Committee: House Judiciary
Wednesday, February 17, 2010
P - Present
E - Excused
A - Absent
Roll Call
P Engels
P Feinstein
P Gibson
P Gosch
P Hamiel
P Hoffman
P Killer
P Lust
P Moser
P Schlekeway
P Turbiville
P Hunt, Vice-Chair
P Cutler, Chair
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Chair Joni Cutler.
MOTION: TO APPROVE THE MINUTES OF FRIDAY, FEBRUARY 12, 2010.
Moved by: Hoffman
Second by: Gosch
Action: Prevailed by voice vote.
HB 1164: revise no contact provisions in cases of stalking and domestic abuse.
Presented by: Representative David Novstrup
Proponents: Dianna Miller, SD Network Against Family Violence & Sexual Assault
Kim Malsam Rysdon, Department of Social Services
MOTION: DO PASS HB 1164
Moved by: Turbiville
Second by: Gosch
Action: Prevailed by roll call vote. (12-0-1-0)
Voting Yes: Engels, Gibson, Gosch, Hamiel, Hoffman, Killer, Lust, Moser, Schlekeway,
Turbiville, Hunt, Cutler
Excused: Feinstein
MOTION: PLACE HB 1164 ON CONSENT CALENDAR
Moved by: Moser
Second by: Hoffman
Action: Failed by voice vote.
HB 1136: limit asbestos-related liabilities for certain successor corporations.
Presented by: Representative Roger Hunt (Handouts: #1)
Proponents: Dick Gregerson, Crown, Cork & Seal
Michael Rowley, Crown, Cork & Seal
David Owen, SD Chamber of Commerce & Industry
Opponents: Roger Tellinghuisen, SD Trial Lawyers Association
Mark Anderson, State Federation of Labor AFL-CIO, SD
MOTION: DEFER HB 1136 TO THE 41
ST LEGISLATIVE DAY
Moved by: Turbiville
Second by: Feinstein
Action: Was not acted on.
MOTION: SUBSTITUTE MOTION DO PASS HB 1136
Moved by: Hunt
Second by: Gosch
Action: Failed by roll call vote. (6-6-1-0)
Voting Yes: Gosch, Hamiel, Hoffman, Schlekeway, Hunt, Cutler
Voting No: Engels, Feinstein, Gibson, Killer, Moser, Turbiville
Excused: Lust
MOTION: DO PASS HB 1136
Moved by: Hunt
Second by: Gosch
Action: Prevailed by roll call vote. (7-6-0-0)
Voting Yes: Gosch, Hamiel, Hoffman, Lust, Schlekeway, Hunt, Cutler
Voting No: Engels, Feinstein, Gibson, Killer, Moser, Turbiville
HB 1265: revise certain provisions related to indigent counsel.
Presented by: Representative Peggy Gibson (Handouts: #2)
Proponents: Michael Moore, Beadle County States Attorney
Chuck Schroyer, SD States Attorneys Association
MOTION: DO PASS HB 1265
Moved by: Lust
Second by: Moser
Action: Prevailed by roll call vote. (13-0-0-0)
Voting Yes: Engels, Feinstein, Gibson, Gosch, Hamiel, Hoffman, Killer, Lust, Moser,
Schlekeway, Turbiville, Hunt, Cutler
MOTION: PLACE HB 1265 ON CONSENT CALENDAR
Moved by: Moser
Second by: Hoffman
Action: Prevailed by voice vote.
HB 1187: prohibit the killing, injury, or interference with a law enforcement support
animal and to establish certain penalties.
Presented by: Representative Martha Vanderlinde
MOTION: DO PASS HB 1187
Moved by: Moser
Second by: Feinstein
Action: Prevailed by roll call vote. (11-2-0-0)
Voting Yes: Engels, Feinstein, Gibson, Hamiel, Hoffman, Killer, Lust, Moser, Schlekeway,
Turbiville, Cutler
Voting No: Gosch, Hunt
HB 1167: revise the term of service of a grand jury.
Presented by: Representative Oran Sorenson
Opponents: Chuck Schroyer, SD States Attorneys Association
MOTION: DO PASS HB 1167
Moved by: Engels
Second by: Gibson
Action: Was not acted on.
MOTION: SUBSTITUTE MOTION DEFER HB 1167 TO THE 41
ST LEGISLATIVE DAY
Moved by: Moser
Second by: Turbiville
Action: Failed by roll call vote. (4-8-1-0)
Voting Yes: Lust, Moser, Turbiville, Cutler
Voting No: Engels, Gibson, Gosch, Hamiel, Hoffman, Killer, Schlekeway, Hunt
Excused: Feinstein
THE MOTION TO DO PASS HB 1167
Moved by: Engels
Second by: Gibson
Action: PREVAILED BY ROLL CALL VOTE. (8-4-1-0)
Voting Yes: Engels, Gibson, Gosch, Hamiel, Hoffman, Killer, Schlekeway, Hunt
Voting No: Lust, Moser, Turbiville, Cutler
Excused: Feinstein
HB 1161: provide that an out-of-country foreign judgment need not be recognized
if the cause of action resulted in a defamation judgment obtained in a jurisdiction
outside the United States, unless a court in this state first determines that the
defamation law applied in the foreign court's adjudication provided at least as much
protection for freedom of speech and press as would be provided in this state.
Presented by: Representative Dan Lederman
MOTION: DO PASS HB 1161
Moved by: Gibson
Second by: Hamiel
Action: Prevailed by roll call vote. (9-2-2-0)
Voting Yes: Gibson, Gosch, Hamiel, Hoffman, Killer, Moser, Schlekeway, Hunt, Cutler
Voting No: Lust, Turbiville
Excused: Engels, Feinstein
HB 1177: prohibit the granting of subsequent suspended impositions of sentence to
the same defendant.
Presented by: Representative Thomas Deadrick
MOTION: DO PASS HB 1177
Moved by: Moser
Second by: Gibson
Action: Prevailed by roll call vote. (7-4-2-0)
Voting Yes: Gibson, Hamiel, Lust, Moser, Schlekeway, Hunt, Cutler
Voting No: Gosch, Hoffman, Killer, Turbiville
Excused: Engels, Feinstein
MOTION: ADJOURN
Moved by: Gibson
Second by: Hoffman
Action: Prevailed by voice vote.
Linda Daugaard
____________________________
Committee Secretary
Joni M. Cutler, Chair
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