Committee: House Judiciary
Monday, January 30, 2012
P - Present
E - Excused
A - Absent
Roll Call
P Abdallah
P Boomgarden
P Feinstein
P Gibson
P Hansen (Jon)
E 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 Chairman, Representative Roger Hunt.
MOTION: TO APPROVE THE MINUTES OF WEDNESDAY, JANUARY 25, 2012
Moved by: Turbiville
Second by: Gibson
Action: Prevailed by voice vote.
HB 1067: guarantee an employee's right to secure a physician and other medical
services of their choosing for care under a worker's compensation claim.
Presented by: Representative Patrick Kirschman
Proponents: Mark Anderson, State Federation of Labor AFL-CIO, SD
Opponents: Mike Shaw, Property Casualty Insurance Association of America
James Marsh, Department of Labor and Regulation
David Owen, SD Chamber of Commerce and Industry
Shawn Lyons, SD Retailers Association
Justin Smith, Sioux Falls Chamber
Lindsey Riter-Rapp, National Federation of Independent Business
Myron Rau, SD Trucking Association
Julie Johnson, Absolutely Aberdeen
Deb Mortenson, Associated General Contractors of SD - HHU Chapter
Michele Brich, SD Innkeepers Association
MOTION: DEFER HB 1067 TO THE 41
ST LEGISLATIVE DAY
Moved by: Abdallah
Second by: Turbiville
Action: Prevailed by roll call vote. (10-2-1-0)
Voting Yes: Abdallah, Boomgarden, Hansen (Jon), Kopp, Nelson (Stace), Russell, Tornow,
Turbiville, Gosch, Hunt
Voting No: Feinstein, Gibson
Excused: Killer
MOTION: SUBSTITUTE MOTION DO PASS HB 1067
Moved by: Feinstein
Second by: Gibson
Action: Failed by roll call vote. (2-10-1-0)
Voting Yes: Feinstein, Gibson
Voting No: Abdallah, Boomgarden, Hansen (Jon), Kopp, Nelson (Stace), Russell, Tornow,
Turbiville, Gosch, Hunt
Excused: Killer
HB 1068: guarantee the right of individuals to secure medical services of their
choosing.
Presented by: Representative Patrick Kirschman
Proponents: Mark Anderson, State Federation of Labor AFL-CIO, SD
Opponents: Dave Hewett, SD Association of Healthcare Organizations
Dennis Duncan, Dakotacare
Dick Tieszen, SD Associated School Boards
Justin Smith, Sioux Falls Chamber
James Marsh, Department of Labor and Regulation
Jill Kruger, Department of Labor and Regulation
MOTION: TO TABLE HB 1068
Moved by: Boomgarden
Second by: Gosch
Action: Prevailed by roll call vote. (10-1-2-0)
Voting Yes: Boomgarden, Gibson, Hansen (Jon), Kopp, Nelson (Stace), Russell, Tornow,
Turbiville, Gosch, Hunt
Voting No: Feinstein
Excused: Abdallah, Killer
HJR 1003: Proposing and submitting to the electors at the next general election an
amendment to Article VI of the Constitution of the State of South Dakota, relating
to the right of individuals to secure medical services of their choosing.
Presented by: Representative Patrick Kirschman
Proponents: Mark Anderson, State Federation of Labor AFL-CIO, SD
Opponents: David Hewett, SD Association of Healthcare Organizations
Shawn Lyons, SD Retailers Association
David Owen, SD Chamber of Commerce and Industry
James Marsh, Department of Labor and Regulation
MOTION: DO PASS HJR 1003
Moved by: Gibson
Second by: Feinstein
Action: Was not acted on.
MOTION: SUBSTITUTE MOTION DEFER HJR 1003 TO THE 41
ST LEGISLATIVE DAY
Moved by: Turbiville
Second by: Gosch
Action: Prevailed by roll call vote. (10-2-1-0)
Voting Yes: Abdallah, Boomgarden, Hansen (Jon), Kopp, Nelson (Stace), Russell, Tornow,
Turbiville, Gosch, Hunt
Voting No: Feinstein, Gibson
Excused: Killer
HB 1132: prohibit businesses and employers from establishing certain policies
against the ability of an invitee or employee to store firearms and ammunition in a
locked motor vehicle parked on the premises.
Presented by: Senator Russell Olson
Proponents: Brent Gardner, National Rifle Association
Joe Kraljic, Rail Conference and Teamsters
Representative Betty Olson
Opponents: Shawn Lyons, SD Retailers Association
David Owen, SD Chamber of Commerce and Industry
Dianna Miller, SD Network Against Family Violence and Sexual Assault
Myron Rau, SD Trucking Association
Dick Gregerson, Sioux Falls Chamber of Commerce
Julie Johnson, Absolutely Aberdeen
Michele Brich, SD Innkeepers Association
Lindsey Riter-Rapp, Sd Association Criminal Defense Lawyers
MOTION: DO PASS HB 1132
Moved by: Gosch
Second by: Kopp
Action: Was not acted on.
MOTION: SUBSTITUTE MOTION AMEND HB 1132
On page 2, line 1, of the printed bill, delete "an" and insert "any".
Moved by: Tornow
Second by: Nelson (Stace)
Action: Prevailed by voice vote.
MOTION: DO PASS HB 1132 AS AMENDED
Moved by: Hansen (Jon)
Second by: Nelson (Stace)
Action: Prevailed by roll call vote. (10-2-1-0)
Voting Yes: Abdallah, Boomgarden, Gibson, Hansen (Jon), Kopp, Nelson (Stace), Russell,
Tornow, Turbiville, Gosch
Voting No: Feinstein, Hunt
Excused: Killer
HB 1143: revise certain provisions relating to a perpetrator's knowledge of a rape
victim's age or capability to give consent.
THE CHAIR DEFERRED HB 1143 UNTIL WEDNESDAY, FEBRUARY 1, 2012
HB 1126: establish provisions that a bond paid by, or on behalf of, a defendant in a
criminal case shall be paid to the Department of Social Services to pay any child
support the defendant owes.
THE CHAIR DEFERRED HB 1126 UNTIL WEDNESDAY, FEBRUARY 1, 2012
HB 1053: establish the hope card program relating to protection orders.
THE CHAIR DEFERRED HB 1053 UNTIL WEDNESDAY, FEBRUARY 1, 2012
MOTION: ADJOURN
Moved by: Turbiville
Second by: Gosch
Action: Prevailed by voice vote.
Bonnie Fischer
____________________________
Committee Secretary
Roger W. Hunt, Chair
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