82nd Legislative Session _ 2007

Committee: Senate Judiciary
Monday, February 12, 2007

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Abdallah, Chair
P    Albers
P    Heidepriem
P    Knudson, Vice-Chair
P    Schmidt (Dennis)
P    Turbak
P    Koetzle

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Senator Gene G. Abdallah, Chair

MOTION:     TO APPROVE THE MINUTES OF FRIDAY, FEBRUARY 9, 2007

Moved by:    Albers
Second by:    Schmidt (Dennis)
Action:    Prevailed by voice vote.

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

Presented by:    Neil Fulton, Governor's Office
Proponents:    Senator Jason Gant
        David Bordewyk, SD Newspaper Assn.
        Jim Carpenter, SD Highway Patrol

MOTION:     AMEND HB 1016

1016rc
     On page 2, line 7 of the House engrossed bill, delete " The separate record " .

     On page 2 , delete line 8 .

     On page 2 , line 20, delete " The separate record is not available to the " .

     On page 2 , line 21, delete " public, except pursuant to court order or subpoena. " .

     On page 2 , after line 23, insert:

"
     Section 3. That chapter 58-11 be amended by adding thereto a NEW SECTION to read as follows:

     No insurer may increase the premium or rate of an insured at policy issuance, during the term of a policy, or at renewal because of an accident if the insured was responding to a call of duty as a law enforcement officer, firefighter, or emergency medical technician for any accident:

             (1)    That occurred while the law enforcement officer, firefighter, or emergency medical technician was lawfully engaged in the performance of official duties; and
             (2)    That occurred while the law enforcement officer, firefighter, or emergency medical technician was driving an official vehicle; and
             (3)    For which the law enforcement officer, firefighter, or emergency medical technician furnishes notice to the insurer that the accident occurred under circumstances identified in subdivisions (1) and (2) of this section.

This section is not applicable to commercial lines policies.".

Moved by:    Heidepriem
Second by:    Knudson
Action:    Prevailed by voice vote.

 MOTION:     DO PASS HB 1016 AS AMENDED

Moved by:    Turbak
Second by:    Schmidt (Dennis)
Action:    Prevailed by roll call vote.(7-0-0-0)

Voting Yes:    Abdallah, Albers, Heidepriem, Knudson, Schmidt (Dennis), Turbak, Koetzle

          HB 1099: authorize certain domestic limited liability companies and partnerships to be registered agents of foreign corporations.

Presented by:    Representative David Lust
Proponents:    Brett Koenecke, self, Pierre

MOTION:     DO PASS HB 1099


Moved by:    Heidepriem
Second by:    Turbak
Action:    Prevailed by roll call vote.(7-0-0-0)

Voting Yes:    Abdallah, Albers, Heidepriem, Knudson, Schmidt (Dennis), Turbak, Koetzle

MOTION:     PLACE HB 1099 ON CONSENT CALENDAR

Moved by:    Heidepriem
Second by:    Knudson
Action:    Prevailed by voice vote.

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

Presented by:    Representative David Lust

MOTION:     AMEND HB 1119

1119ra
     On page 1, line 12 of the House engrossed bill, delete " and " .

     On page 1 , line 13, after " lien " insert: " ; and
            
             (3)    Proof of service on the person holding the lien ".

Moved by:    Knudson
Second by:    Schmidt (Dennis)
Action:    Prevailed by voice vote.

 MOTION:     DO PASS HB 1119 AS AMENDED

Moved by:    Knudson
Second by:    Schmidt (Dennis)
Action:    Prevailed by roll call vote.(7-0-0-0)

Voting Yes:    Abdallah, Albers, Heidepriem, Knudson, Schmidt (Dennis), Turbak, Koetzle

 MOTION:     PLACE HB 1119 ON CONSENT CALENDAR

Moved by:    Knudson
Second by:    Albers
Action:    Prevailed by voice vote.


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

Presented by:    Neil Fulton, Governor's Office

MOTION:     DO PASS HB 1147

Moved by:    Heidepriem
Second by:    Albers
Action:    Prevailed by roll call vote.(7-0-0-0)

Voting Yes:    Abdallah, Albers, Heidepriem, Knudson, Schmidt (Dennis), Turbak, Koetzle

MOTION:     PLACE HB 1147 ON CONSENT CALENDAR

Moved by:    Heidepriem
Second by:    Schmidt (Dennis)
Action:    Prevailed by voice vote.

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

Presented by:    Senator Kenneth Albers
Proponents:    Dianna Miller, SD Network Against Family Violence & Sexual Assault

MOTION:     TO AMEND TITLE OF HB 1117

1117rta
     On page 1, line 1 of the House engrossed bill, after " duration of " insert "stalking and".

Moved by:    Knudson
Second by:    Heidepriem
Action:    Prevailed by voice vote.

 MOTION:     DO PASS HB 1117 AS AMENDED

Moved by:    Heidepriem
Second by:    Koetzle
Action:    Prevailed by roll call vote.(7-0-0-0)

Voting Yes:    Abdallah, Albers, Heidepriem, Knudson, Schmidt (Dennis), Turbak, Koetzle

 MOTION:     PLACE HB 1117 ON CONSENT CALENDAR

Moved by:    Koetzle
Second by:    Knudson
Action:    Prevailed by voice vote.

          HB 1255: expand the duties of the juvenile corrections monitor.

Presented by:    Representative Larry Tidemann (handout #1)
        Senator Jean Hunhoff
Proponents:    Susan Randall, SD Voices For Children
Opponents:    Mike Schreiber, self, Chamberlain
        Neil Fulton, Governor's Office
        Senator Jason Gant

MOTION:     DO PASS HB 1255

Moved by:    Koetzle
Second by:    Turbak
Action:    Prevailed by roll call vote.(5-2-0-0)

Voting Yes:    Albers, Heidepriem, Knudson, Turbak, Koetzle

Voting No:    Abdallah, Schmidt (Dennis)

         HB 1069: increase liquidated court costs and revise how they are allocated.

Presented by:    Larry Long, Attorney General

The Chair deferred HB 1069 until Wednesday, February 14, 2007.

The Chair deferred HB 1058 until Wednesday, February 14, 2007.

MOTION:     ADJOURN

Moved by:    Turbak
Second by:    Koetzle
Action:    Prevailed by voice vote.

Rena Ortbahn

____________________________

Committee Secretary
Gene G. Abdallah, Chair