87
th Legislative Session _ 2012
Committee: House Judiciary
Wednesday, February 01, 2012
P - Present
E - Excused
A - Absent
Roll Call
P Abdallah
P Boomgarden
P Feinstein
P Gibson
P 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 Chairman, Representative Roger Hunt.
MOTION: TO APPROVE THE MINUTES OF MONDAY, JANUARY 30, 2012
Moved by: Gosch
Second by: Hansen (Jon)
Action: Prevailed by voice vote.
HB 1143: revise certain provisions relating to a perpetrator's knowledge of a rape
victim's age or capability to give consent.
Presented by: Representative Stace Nelson
Opponents: Lindsey Riter-Rapp, SD Association Criminal Defense Lawyers
MOTION: DO PASS HB 1143
Moved by: Tornow
Second by: Kopp
Action: Was not acted on.
MOTION: SUBSTITUTE MOTION AMEND HB 1143
1143rb
On page 2 of the printed bill, delete lines 2 and 3, and insert "anesthetic agent or hypnosis; or".
Moved by: Feinstein
Second by: Killer
Action: Prevailed by voice vote.
MOTION: DO PASS HB 1143 AS AMENDED
Moved by: Hansen (Jon)
Second by: Turbiville
Action: Prevailed by roll call vote. (7-5-1-0)
Voting Yes: Abdallah, Hansen (Jon), Killer, Kopp, Nelson (Stace), Russell, Tornow
Voting No: Boomgarden, Feinstein, Gibson, Turbiville, Gosch
Excused: Hunt
HB 1099: increase the fee for a payor to withhold child support.
Presented by: Representative Shawn Tornow
Proponents: Jeff Tornow, Electronic Systems Incorporated (Handouts: #1)
David Owen, SD Chamber of Commerce and Industry
Opponents: Terry Walter, Department of Social Services
MOTION: DEFER HB 1099 TO THE 41
ST LEGISLATIVE DAY
Moved by: Turbiville
Second by: Abdallah
Action: Was not acted on.
Gavel returned to Chair.
MOTION: SUBSTITUTE MOTION DO PASS HB 1099
Moved by: Kopp
Second by: Russell
Action: Failed by roll call vote. (4-8-1-0)
Voting Yes: Hansen (Jon), Kopp, Russell, Tornow
Voting No: Abdallah, Boomgarden, Feinstein, Gibson, Killer, Turbiville, Gosch, Hunt
Excused: Nelson (Stace)
THE MOTION TO DEFER HB 1099 TO THE 41ST LEGISLATIVE DAY
Moved by: Turbiville
Second by: Abdallah
Action: PREVAILED BY ROLL CALL VOTE. (8-4-1-0)
Voting Yes: Abdallah, Boomgarden, Feinstein, Gibson, Killer, Turbiville, Gosch, Hunt
Voting No: Hansen (Jon), Kopp, Russell, Tornow
Excused: Nelson (Stace)
HB 1213: revise certain provisions regarding liability for torts and product
identification requirements.
MOTION: REFER HB 1213 TO STATE AFFAIRS
Moved by: Boomgarden
Second by: Turbiville
Action: Prevailed by voice vote.
HB 1053: establish the hope card program relating to protection orders.
Presented by: Representative Patricia Stricherz (Handouts: #1, #2 and #3)
Opponents: Greg Sattizahn, Unified Judicial System
THE CHAIR DEFERRED HB 1053 UNTIL A LATER DATE, UNTIL A FISCAL
NOTE IS OBTAINED.
HB 1114: amend provision limiting the time used to determine if a violation is a third
or subsequent offense.
Presented by: Representative Jon Hansen
Proponents: Paul Bachand, SD State's Attorneys Association
Dianna Miller, SD Network Against Family Violence and Sexual Assault
Lynne Valenti, Department of Social Services
MOTION: DO PASS HB 1114
Moved by: Gibson
Second by: Gosch
Action: Prevailed by roll call vote. (10-0-3-0)
Voting Yes: Boomgarden, Feinstein, Gibson, Hansen (Jon), Killer, Kopp, Russell, Turbiville,
Gosch, Hunt
Excused: Abdallah, Nelson (Stace), Tornow
MOTION: PLACE HB 1114 ON CONSENT CALENDAR
Moved by: Turbiville
Second by: Gosch
Action: Failed by voice vote.
HB 1181: revise certain requirements concerning the qualifications of petition
circulators.
Presented by: Representative Mark Kirkeby
MOTION: AMEND HB 1181
1181ra
On page 1 of the printed bill, delete lines 10 and 11, and insert "or issues on any election
ballot;".
Moved by: Abdallah
Second by: Hansen (Jon)
Action: Prevailed by voice vote.
MOTION: DO PASS HB 1181 AS AMENDED
Moved by: Turbiville
Second by: Gosch
Action: Prevailed by roll call vote. (10-2-1-0)
Voting Yes: Abdallah, Boomgarden, Gibson, Hansen (Jon), Kopp, Russell, Tornow, Turbiville,
Gosch, Hunt
Voting No: Feinstein, Killer
Excused: Nelson (Stace)
HB 1186: prohibit registered sex offenders from circulating petitions and to provide
a penalty for the violation thereof.
Presented by: Representative Phil Jensen
Proponents: Kevin Thom, Pennington County Sherrif's Office (Handouts: #1, #2 and #3)
Staci Eggert, SD Sheriff's Association
MOTION: DO PASS HB 1186
Moved by: Boomgarden
Second by: Turbiville
Action: Was not acted on.
MOTION: SUBSTITUTE MOTION AMEND HB 1186
1186ra
On page 2 of the printed bill, delete lines 2 to 6, inclusive.
Moved by: Hansen (Jon)
Second by: Gosch
Action: Failed by roll call vote. (2-10-1-0)
Voting Yes: Hansen (Jon), Hunt
Voting No: Abdallah, Boomgarden, Feinstein, Gibson, Killer, Kopp, Russell, Tornow, Turbiville,
Gosch
Excused: Nelson (Stace)
THE MOTION TO DO PASS HB 1186
Moved by: Boomgarden
Second by: Turbiville
Action: PREVAILED BY ROLL CALL VOTE. (10-2-1-0)
Voting Yes: Abdallah, Boomgarden, Gibson, Hansen (Jon), Kopp, Russell, Tornow, Turbiville,
Gosch, Hunt
Voting No: Feinstein, Killer
Excused: Nelson (Stace)
HB 1160: provide for the award of filing fees as court costs in certain appeals.
THE CHAIR DEFERRED HB 1160 UNTIL THE NEXT MEETING.
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 THE NEXT MEETING.
MOTION: ADJOURN
Moved by: Gosch
Second by: Hansen (Jon)
Action: Prevailed by voice vote.
Bonnie Fischer
____________________________
Committee Secretary
Roger W. Hunt, Chair
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