney, Hughes County
MOTION:
AMEND HB 1254
"
Section 1. Any person, sixteen years of age or older, who in the immediate physical presence of
a child less than sixteen years of age, masturbates or ejaculates with the intent to be aroused by the
presence of the child or to be sexually gratified by the presence of the child, or who masturbates or
ejaculates with the intent to arouse or sexually gratify the child in his or her presence, is guilty of a
Class 3 felony. To be in violation of this section, the child need not be aware of the act of
masturbation or ejaculation. To be in violation of this section, the child need not be awake or
conscious during the act of masturbation or ejaculation. There is no violation of this section unless
the person is at least three years older than the child."
Moved by: Hunt
Second by: Willadsen
Action: Was not acted on.
MOTION:
SUBSTITUTE MOTION DEFER HB 1254 UNTIL MONDAY, FEBRUARY 12,
2007
Moved by: Lust
Second by: Feinstein
Action: Prevailed by voice vote.
HB 1252: provide certain provisions concerning the indemnification of the directors
of rural electric cooperatives.
Presented by: Representative Margaret Gillespie
Proponents: Darla Pollman-Rogers, SD Rural Electric Assn.
Brenda Forman, SD Assn. Of Cooperatives
Greg Dean, SD Telecommunications Assn.
MOTION:
DO PASS HB 1252
Moved by: Willadsen
Second by: Peters
Action: Prevailed by roll call vote.(12-0-1-0)
Voting Yes: Buckingham, Engels, Gillespie, Gilson, Hunt, Lust, Moore, Peters, Vanneman,
Vehle, Willadsen, Cutler
Excused: Feinstein
MOTION:
TO AMEND TITLE OF HB 1252
Moved by: Gillespie
Second by: Hunt
Action: Prevailed by voice vote.
HB 1203: restrict the use of garnishment to collect stale judgments.
Presented by: Representative Margaret Gillespie (Handout A)
Proponents: Roger Tellinghuisen, SD Trial Lawyers Association
Dennis Duncan, SD Collectors Association
MOTION:
DEFER HB 1203 TO THE 41ST LEGISLATIVE DAY
Moved by: Lust
Second by: Buckingham
Action: Prevailed by roll call vote.(11-1-1-0)
Voting Yes: Buckingham, Engels, Gilson, Hunt, Lust, Moore, Peters, Vanneman, Vehle,
Willadsen, Cutler
Voting No: Gillespie
Excused: Feinstein
HB 1222: clarify certain provisions relating to petitions for protection orders.
Presented by: Representative Margaret Gillespie
MOTION:
AMEND HB 1222
Moved by: Engels
Second by: Gilson
Action: Prevailed by voice vote.
Carolyn Jorgensen