86
th Legislative Session _ 2011
Committee: Senate Judiciary
Tuesday, February 15, 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 THURSDAY, FEBRUARY 10, 2011
Moved by: Nygaard
Second by: Cutler
Action: Prevailed by voice vote.
SB 176: provide for the crime of human trafficking, to establish the elements and
degrees of the crime, and to provide penalties for the violation thereof.
Presented by: Senator Joni Cutler (Handouts: #1, #2, #3, #4)
Proponents: Susan Omanson, self, Sioux Falls
Jennifer Falkenstein, self, Sioux Falls
Ashley Statema, self, Sioux Falls
Dale Bartscher, Family Heritage Alliance
Laura Ross, SD Coalition Ending Domestic Violence and Sexual Assault
Travis Benson, Catholic Diocese Of Sioux Falls
Greg Boris, South Dakota Voices for Children
Dianna Miller, SD Network Against Family Violence & Sexual Assault
Cindy Flakoll, Concerned Women For America
Sam Ellingson, ACLU of SD
Kristen Aschenbrenner, SD Advocacy Network for Women
Chris Hupke, SD Family Policy Council
MOTION: AMEND SB 176
176ra
On page 2, after line 8 of the printed bill, insert:
" Section 4. Any person under the age of sixteen who performs a commercial sex act is considered
a victim of human trafficking regardless of whether force, fraud, or coercion were present.".
Moved by: Nygaard
Second by: Buhl
Action: Prevailed by voice vote.
MOTION: AMEND SB 176
176rb
On page 1, line 8, of the printed bill, delete "to" and insert "the".
On page 1, line 12, after ";" insert "or".
Moved by: Nygaard
Second by: Begalka
Action: Prevailed by voice vote.
MOTION: DO PASS SB 176 AS AMENDED
Moved by: Hunhoff (Jean)
Second by: Buhl
Action: Prevailed by roll call vote. (7-0-0-0)
Voting Yes: Begalka, Hunhoff (Jean), Nygaard, Vehle, Buhl, Cutler, Tieszen
SB 114: provide that parties to a divorce or separate maintenance action be restrained
from making changes to insurance coverage.
Presented by: Senator Elizabeth Kraus
Proponents: Randy Moses, Division of Insurance
MOTION: AMEND SB 114
114ja
On page 2, line 6, of the printed bill, after "court" insert "unless the change under the applicable
insurance coverage increases the benefits, adds additional property, persons, or perils to be covered,
or is required by the insurer".
Moved by: Vehle
Second by: Nygaard
Action: Prevailed by voice vote.
MOTION: DO PASS SB 114 AS AMENDED
Moved by: Nygaard
Second by: Begalka
Action: Prevailed by roll call vote. (7-0-0-0)
Voting Yes: Begalka, Hunhoff (Jean), Nygaard, Vehle, Buhl, Cutler, Tieszen
The gavel was passed to Senator Joni Cutler, Vice-Chair.
SB 156: prohibit the employment of unauthorized aliens, to criminalize the
knowing transportation, concealment, or solicitation of unauthorized aliens, and to
provide penalties therefor.
Presented by: Senator Craig Tieszen
Proponents: Zach Lautenschlager, SD Tea Party Alliance
Rachelle Hartze, self, Rapid City
Staci Eggert, SD Sheriff's Association
Tom Barnett, State Bar Association of South Dakota
Karen Collins, self, Faulkton
Kitty Werthmann, SD Eagle Forum
Linda Schauer, Concerned Women For America
Opponents: Karl Kroger, Pierre, self
Brenda Forman, SD Association of Cooperatives/SD Dairy Producers
Sam Ellingson, ACLU of SD
Sister Janet Horstman, Presentation Sisters of Aberdeen (Handouts: #5)
Marlene Schulz, National Association of Social Workers
Sister Lynn Marie Welbig, Presentation Sisters of Aberdeen
Sister Sheila Schnell, self, Sioux Falls
THE CHAIR DEFERRED SB 156 UNTIL THURSDAY, FEBRUARY 17, 2011
MOTION: ADJOURN
Moved by: Vehle
Second by: Buhl
Action: Prevailed by voice vote.
Rena Ortbahn
____________________________
Committee Secretary
Craig Tieszen, Chair
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