P - Present
Roll Call
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Chair Cutler.
MOTION:
TO APPROVE THE MINUTES OF MONDAY, JANUARY 28, 2008.
MOTION:
REFER HB 1297 TO COMMERCE
MOTION:
TO TABLE HB 1063
Presented by: Representative Joni Cutler
E - Excused
A - Absent
P Buckingham
P Engels
P Feinstein
P Gillespie
P Gilson
P Hunt, Vice-Chair
P Lust
P Moore
P Peters
P Vanneman
P Vehle
P Willadsen
P Cutler, Chair
Moved by: Willadsen
Second by: Gilson
Action: Prevailed by voice vote.
HB 1297: provide a maximum finance charge for short-term consumer loans and title
loans.
Moved by: Buckingham
Second by: Peters
Action: Prevailed by voice vote.
HB 1217: authorize the creation of a circuit court judgeship in the Seventh Judicial
Circuit and to make an appropriation therefor.
Presented by: Representative David Lust
Proponents: Judge Jeff Davis, Seventh Circuit Court (Handout #1)
Judge David Gilbertson, Chief Justice of the Supreme Court
MOTION:
DO PASS HB 1217
Moved by: Engels
Second by: Hunt
Action: Prevailed by roll call vote. (13-0-0-0)
Voting Yes: Buckingham, Engels, Feinstein, Gillespie, Gilson, Hunt, Lust, Moore, Peters,
Vanneman, Vehle, Willadsen, Cutler
MOTION:
REFER HB 1217 TO APPROPRIATIONS
Moved by: Peters
Second by: Willadsen
Action: Prevailed by voice vote.
HB 1063: provide for the use of a DNA profile in certain warrants, indictments, and
informations.
Moved by: Peters
Second by: Willadsen
Action: Prevailed by roll call vote. (13-0-0-0)
Voting Yes: Buckingham, Engels, Feinstein, Gillespie, Gilson, Hunt, Lust, Moore, Peters,
Vanneman, Vehle, Willadsen, Cutler
HB 1141: prohibit the implanting of a microchip and provide a civil recovery.
Presented by: Representative Tom Hackl (Handout #2)
Proponents: Jennifer Ring, ACLU of the Dakotas, by Caitlin Collier, with permission of the
Chair.
MOTION:
DEFER HB 1141 TO THE 36TH LEGISLATIVE DAY
Moved by: Peters
Second by: Gilson
Action: Prevailed by roll call vote. (10-2-1-0)
Voting Yes: Buckingham, Gillespie, Gilson, Lust, Moore, Peters, Vanneman, Vehle, Willadsen,
Cutler
Voting No: Engels, Feinstein
Excused: Hunt
HB 1260: revise sex offender registry provisions for persons without a residence
address.
Gavel passed to Representative Peters.
Proponents: Scott Swier, Office of Attorney General
MOTION:
DO PASS HB 1260
Moved by: Gillespie
Second by: Feinstein
Action: Was not acted on.
MOTION:
SUBSTITUTE MOTION AMEND HB 1260
Moved by: Moore
Second by: Engels
Action: Failed by voice vote.
HB 1238: revise the limitation period for commencing child abuse prosecutions.
Presented by: Representative Margaret Gillespie
Proponents: Dan Todd, Department of Social Services
MOTION:
AMEND HB 1238
"
Section 1. That
§
26-10-1
be amended to read as follows:
26-10-1.
Any person who abuses, exposes, tortures, torments, or cruelly punishes a minor in a
manner which does not constitute aggravated assault, is guilty of a Class 4 felony. If the victim is
less than seven years of age, the person is guilty of a Class 3 felony. The use of reasonable force, as
provided in § 22-18-5, is a defense to an offense under this section.
Notwithstanding
§
23A-42-2,
a charge brought pursuant to this section may be commenced at any time before the victim becomes
age twenty-five or within seven years of the commission of the crime, whichever is longer.
Moved by: Peters
Second by: Hunt
Action: Prevailed by voice vote.
HB 1239: permit persons convicted of driving under the influence to operate a
vehicle for 24/7 sobriety testing and to declare an emergency.
THE CHAIR DEFERRED HB 1239 UNTIL MONDAY, FEBRUARY 4, 2008.