Committee: House Judiciary
Wednesday, February 24, 2016
P - Present
E - Excused
A - Absent
Roll Call
P DiSanto
P Gibson
P Haugaard
P Hunt
P Johns
P Killer
P Langer
E Latterell
P Peterson (Kent)
P Russell
P Westra
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 MONDAY FEBRUARY 22, 2016.
Moved by: Stevens
Second by: Peterson (Kent)
Action: Prevailed by voice vote.
SB 33: revise certain provisions regarding chemical testing and revocations of driver licenses
for persons under the age of twenty-one.
Proponents: Jane Schrank, Department of Public Safety
MOTION: DO PASS SB 33
Moved by: Stevens
Second by: Langer
Action: Prevailed by roll call vote. (11-0-2-0)
Voting Yes: DiSanto, Gibson, Haugaard, Hunt, Johns, Langer, Peterson (Kent), Russell, Westra,
Stevens, Mickelson
Excused: Killer, Latterell
MOTION: PLACE SB 33 ON CONSENT CALENDAR
Moved by: Langer
Second by: Stevens
Action: Prevailed by voice vote.
SB 54: adopt the Elder Abuse Task Force's statutory recommendations in order to protect
South Dakota seniors and adults with disabilities from abuse, neglect, and exploitation.
Presented by: David Gilbertson, Chief Justice, UJS
Proponents: Jim Seward, Governor's Office
Dale Bartscher, Family Heritage Alliance
Erik Nelson, AARP of South Dakota
Dean Krogman, SD State Medical Assoc.
Curtis Everson, South Dakota Bankers Association
Scott Duke, SD Association of Healthcare Organizations
Charles Mcguigan, Office of Attorney General
Mark Deak, South Dakota Health Care Association
Justin Goetz, Unified Judicial System
MOTION: AMEND SB 54
(2) The court finds that law enforcement is unable to locate the respondent for purposes of
service of the ex parte protection order".
Moved by: Johns
Second by: Gibson
Action: Prevailed by voice vote.
MOTION: DO PASS SB 54 AS AMENDED
Moved by: Langer
Second by: Gibson
Action: Prevailed by roll call vote. (11-0-2-0)
Voting Yes: DiSanto, Gibson, Haugaard, Hunt, Johns, Langer, Peterson (Kent), Russell, Westra,
Stevens, Mickelson
Excused: Killer, Latterell
SB 55: revise certain provisions relating to the HOPE probation program.
Presented by: Greg Sattizahn, Unified Judicial System
Proponents: Jim Seward, Governor's Office
MOTION: DO PASS SB 55
Moved by: Langer
Second by: Gibson
Action: Prevailed by roll call vote. (11-1-1-0)
Voting Yes: DiSanto, Gibson, Haugaard, Hunt, Johns, Killer, Langer, Peterson (Kent), Westra,
Stevens, Mickelson
Voting No: Russell
Excused: Latterell
SB 79: expand the list of professionals authorized to perform certain examinations required
for a plea of guilty but mentally ill.
Presented by: Senator Peters
Proponents: Traci Smith, Minnehaha Public Defenders Office, self
Jodi Owen, Ft. Pierre, self
Representative Hunhoff (Jean)
Roger Tellinghuisen, South Dakota Association of County Commissioners
Lindsey Riter-Rapp, SD Association of Criminal Defense Attorneys
Staci Ackerman, South Dakota Sheriffs Association
Opponents: Dean Krogman, SD State Medical Assoc. (Handouts: #1, #2)
Dr. David Bean, Sioux Falls, self
MOTION: DO PASS SB 79
Moved by: Stevens
Second by: Langer
Action: Prevailed by roll call vote. (9-2-2-0)
Voting Yes: Haugaard, Hunt, Johns, Langer, Peterson (Kent), Russell, Westra, Stevens,
Mickelson
Voting No: Gibson, Killer
Excused: DiSanto, Latterell
SB 97: provide for the automatic removal of all petty offenses, municipal ordinance
violations, and Class 2 misdemeanor charges or convictions from background check records
after ten years under certain conditions.
Presented by: Representative Wollmann
Proponents: Lindsey Riter-Rapp, SD Association of Criminal Defense Attorneys
Greg Sattizahn, Unified Judicial System
Dale Bartscher, Family Heritage Alliance
MOTION: DO PASS SB 97
Moved by: Gibson
Second by: Langer
Action: Prevailed by roll call vote. (8-2-3-0)
Voting Yes: Gibson, Haugaard, Johns, Killer, Langer, Peterson (Kent), Stevens, Mickelson
Voting No: Hunt, Russell
Excused: DiSanto, Latterell, Westra
MOTION: ADJOURN
Moved by: Gibson
Second by: Hunt
Action: Prevailed by voice vote.
Liz Markley
____________________________
Committee Secretary
G. Mark Mickelson, Chair
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