86
th Legislative Session _ 2011
Committee: Senate Judiciary
Thursday, February 17, 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 15, 2011
Moved by: Buhl
Second by: Cutler
Action: Prevailed by voice vote.
MOTION: CONFIRM REAPPOINTMENT OF LYNNETTE B. GORDON OF LAWRENCE
COUNTY, DEADWOOD, SOUTH DAKOTA, TO THE CRIME VICTIMS'
COMPENSATION COMMISSION
Moved by: Cutler
Second by: Nygaard
Action: Prevailed by roll call vote. (7-0-0-0)
Voting Yes: Begalka, Hunhoff (Jean), Nygaard, Vehle, Buhl, Cutler, Tieszen
MOTION: REMOVE SB 164 FROM THE TABLE
Moved by: Begalka
Second by: Nygaard
Action: Prevailed by roll call vote. (5-2-0-0)
Voting Yes: Begalka, Hunhoff (Jean), Nygaard, Buhl, Tieszen
Voting No: Vehle, Cutler
SB 141: grant limited immunity from arrest and prosecution for certain alcohol
consumption related offenses to persons who assist certain persons in need of
emergency assistance or who are themselves in need of emergency assistance.
Presented by: Senator Larry Tidemann
Proponents: Eric Haiar, SDSU Students' Association
Brett Monson, SDSU Students' Association
Emmett Reistroffer, Sioux Falls (Handouts: #1)
Mark York, self, Brookings
Jameson Berreth, self, Brookings
Opponents: Paul Bachand, SD State's Attorneys Association
Kelly Marnette, Hughes County States Attorney
Nancy Kueter, self, Rapid City (Handouts: #2 & #3)
MOTION: AMEND SB 141
141rb
On page 1, line 5, of the printed bill, delete "offense" and insert "misdemeanor offense of
underage consumption, open container, or public intoxication,".
On page 1, line 13, delete "offense" and insert "misdemeanor offense of underage consumption,
open container, or public intoxication,".
Moved by: Cutler
Second by: Begalka
Action: Prevailed by voice vote.
MOTION: AMEND THE PENDING AMENDMENT
141rc
On page 1, line 7, of the printed bill, after "of" insert "emergency".
On page 1, line 10, after "of" insert "emergency".
Moved by: Hunhoff (Jean)
Second by: Cutler
Action: Prevailed by voice vote.
MOTION: DO PASS SB 141 AS AMENDED
Moved by: Buhl
Second by: Cutler
Action: Prevailed by roll call vote. (6-1-0-0)
Voting Yes: Begalka, Hunhoff (Jean), Nygaard, Buhl, Cutler, Tieszen
Voting No: Vehle
SB 172: reduce the interest rate applied for certain judgements, liens, and damages.
Presented by: Senator Joni Cutler
Proponents: David Owen, SD Chamber of Commerce & Industry
Lindsey Riter-Rapp, SD Independent Auto Dealers Assn.
Dick Tieszen, State Farm Insurance
Mike Shaw, Pfizer, Inc.
Tim Dougherty, Altria Client Services, Inc. and its Affiliates/3M Company
Ron Olinger, SD Retailers Association
Myron Rau, SD Trucking Association
Opponents: Lorin Pankratz, Sanford Health
Steve Siegel, SD Trial Lawyers Association
MOTION: AMEND SB 172
172fb
On page 1, line 7, of the printed bill, delete "Category B Category A" and insert "Category B".
On page 1, line 9, after "actions" insert ", personal injury actions, and actions brought under
§ 37-24-31".
On page 2, line 10, delete "Category B Category A" and insert "Category B".
On page 2, line 11, after "actions" insert ", personal injury actions, and actions brought under
§ 37-24-31".
Moved by: Nygaard
Second by: Hunhoff (Jean)
Action: Prevailed by voice vote.
MOTION: DO PASS SB 172 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
MOTION: PLACE SB 172 ON CONSENT CALENDAR
Moved by: Nygaard
Action: Was not acted on.
SB 156: prohibit the employment of unauthorized aliens, to criminalize the knowing
transportation, concealment, or solicitation of unauthorized aliens, and to provide
penalties therefor.
Testimony was continued from the Tuesday, February 15, 2011 meeting.
Presented by: Senator Craig Tieszen
Proponents: Larry Nelson, SD Police Chief's Association
Opponents: Julie Johnson, Absolutely Aberdeen
Pam Merchant, self, Brookings
Responded to committee questions: Sister Janet Horstman, Presentation Sisters of Aberdeen
MOTION: AMEND SB 156
156rb
On page 2 of the printed bill, delete lines 21 to 24, inclusive.
Moved by: Nygaard
Second by: Buhl
Action: Prevailed by voice vote.
MOTION: AMEND SB 156
156ra
On page 1 of the printed bill, delete lines 8 to 12, inclusive, and insert:
" Section 2. For the purposes of this Act, an unauthorized alien is any person who does not have
the legal right or authorization under federal law to work in the United States.".
On page 2, delete lines 10 to 20, inclusive.
Moved by: Tieszen
Second by: Vehle
Action: Prevailed by voice vote.
MOTION: AMEND SB 156
156re
On page 2, line 1, of the printed bill, after "program" insert "or through completion of I-9
forms".
Moved by: Begalka
Second by: Nygaard
Action: Prevailed by voice vote.
MOTION: DO PASS SB 156 AS AMENDED
Moved by: Tieszen
Second by: Vehle
Action: Prevailed by roll call vote. (4-3-0-0)
Voting Yes: Begalka, Vehle, Cutler, Tieszen
Voting No: Hunhoff (Jean), Nygaard, Buhl
MOTION: AMEND TITLE OF SB 156
156rtb
On page 1, line 1, of the printed bill, delete ", to".
On page 1, delete line 2.
Moved by: Tieszen
Second by: Vehle
Action: Prevailed by voice vote.
THE CHAIR DEFERRED SB 63,
SB 178,
SB 179, and HB 1041 UNTIL
TUESDAY, JANUARY 22, 2011
MOTION: ADJOURN
Moved by: Hunhoff (Jean)
Second by: Vehle
Action: Prevailed by voice vote.
Rena Ortbahn
____________________________
Committee Secretary
Craig Tieszen, Chair
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