86
th Legislative Session _ 2011
Committee: House Judiciary
Monday, February 28, 2011
P - Present
E - Excused
A - Absent
Roll Call
P Abdallah
P Boomgarden
P Feinstein
P Gibson
E Hansen (Jon)
P Killer
P Kopp
P Nelson (Stace)
P Russell
P Tornow
P Turbiville
P Gosch, Vice-Chair
P Hunt, Chair
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Vice Chair Gosch.
MOTION: CORRECT THE MINUTES OF FEBRUARY 25, 2011, AS FOLLOWS: ON PAGE 2
OF THE HOUSE JUDICIARY COMMITTEE MINUTES OF FEBRUARY 25, 2011,
LINE 17, DELETE WITH AND INSERT WITHOUT. ALSO, ON PAGE 2, LINE
18, DELETE WITH AND INSERT WITHOUT.
Moved by: Tornow
Second by: Russell
Action: Prevailed by voice vote.
MOTION: TO APPROVE THE MINUTES OF FEBRUARY 25, 2011, AS CORRECTED
Moved by: Turbiville
Second by: Kopp
Action: Prevailed by voice vote.
SB 33: revise certain provisions regarding the 24/7 sobriety program, to authorize the
collection of certain fees, and to authorize the use of ignition interlock devices.
Presented by: Marty Jackley, Attorney General
Proponents: Senator Stanford Adelstein
Lila Doud, MADD (handouts 1-3)
Connie S. Freidel, self, Rapid City
MOTION: DO PASS SB 33
Moved by: Abdallah
Second by: Nelson (Stace)
Action: Was not acted on.
MOTION: SUBSTITUTE MOTION AMEND SB 33
33rb
On page 1, line 14, of the Senate engrossed bill, delete "or" and insert "and".
Moved by: Russell
Second by: Gibson
Action: Prevailed by voice vote.
MOTION: DO PASS SB 33 AS AMENDED
Moved by: Russell
Second by: Gibson
Action: Prevailed by roll call vote. (10-1-2-0)
Voting Yes: Abdallah, Feinstein, Gibson, Killer, Kopp, Nelson (Stace), Russell, Tornow, Turbiville,
Gosch
Voting No: Boomgarden
Excused: Hansen (Jon), Hunt
Vice Chair Gosch turned the gavel over to Representative Turbiville.
SB 114: provide that parties to a divorce or separate maintenance action be restrained
from making changes to insurance coverage.
Presented by: Representative Mike Verchio
MOTION: DO PASS SB 114
Moved by: Russell
Second by: Gibson
Action: Prevailed by roll call vote. (9-0-4-0)
Voting Yes: Boomgarden, Feinstein, Gibson, Killer, Kopp, Nelson (Stace), Russell, Tornow,
Turbiville
Excused: Abdallah, Hansen (Jon), Gosch, Hunt
The gavel was returned to Vice Chair Gosch.
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: Representative Peggy Gibson
Proponents: Senator Larry Tidemann
Eric Haiar, SDSU Students' Association
Brett Monson, SDSU Students' Association
Emmett Reistroffer, self , Sioux Falls (handout 4)
Jameson Berreth, self, Brookings
Mark York, self, Brookings
Opponents: Chuck Schroyer, SD States Attorneys Association
Kelly Marnette, Hughes County States Attorney
Yvonne Taylor, SD Police Chiefs Assoc.
Staci Eggert, SD Sheriff's Association
Nancy Kueter, self, Rapid City (handouts 5 - 9)
Andy Howe, self, Vermillion
Chad Passick, self, Vermillion
MOTION: TO TABLE SB 141
Moved by: Tornow
Second by: Nelson (Stace)
Action: Failed by roll call vote. (6-5-2-0)
Voting Yes: Abdallah, Kopp, Nelson (Stace), Tornow, Turbiville, Gosch
Voting No: Boomgarden, Feinstein, Gibson, Killer, Russell
Excused: Hansen (Jon), Hunt
MOTION: AMEND SB 141
141rd
On page 2 of the Senate Judiciary Committee engrossed bill, delete lines 2 to 8, inclusive.
Moved by: Boomgarden
Second by: Nelson (Stace)
Action: Was not acted on.
MOTION: SUBSTITUTE MOTION DEFER SB 141 TO THE 41
ST LEGISLATIVE DAY
Moved by: Nelson (Stace)
Second by: Tornow
Action: Failed by roll call vote. (6-5-2-0)
Voting Yes: Abdallah, Kopp, Nelson (Stace), Tornow, Turbiville, Gosch
Voting No: Boomgarden, Feinstein, Gibson, Killer, Russell
Excused: Hansen (Jon), Hunt
MOTION: AMEND SB 141
141rd
On page 2 of the Senate Judiciary Committee engrossed bill, delete lines 2 to 8, inclusive.
Moved by: Boomgarden
Second by: Nelson (Stace)
Action: Prevailed by voice vote.
THE CHAIR DEFERRED FINAL ACTION ON SB 141 UNTIL WEDNESDAY,
MARCH 2, 2011
SB 31: revise certain provisions regarding the expungement of arrest records.
Opponents: Traci Smith, SD Assoc. Of Criminal Defense Lawyers
THE CHAIR DEFERRED SB 31 UNTIL WEDNESDAY, MARCH 2, 2011
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: AMEND SB 173
173ra
On page 1, line 9, of the printed bill, after "maturity" delete ",".
Moved by: Tornow
Second by: Russell
Action: Prevailed by voice vote.
MOTION: DO PASS SB 173 AS AMENDED
Moved by: Abdallah
Second by: Feinstein
Action: Prevailed by roll call vote. (11-1-1-0)
Voting Yes: Abdallah, Boomgarden, Feinstein, Gibson, Killer, Kopp, Russell, Tornow, Turbiville,
Gosch, Hunt
Voting No: Nelson (Stace)
Excused: Hansen (Jon)
MOTION: ADJOURN
Moved by: Turbiville
Second by: Nelson (Stace)
Action: Prevailed by voice vote.
Cindy Tryon
____________________________
Committee Secretary
Brian G. Gosch, Vice Chair
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