86
th Legislative Session _ 2011
Committee: Senate Judiciary
Thursday, February 10, 2011
P - Present
E - Excused
A - Absent
Roll Call
P Begalka
P Hunhoff (Jean)
P Nygaard
P Vehle
P Buhl
P Cutler, Vice-Chair
P Tieszen, Chair
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Senator Craig Tieszen, Chair.
MOTION: TO APPROVE THE MINUTES OF TUESDAY, FEBRUARY 8, 2011
Moved by: Buhl
Second by: Hunhoff (Jean)
Action: Prevailed by voice vote.
THE CHAIR DEFERRED SB 172 UNTIL THURSDAY, FEBRUARY 17, 2011
MOTION: CONFIRM APPOINTMENT OF LOREN MCMANUS OF MINNEHAHA
COUNTY, SIOUX FALLS, SOUTH DAKOTA, TO THE SOUTH DAKOTA
CRIME VICTIMS' COMPENSATION COMMISSION
Moved by: Nygaard
Second by: Buhl
Action: Prevailed by roll call vote. (7-0-0-0)
Voting Yes: Begalka, Hunhoff (Jean), Nygaard, Vehle, Buhl, Cutler, Tieszen
MOTION: CONFIRM APPOINTMENT OF ALICIA Y. ALVAREZ OF MINNEHAHA
COUNTY, SIOUX FALLS, SOUTH DAKOTA, TO THE SOUTH DAKOTA
CRIME VICTIMS' COMPENSATION COMMISSION
Moved by: Vehle
Second by: Nygaard
Action: Prevailed by roll call vote. (7-0-0-0)
Voting Yes: Begalka, Hunhoff (Jean), Nygaard, Vehle, Buhl, Cutler, Tieszen
SB 164: revise certain provisions regarding the regulation of traffic on municipal
streets.
Presented by: Senator Mark Johnston
Proponents: Yvonne Taylor, SD Municipal League
Larry Nelson, SD Police Chief's Association
Dick Tieszen, SD Associated School Boards/Sioux Falls School District
(Handouts: #1)
MOTION: AMEND SB 164
164ta
On page 1 of the printed bill, delete line 6, and insert "enforcement of traffic regulations as
municipal ordinance violations on any portion of the state highway trunk system".
Moved by: Nygaard
Second by: Begalka
Action: Prevailed by voice vote.
MOTION: DO PASS SB 164 AS AMENDED
Moved by: Begalka
Second by: Nygaard
Action: Failed by roll call vote. (3-4-0-0)
Voting Yes: Begalka, Nygaard, Tieszen
Voting No: Hunhoff (Jean), Vehle, Buhl, Cutler
MOTION: DEFER SB 164 TO THE 41
ST LEGISLATIVE DAY
Moved by: Cutler
Second by: Vehle
Action: Prevailed by roll call vote. (4-3-0-0)
Voting Yes: Hunhoff (Jean), Vehle, Buhl, Cutler
Voting No: Begalka, Nygaard, Tieszen
SB 173: allow specific details of alleged sex crimes against minors be suppressed
under certain conditions.
Presented by: Senator Joni Cutler
Proponents: Sue Simons, self, Sioux Falls
Pamela Homan, Sioux Falls School District 49-5
Steve Siegel, SD Trial Lawyers Association
MOTION: DO PASS SB 173
Moved by: Nygaard
Second by: Buhl
Action: Prevailed by roll call vote. (7-0-0-0)
Voting Yes: Begalka, Hunhoff (Jean), Nygaard, Vehle, Buhl, Cutler, Tieszen
SB 115: prohibit the use of certain wireless communication devices while driving.
Presented by: Senator Stanford Adelstein
MOTION: AMEND SB 115
115rb
On page 1 of the printed bill, delete lines 4 to 15, inclusive, and insert:
" Section 1. That chapter 32-26 be amended by adding thereto a NEW SECTION to read as
follows:
No person may operate a motor vehicle while using a cellular telephone or other wireless
telecommunications device. For the purposes of this section, the term, using, means the talking,
listening, or placing or receiving a call on any cellular telephone or other wireless
telecommunications device, or operating its keys, buttons, or other controls. A violation of this
section is a Class 2 misdemeanor.".
On page 2, delete lines 1 and 2.
On page 2, delete line 7.
On page 2, line 8, delete "(3)" and insert "(2)".
On page 2, line 10, delete "(4)" and insert "(3)".
On page 2, line 11, delete "(5)" and insert "(4)".
Moved by: Cutler
Second by: Nygaard
Action: Prevailed by voice vote.
MOTION: DO PASS SB 115
Moved by: Nygaard
Second by: Cutler
Action: Was not acted on.
MOTION: SUBSTITUTE MOTION DEFER SB 115 TO THE 41
ST LEGISLATIVE DAY
Moved by: Hunhoff (Jean)
Second by: Begalka
Action: Prevailed by roll call vote. (6-1-0-0)
Voting Yes: Begalka, Hunhoff (Jean), Vehle, Buhl, Cutler, Tieszen
Voting No: Nygaard
SB 116: provide for the confiscation of motor vehicle license plates for certain
driving under the influence violations.
Presented by: Senator Stanford Adelstein
Opponents: Debra Hillmer, Department of Revenue and Regulation
Randy Hartley, Department of Public Safety
Staci Eggert, SD Sheriff's Association
MOTION: DEFER SB 116 TO THE 41
ST LEGISLATIVE DAY
Moved by: Buhl
Second by: Begalka
Action: Prevailed by roll call vote. (6-0-1-0)
Voting Yes: Begalka, Hunhoff (Jean), Vehle, Buhl, Cutler, Tieszen
Excused: Nygaard
MOTION: ADJOURN
Moved by: Buhl
Second by: Cutler
Action: Prevailed by voice vote.
Rena Ortbahn
____________________________
Committee Secretary
Craig Tieszen, Chair
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