Committee: Senate Judiciary
Thursday, February 25, 2010
P - Present
E - Excused
A - Absent
Roll Call
P Gillespie
P Heidepriem
P Schmidt
P Turbak Berry
P Vehle
P Tieszen, Vice-Chair
P Abdallah, Chair
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Senator Gene G. Abdallah, Chair.
MOTION: TO APPROVE THE MINUTES OF TUESDAY, FEBRUARY 23, 2010
Moved by: Vehle
Second by: Tieszen
Action: Prevailed by voice vote.
THE CHAIR DEFERRED HB 1244 UNTIL TUESDAY, MARCH 2, 2010
THE CHAIR DEFERRED HB 1105 UNTIL TUESDAY, MARCH 2, 2010
MOTION: CONFIRM REAPPOINTMENT OF SHARON KALLEMEYN OF PENNINGTON
COUNTY, RAPID CITY, SOUTH DAKOTA, TO THE CRIME VICTIMS
COMPENSATION COMMISSION
Moved by: Gillespie
Second by: Tieszen
Action: Prevailed by roll call vote. (7-0-0-0)
Voting Yes: Gillespie, Heidepriem, Schmidt, Turbak Berry, Vehle, Tieszen, Abdallah
MOTION: CONFIRM REAPPOINTMENT OF BRIAN K. ZEEB OF BROOKINGS COUNTY,
BROOKINGS, SOUTH DAKOTA, TO THE SOUTH DAKOTA COUNCIL FOR
INTERSTATE ADULT OFFENDER SUPERVISION
Moved by: Gillespie
Second by: Turbak Berry
Action: Prevailed by roll call vote. (7-0-0-0)
Voting Yes: Gillespie, Heidepriem, Schmidt, Turbak Berry, Vehle, Tieszen, Abdallah
HB 1075: revise certain provisions relating to credit against unpaid fines and costs
for time served and to disallow credit for time served against unpaid victim
restitution.
Presented by: Greg Sattizahn, Unified Judicial System
MOTION: DO PASS HB 1075
Moved by: Turbak Berry
Second by: Gillespie
Action: Prevailed by roll call vote. (7-0-0-0)
Voting Yes: Gillespie, Heidepriem, Schmidt, Turbak Berry, Vehle, Tieszen, Abdallah
MOTION: PLACE HB 1075 ON CONSENT CALENDAR
Moved by: Tieszen
Second by: Gillespie
Action: Prevailed by voice vote.
HB 1076: repeal certain statutes related to the testimony of sex offense victims and
to evidence of a victim's prior sexual conduct in coordination with the adoption of
certain evidentiary rules by the Supreme Court.
Presented by: Greg Sattizahn, Unified Judicial System
Proponents: Dianna Miller, SD Network Against Family Violence & Sexual Assault
Thomas Barnett Jr.,SD State Bar
MOTION: DO PASS HB 1076
Moved by: Turbak Berry
Second by: Heidepriem
Action: Prevailed by roll call vote. (7-0-0-0)
Voting Yes: Gillespie, Heidepriem, Schmidt, Turbak Berry, Vehle, Tieszen, Abdallah
MOTION: PLACE HB 1076 ON CONSENT CALENDAR
Moved by: Gillespie
Second by: Turbak Berry
Action: Prevailed by voice vote.
HB 1077: enact a procedure for delayed appeal if the petitioner was
unconstitutionally denied the right of appeal.
Presented by: Greg Sattizahn, Unified Judicial System
Opponents: Roger Tellinghuisen, SD Trial Lawyers Association
THE CHAIR DEFERRED HB 1077 UNTIL THURSDAY, MARCH 4, 2010
HB 1078: revise certain provisions regarding court records inspection and copying.
Presented by: Greg Sattizahn, Unified Judicial System
MOTION: DO PASS HB 1078
Moved by: Turbak Berry
Second by: Vehle
Action: Prevailed by roll call vote. (7-0-0-0)
Voting Yes: Gillespie, Heidepriem, Schmidt, Turbak Berry, Vehle, Tieszen, Abdallah
MOTION: PLACE HB 1078 ON CONSENT CALENDAR
Moved by: Gillespie
Second by: Turbak Berry
Action: Prevailed by voice vote.
