87th Legislative Session _ 2012

Committee: House Judiciary
Friday, February 24, 2012

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Abdallah
E    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 WEDNESDAY, FEBRUARY 22, 2012

Moved by:    Turbiville
Second by:    Gosch
Action:    Prevailed by voice vote.

        SB 43: criminalize the failure to report the death or disappearance of a child within a specified time by certain persons responsible for the care of the child.

Hearing on this bill was continued from the meeting of Wednesday, February 15, 2012, at which time proponent and opponent testimony was presented.

MOTION:    AMEND SB 43

43rb

    On page 1 of the printed bill, delete lines 5 to 9, inclusive, and insert:

"    Section 1. That chapter 22-11 be amended by adding thereto a NEW SECTION to read as follows:

    Any parent or legal guardian who knowingly fails to notify law enforcement within forty-eight hours of learning that a child, in his or her care and less than thirteen years of age, is missing is guilty of a Class 6 felony.

    Any caretaker who knowingly fails to notify law enforcement within forty-eight hours of learning that a child, in his or her care and less than thirteen years of age, is missing is guilty of a Class 1 misdemeanor.".


Moved by:    Tornow
Second by:    Hansen (Jon)
Action:    Was not acted on.

Chairman, Representative Hunt passed the gavel to Vice-Chair, Representative Gosch.

MOTION:    SUBSTITUTE MOTION AMEND SB 43

43ra

    On page 1, line 14, of the printed bill, after "felony." insert "This section does not apply to any health care provider or to any facility licensed pursuant to chapter 34-12.".


Moved by:    Turbiville
Second by:    Gibson
Action:    Prevailed by voice vote.

MOTION:    DO PASS SB 43 AS AMENDED

Moved by:    Nelson (Stace)
Second by:    Kopp
Action:    Failed by roll call vote. (5-5-3-0)
Voting Yes:    Hansen (Jon), Kopp, Nelson (Stace), Russell, Tornow

Voting No:    Abdallah, Gibson, Killer, Turbiville, Gosch

Excused:    Boomgarden, Feinstein, Hunt

MOTION:    SUBSTITUTE MOTION AMEND SB 43

43re

    On page 1, line 8, of the printed bill, delete "forty-eight" and insert "twelve".


Moved by:    Nelson (Stace)
Second by:    Tornow
Action:    Failed by voice vote.

MOTION:    SUBSTITUTE MOTION AMEND SB 43

43rd

    On page 1, line 8, of the printed bill, delete "forty-eight" and insert "twenty-four".


Moved by:    Hansen (Jon)
Second by:    Nelson (Stace)
Action:    Failed by roll call vote. (3-7-3-0)

Voting Yes:    Hansen (Jon), Nelson (Stace), Tornow

Voting No:    Abdallah, Gibson, Killer, Kopp, Russell, Turbiville, Gosch

Excused:    Boomgarden, Feinstein, Hunt

MOTION:    SUBSTITUTE MOTION AMEND SB 43

43rc

    On page 1, line 8, of the printed bill, delete "forty-eight" and insert "thirty-six".


Moved by:    Nelson (Stace)
Second by:    Tornow
Action:    Failed by voice vote.

MOTION:    DO PASS SB 43 AS AMENDED

Moved by:    Abdallah
Second by:    Nelson (Stace)
Action:    Prevailed by roll call vote. (10-0-3-0)

Voting Yes:    Abdallah, Gibson, Hansen (Jon), Killer, Kopp, Nelson (Stace), Russell, Tornow, Turbiville, Gosch

Excused:    Boomgarden, Feinstein, Hunt

        SB 86: 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.

Proponents:    Senator Larry Tidemann
        Mark York, SD State University Students' Association
        Mark Kreatzfeldt, Self, Madison
        Representative Nick Moser
        Representative Mark Kirkeby
        Carlos Beatty, Jr, Student Federation, Rapid City
        Teresa Johnson, University of SD Student Federation
        Steve Willard, Joint Fire Council
Opponents:    Nancy Kueter, Self, Rapid City (Handouts: #1 & #2)
        Paul Bachand, SD State's Attorneys Association
        Mike Leidholt, Hughes County Sheriff
        Staci Eggert, SD Sheriff's Association
        Yvonne Taylor, SD Municipal League (Handouts: #3)

MOTION:    DEFER SB 86 TO THE 41ST LEGISLATIVE DAY

Moved by:    Abdallah
Second by:    Nelson (Stace)
Action:    Was not acted on.

MOTION:    SUBSTITUTE MOTION AMEND SB 86

86rb
    On page 1, line 5, of the Senate Judiciary Committee engrossed bill, delete "any" and insert "underage consumption or possession in".

    On page 2, line 3, delete "any" and insert "underage consumption or possession in".

    On page 2, line 4, delete "contacts" and insert "initiate contact with".


Moved by:    Russell
Second by:    Tornow
Action:    Failed by roll call vote. (5-6-2-0)

Voting Yes:    Gibson, Hansen (Jon), Killer, Russell, Tornow

Voting No:    Abdallah, Kopp, Nelson (Stace), Turbiville, Gosch, Hunt

Excused:    Boomgarden, Feinstein

MOTION:    CALL THE QUESTION

Moved by:    Turbiville
Second by:    Abdallah
Action:    Prevailed by voice vote.

