90
th Legislative Session _ 2015
Committee: House Judiciary
Monday, February 09, 2015
P - Present
E - Excused
A - Absent
Roll Call
P Hunt
P Johns
P DiSanto
P Haugaard
P Langer
P Latterell
P Peterson (Kent)
P Russell
P Westra
P Gibson
P Killer
P Stevens, Vice-Chair
P Mickelson, Chair
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Representative Mark Mickelson, Chair.
MOTION: TO APPROVE THE MINUTES OF FRIDAY, FEBRUARY 6, 2015.
Moved by: Gibson
Second by: Hunt
Action: Prevailed by voice vote.
HB 1142: revise certain provisions pertaining to the age requirements for sex offender
registry registration.
Presented by: Representative Peggy Gibson
Proponents: Charlie McGuigan, Attorney General's Office
Paul Bachand, South Dakota State's Attorneys Association
MOTION: DO PASS HB 1142
Moved by: Hunt
Second by: Westra
Action: Prevailed by roll call vote. (13-0-0-0)
Voting Yes: Hunt, Johns, DiSanto, Haugaard, Langer, Latterell, Peterson (Kent), Russell, Westra,
Gibson, Killer, Stevens, Mickelson
MOTION: PLACE HB 1142 ON CONSENT CALENDAR
Moved by: Johns
Second by: Langer
Action: Prevailed by voice vote.
HB 1173: deter certain frivolous appeals of land zoning decisions.
Presented by: Representative Lee Qualm - spoke again on rebuttal
Proponents: Brian Donahoe - telephone testimony
Opponents: Debra Barta, Self
MOTION: AMEND HB 1173
1173fb
On the printed bill, delete everything after the enacting clause and insert:
" Section 1. That § 15-17-51 be amended to read as follows:
15-17-51. If a civil, including an action for appeal of a zoning decision, action or special
proceeding is dismissed or requested relief is denied and if the court determines that it was frivolous
or brought for malicious purposes, the court shall order the party whose claim, cause of action, or
defense was dismissed or denied to pay part or all expenses incurred by the person party defending
the matter, including reasonable attorneys' fees. "
Moved by: Latterell
Second by: Hunt
Action: Prevailed by voice vote.
MOTION: DO PASS HB 1173 AS AMENDED
Moved by: Hunt
Second by: Westra
Action: Prevailed by roll call vote. (10-3-0-0)
Voting Yes: Hunt, Johns, DiSanto, Langer, Latterell, Peterson (Kent), Russell, Westra, Stevens,
Mickelson
Voting No: Haugaard, Gibson, Killer
MOTION: AMEND TITLE OF HB 1173
1173fta
On page 1, line 1, of the printed bill, delete everything after "Act to" and insert "revise certain
provisions regarding liability of parties involved in frivolous or malicious civil actions.".
Moved by: Stevens
Second by: Latterell
Action: Prevailed by voice vote.
HB 1160: require a defendant to undergo a mental examination prior to any sentence
imposed after a defendant is found guilty but mentally ill.
Presented by: Representative Steve Hickey
Proponents: Traci Smith, Self - telephone testimony
Opponents: Paul Bachand, South Dakota State's Attorneys Association
MOTION: DEFER HB 1160 TO THE 41
ST LEGISLATIVE DAY
Moved by: Stevens
Second by: Russell
Action: Prevailed by roll call vote. (8-5-0-0)
Voting Yes: Hunt, DiSanto, Langer, Peterson (Kent), Russell, Westra, Stevens, Mickelson
Voting No: Johns, Haugaard, Latterell, Gibson, Killer
HB 1163: reinstate certain civil actions for childhood sexual abuse.
Presented by: Representative Steve Hickey (Handouts: #1)
Proponents: Gerri Dubourt, Self
Dr. Barbara Dahlen, Self
Representative Kevin Killer
Opponents: Steve Smith, Self
Brett Koenecke, SD Synod, Evangelical Lutheran Church In America
Mike Shaw, Property Casualty Insurers Association of America
MOTION: DEFER HB 1163 UNTIL ANOTHER DAY
Moved by: Latterell
Second by: Killer
Action: Prevailed by voice vote.
MOTION: ADJOURN
Moved by: Latterell
Second by: DiSanto
Action: Prevailed by voice vote.
Liz Markley
____________________________
Committee Secretary
G. Mark Mickelson, Chair
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