HB 1079: revise certain provisions relating to the issuance of a new birth certificate
in certain adoptions.
Presented by: Greg Sattizahn, Unified Judicial System
MOTION: DO PASS HB 1079
Moved by: Heidepriem
Second by: Gillespie
Action: Prevailed by roll call vote. (7-0-0-0)
Voting Yes: Gillespie, Heidepriem, Schmidt, Turbak Berry, Vehle, Tieszen, Abdallah
MOTION: PLACE HB 1079 ON CONSENT CALENDAR
Moved by: Heidepriem
Second by: Gillespie
Action: Prevailed by voice vote.
HB 1080: correct the omission of a reference to fifth-offense DUI for habitual
offender cases and to remove certain outdated language.
Presented by: Greg Sattizahn, Unified Judicial System
MOTION: DO PASS HB 1080
Moved by: Turbak Berry
Second by: Tieszen
Action: Prevailed by roll call vote. (7-0-0-0)
Voting Yes: Gillespie, Heidepriem, Schmidt, Turbak Berry, Vehle, Tieszen, Abdallah
MOTION: PLACE HB 1080 ON CONSENT CALENDAR
Moved by: Tieszen
Second by: Vehle
Action: Prevailed by voice vote.
The gavel was passed to Senator Craig Tieszen, Vice-Chair
HB 1104: limit the source of recovery in certain civil actions for childhood sexual
abuse injuries.
Presented by: Senator Cooper Garnos
Proponents: Steve Smith, self, Chamberlain (handout: #1)
Jeremiah D. Murphy, self, Sioux Falls
MOTION: DO PASS HB 1104
Moved by: Abdallah
Second by: Vehle
Action: Prevailed by roll call vote. (7-0-0-0)
Voting Yes: Gillespie, Heidepriem, Schmidt, Turbak Berry, Vehle, Tieszen, Abdallah
MOTION: PLACE HB 1104 ON CONSENT CALENDAR
Moved by: Turbak Berry
Second by: Abdallah
Action: Prevailed by voice vote.
The gavel was returned to Senator Gene G. Abdallah, Chair
HB 1092: revise the certain provisions concerning continuing liens on wages by
garnishment.
Presented by: Senator Tom Hansen
Proponents: Jim Hood, SD Retailers Association
Roger Tellinghuisen, SD Trial Lawyers Association
Representative Mark Kirkeby
MOTION: DO PASS HB 1092
Moved by: Gillespie
Second by: Vehle
Action: Prevailed by roll call vote. (7-0-0-0)
Voting Yes: Gillespie, Heidepriem, Schmidt, Turbak Berry, Vehle, Tieszen, Abdallah
HB 1265: revise certain provisions related to indigent counsel.
Presented by: Senator Tom Hansen
Proponents: Representative Peggy Gibson (handout: #2)
Chuck Schroyer, SD States Attorneys Association
THE CHAIR DEFERRED HB 1265 UNTIL THURSDAY, MARCH 4
The gavel was passed to Senator Craig Tieszen, Vice-Chair
HB 1071: revise certain provisions relating to parental liability for willful acts of a
child and to revise the limitation on recovery.
Presented by: Representative Richard Engels
MOTION: DO PASS HB 1071
Moved by: Vehle
Second by: Heidepriem
Action: Prevailed by roll call vote. (6-0-1-0)
Voting Yes: Gillespie, Heidepriem, Schmidt, Turbak Berry, Vehle, Tieszen
Excused: Abdallah
MOTION: PLACE HB 1071 ON CONSENT CALENDAR
Moved by: Turbak Berry
Second by: Heidepriem
Action: Prevailed by voice vote.
THE CHAIR DEFERRED HB 1110 UNTIL TUESDAY, MARCH 2, 2010
MOTION: ADJOURN
Moved by: Gillespie
Second by: Vehle
Action: Prevailed by voice vote.
Rena Ortbahn
____________________________
Committee Secretary
Gene G. Abdallah, Chair
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