THE MOTION TO DEFER SB 86 TO THE 41ST LEGISLATIVE DAY

Moved by:    Abdallah
Second by:    Nelson (Stace)
Action:    PREVAILED BY ROLL CALL VOTE. (8-3-2-0)

Voting Yes:    Abdallah, Gibson, Hansen (Jon), Kopp, Nelson (Stace), Tornow, Gosch, Hunt

Voting No:    Killer, Russell, Turbiville

Excused:    Boomgarden, Feinstein

        SB 141: revise the legal definition of the term, domestic abuse.

Proponents:    Senator Deb Peters
        Dianna Miller, SD Network Against Family Violence and Sexual Assault

MOTION:    DO PASS SB 141


Moved by:    Gibson
Second by:    Killer
Action:    Failed by roll call vote. (5-4-4-0)

Voting Yes:    Gibson, Hansen (Jon), Killer, Turbiville, Gosch

Voting No:    Kopp, Nelson (Stace), Russell, Tornow

Excused:    Abdallah, Boomgarden, Feinstein, Hunt

MOTION:    DEFER SB 141 UNTIL MONDAY, FEBRUARY 27, 2012

Moved by:    Gibson
Second by:    Turbiville
Action:    Failed by voice vote.

MOTION:    TO TABLE SB 141

Moved by:    Russell
Second by:    Tornow
Action:    Failed by roll call vote. (6-4-3-0)

Voting Yes:    Hansen (Jon), Kopp, Nelson (Stace), Russell, Tornow, Gosch

Voting No:    Abdallah, Gibson, Killer, Turbiville

Excused:    Boomgarden, Feinstein, Hunt

MOTION:    DO NOT PASS SB 141

Moved by:    Hansen (Jon)
Action:    Died for lack of a second.

MOTION:    DEFER SB 141 TO THE 41ST LEGISLATIVE DAY

Moved by:    Russell
Second by:    Tornow
Action:    Failed by roll call vote. (6-5-2-0)

Voting Yes:    Hansen (Jon), Kopp, Nelson (Stace), Russell, Tornow, Gosch
Voting No:    Abdallah, Feinstein, Gibson, Killer, Turbiville

Excused:    Boomgarden, Hunt

MOTION:    DO PASS SB 141

Moved by:    Gibson
Action:    Withdrawn.

        THE CHAIR DEFERRED SB 141 UNTIL MONDAY, FEBRUARY 27, 2012

The gavel was returned to the Chair, Representative Hunt.

        SB 10: revise certain provisions pertaining to boating while under the influence.

Proponents:    Tony Leif, Department of Game, Fish and Parks
        Ken Meyer, Lake County State's Attorney, self
        Jeff Banks, Beadle County Deputy State's Attorney, self
        Shane Penfield, Self, Lemmon
        Staci Eggert, SD Sheriff's Association
        Paul Bachand, SD State's Attorneys Association

MOTION:    DO PASS SB 10

Moved by:    Gibson
Second by:    Kopp
Action:    Prevailed by roll call vote. (9-2-2-0)

Voting Yes:    Abdallah, Gibson, Hansen (Jon), Killer, Kopp, Nelson (Stace), Russell, Turbiville, Hunt

Voting No:    Tornow, Gosch

Excused:    Boomgarden, Feinstein

        SB 91: allow officers of corporations to represent corporations in property tax appeals at the Office of Hearing Examiners.

Proponents:    Senator Al Novstrup
        Tom Barnett, State Bar Association of South Dakota

MOTION:    AMEND SB 91

91fc

    On page 1 of the Senate engrossed bill, delete lines 6 to 9, inclusive, and insert:

"

    After notice and unanimous vote of the shareholders, a shareholder of a subchapter S corporation that has ten or fewer shareholders, may represent the corporation during a property tax appeal, pursuant to chapter 10-11, to the Office of Hearing Examiners. The designated shareholder does not need to be a licensed attorney. In order to exercise this option, the corporation shall present to the Office of Hearing Examiners, the name and mailing address of each of the shareholders, proof of notice to the shareholders, and a copy of the minutes and motion or resolution reflecting the unanimous vote authorizing the designated shareholder to represent the corporation in the appeal.".


Moved by:    Gibson
Second by:    Nelson (Stace)
Action:    Prevailed by voice vote.

MOTION:    DO PASS SB 91 AS AMENDED

Moved by:    Gibson
Second by:    Nelson (Stace)
Action:    Prevailed by roll call vote. (11-0-2-0)

Voting Yes:    Abdallah, Gibson, Hansen (Jon), Killer, Kopp, Nelson (Stace), Russell, Tornow, Turbiville, Gosch, Hunt

Excused:    Boomgarden, Feinstein

        THE CHAIR DEFERRED SB 149 UNTIL MONDAY, FEBRUARY 27, 2012

MOTION:    ADJOURN

Moved by:    Nelson (Stace)
Second by:    Gosch
Action:    Prevailed by voice vote.

Bonnie Fischer

____________________________

Committee Secretary
Roger W. Hunt, Chair

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