89^th Legislative Session _ 2014

Committee: House Judiciary

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Cronin
P    Erickson
P    Feinstein
P    Gibson
P    Hajek
P    Hoffman
P    Johns
P    Killer
P    Kopp
P    Magstadt
P    Wink
P    Stevens, Vice-Chair
P    Gosch, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Representative Gosch, Chair.

MOTION:    TO APPROVE THE MINUTES OF JANUARY 31, 2014

Moved by:    Wink
Second by:    Kopp
Action:    Prevailed by voice vote.

Representative Gosch passed the gavel to Representative Stevens, Vice-Chair.

    HB 1177: restrict the regulation by local governments of distracted or inattentive driving.

Presented by:    Representative Brian Gosch
Proponents:    Myron Rau, SD Trucking Association

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        Matthew McCaulley, Alliance of Automobile Manufacturers
        Bob Miller, Dakota Transit Association
        Bob Miller, Funeral Directors' Association
        Mike Shaw, Property Casualty Insurance Association of America
Opponents:    Steve Allender, City of Rapid City
        Yvonne Taylor, SD Municipal League

MOTION:    AMEND HB 1177

1177ja

    On the printed bill, delete everything after the enacting clause and insert:

"    Section 1. That chapter 32-26 be amended by adding thereto a NEW SECTION to read as follows:

    No person may operate a motor vehicle on a highway while using a handheld electronic wireless communication device to write, send, or read a text-based communication. This section does not apply to a person who is using a handheld electronic wireless communication device:

            (1)    While the vehicle is lawfully parked;

            (2)    To contact any emergency public safety answering point or dispatch center;

            (3)    To write, read, select, or enter a telephone number or name in an electronic wireless communications device for the purpose of making or receiving a telephone call; or

            (4)    When using voice operated or hands free technology.

    State or local law enforcement agencies shall enforce this section as a secondary action. A violation of this section is a petty offense.

    Section 2. That chapter 32-26 be amended by adding thereto a NEW SECTION to read as follows:

    Terms used in this Act mean:

            (1)    "Electronic wireless communication device," a mobile communication device that uses short-wave analog or digital radio transmissions or satellite transmissions between the device and a transmitter to permit wireless telephone communications to and from the user of the device within a specified area;

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            (2)    "Voice operated or hands free technology," technology that allows a user to write, send, or listen to a text-based communication without the use of either hand except to activate, deactivate, or initiate a feature or function; and

            (3)    "Write, send, or read a text-based communication," using an electronic wireless communications device to manually communicate with any person using text-based communication including communications referred to as a text message, instant message, or electronic mail.

    Section 3. That chapter 32-26 be amended by adding thereto a NEW SECTION to read as follows:

    The Department of Public Safety shall expend lawfully appropriated funds to develop and communicate a distracted drivers public awareness campaign.

    
    Section 4. That chapter 32-26 be amended by adding thereto a NEW SECTION to read as follows:
        For the purposes of equitable and uniform regulation and implementation, the Legislature is the exclusive regulator of all matters relating to distracted driving and use of electronic wireless communication devices in motor vehicles.

    Section 5. That chapter 32-26 be amended by adding thereto a NEW SECTION to read as follows:
    No electronic wireless communication device used in a violation of the provisions of this Act may be seized by a law enforcement officer."

Moved by:    Cronin
Second by:    Magstadt
Action:    Prevailed by voice vote.

        THE CHAIR DEFERRED HB 1177 AS AMENDED UNTIL MONDAY, FEBRUARY 10, 2014

Representative Stevens passed the gavel to Representative Gosch, Chair.

    HB 1171: revise provisions relating to trespass associated with hunting, fishing, or trapping.

Presented by:    Representative Justin Cronin
Proponents:    Jeremiah M Murphy, SD Stockgrowers Association (Handout: 1)
        Brenda Forman, SD Cattlemen's Association
Opponents:    Chris Hesla, SD Wildlife Federation

MOTION:    DO PASS HB 1171

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Moved by:    Wink
Second by:    Hajek
Action:    Prevailed by roll call vote. (11-2-0-0)

Voting Yes:    Cronin, Erickson, Hajek, Hoffman, Johns, Killer, Kopp, Magstadt, Wink, Stevens, Gosch

Voting No:    Feinstein, Gibson

    HB 1182: provide for the establishment of crossbow hunting seasons during certain archery hunting seasons.

Presented by:    Representative Christine Erickson

MOTION:    TO TABLE HB 1182

Moved by:    Cronin
Second by:    Stevens
Action:    Prevailed by roll call vote. (12-1-0-0)

Voting Yes:    Cronin, Erickson, Feinstein, Gibson, Hajek, Johns, Killer, Kopp, Magstadt, Wink, Stevens, Gosch

Voting No:    Hoffman

    HB 1178: revise certain provisions relating to false statements pertaining to aircraft registration and associated penalties.

Presented by:    Representative Marc Feinstein (Handouts: 2,3)

MOTION:    DO PASS HB 1178

Moved by:    Gibson
Second by:    Magstadt
Action:    Prevailed by roll call vote. (13-0-0-0)

Voting Yes:    Cronin, Erickson, Feinstein, Gibson, Hajek, Hoffman, Johns, Killer, Kopp, Magstadt, Wink, Stevens, Gosch

MOTION:    PLACE HB 1178 ON CONSENT CALENDAR

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

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MOTION:    ADJOURN

Moved by:    Hoffman
Second by:    Erickson
Action:    Prevailed by voice vote.

Traci Thompson

Committee Secretary

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