91
st Legislative Session _ 2016
Committee: Senate Judiciary
Thursday, March 03, 2016
P - Present
E - Excused
A - Absent
Roll Call
P Bradford
P Heinert
P Monroe
P Rusch
P Vehle
P Novstrup (David), Vice-Chair
P Tieszen, Chair
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Senator Tieszen, Chair.
MOTION: TO APPROVE THE MINUTES OF TUESDAY, MARCH 1, 8:00 AM
Moved by: Vehle
Second by: Monroe
Action: Prevailed by voice vote.
MOTION: TO APPROVE THE MINUTES OF TUESDAY, MARCH 1, 4:00 PM
Moved by: Monroe
Second by: Vehle
Action: Prevailed by voice vote.
MOTION: SENATE ADVISE AND CONSENT TO THE REAPPOINTMENT OF MARK R.
SMITH OF HUGHES COUNTY, PIERRE, SOUTH DAKOTA, TO THE BOARD
OF PARDONS AND PAROLES
Moved by: Monroe
Second by: Novstrup (David)
Action: Prevailed by roll call vote. (5-0-2-0)
Voting Yes: Bradford, Monroe, Vehle, Novstrup (David), Tieszen
Excused: Heinert, Rusch
MOTION: PLACE ON CONSENT CALENDAR
Moved by: Monroe
Second by: Novstrup (David)
Action: Prevailed by voice vote.
MOTION: SENATE ADVISE AND CONSENT TO THE REAPPOINTMENT OF PATRICIA
WHITE HORSE CARDA OF CHARLES MIX COUNTY, WAGNER, SOUTH
DAKOTA, TO THE BOARD OF PARDONS AND PAROLES
Moved by: Bradford
Second by: Rusch
Action: Prevailed by roll call vote. (6-0-1-0)
Voting Yes: Bradford, Monroe, Rusch, Vehle, Novstrup (David), Tieszen
Excused: Heinert
HB 1078: grant limited immunity from arrest and prosecution for certain alcohol related
offenses to persons who assist a person in need of emergency assistance or who are
themselves in need of emergency assistance.
Presented by: Representative Munsterman
Proponents: Daniel Blaney-Koen, AMA, Chicago, self (phone testimony)
Senator Tidemann
Ashley Tonak, SDSU Students (Handout #1)
Maynard Konechne, SD Emergency Medical Services
Dean Krogman, SD State Medical Assoc.
Tom Martinec, Department of Health
Kristi Turman, Dept. Of Public Safety
Terry Dosch, SD Council of Substance Abuse Directors
Opponents: Dick Tieszen, South Dakota Sheriff's Association
Andy Howe, Clay County Sheriff
Wendy Kloepper, self
Yvonne Taylor, SD Police Chiefs Association
Paul Bachand, South Dakota State's Attorneys Association
MOTION: DO PASS HB 1078
Moved by: Vehle
Second by: Novstrup (David)
Action: Prevailed by roll call vote. (5-1-1-0)
Voting Yes: Heinert, Rusch, Vehle, Novstrup (David), Tieszen
Voting No: Monroe
Excused: Bradford
HB 1077: grant limited immunity from arrest and prosecution for certain related offenses to
persons who assist certain persons in need of emergency assistance or who are themselves
in need of emergency assistance.
Presented by: Senator Tidemann
Proponents: Daniel Blaney-Koen, AMA, Chicago, self (phone testimony)
Dean Krogman, SD State Medical Assoc.
Maynard Konechne, SD Emergency Medical Services
Tom Martinec, Department of Health
Bob Riter, SD Pharmacists Association
Kristi Turman, Dept. Of Public Safety
Terrance Dosch, SD Council of Substance Abuse Director Inc.
Opponents: Paul Bachand, South Dakota State's Attorneys Association
Charles Mcguigan, Office of Attorney General
Yvonne Taylor, SD Police Chiefs Association
Wendy Kloepper, self
Andy Howe, Clay County Sheriff
Dick Tieszen, South Dakota Sheriff's Association
MOTION: AMEND HB 1077
1077rc
On page 1, line 13, of the House Judiciary Committee engrossed bill, after "misdemeanor"
insert "or felony".
On page 2, line 12, after "misdemeanor" insert "or felony".
On page 2, line 16, before "charge" insert "possession, inhalation, ingestion, or otherwise taking
into the body any controlled drug or substance".
On page 2, line 20, delete "criminal prosecution" and insert "sentencing".
Moved by: Heinert
Second by: Monroe
Action: Prevailed by roll call vote. (4-3-0-0)
Voting Yes: Bradford, Heinert, Monroe, Tieszen
Voting No: Rusch, Vehle, Novstrup (David)
MOTION: DO PASS HB 1077
Moved by: Heinert
Second by: Bradford
Action: Failed by roll call vote. (2-5-0-0)
Voting Yes: Bradford, Heinert
Voting No: Monroe, Rusch, Vehle, Novstrup (David), Tieszen
MOTION: DEFER HB 1077 TO THE 41
ST LEGISLATIVE DAY
Moved by: Novstrup (David)
Second by: Monroe
Action: Prevailed by roll call vote. (5-2-0-0)
Voting Yes: Monroe, Rusch, Vehle, Novstrup (David), Tieszen
Voting No: Bradford, Heinert
HB 1088: revise and consolidate certain civil forfeiture provisions.
Presented by: Representative Haggar (Don)
Proponents: Senator Brown
Charles Mcguigan, Office of Attorney General
MOTION: AMEND HB 1088
1088yd
On page 1, line 8, of the House Judiciary Committee engrossed bill, after "34-20B" insert ", 22-8,".
On page 2, line 6, after "34-20B-70(4)" delete "or" and insert ",".
On page 2, line 6, after "22-24A-15(4)," insert "or subdivision (4) of section 23 of this Act,".
On page 2, line 12, after "34-20B-70(4)" delete "or" and insert ",".
On page 2, line 12, after "22-24A-15(4)," insert "or subdivision (4) of section 23 of this Act,".
On page 2, line 22, after "34-20B-70(4)" delete "or" and insert ",".
On page 2, line 12, after "22-24A-15(4)," insert "or subdivision (4) of section 23 of this Act,".
On page 3, line 10, delete "and".
On page 3, line 11, after "inclusive," insert "and chapter 22-8,".
On page 4, line 21, after "(7)" insert ",".
On page 4, line 22, after "section 1" insert "and subdivisions (4), (6), and (7) of section 23".
On page 5, line 18, after "(7)" insert ",".
On page 5, line 19, after "(7)" insert ", or subdivisions (2), (3), (5), (6), and (7) of section 23 of
this Act,".
On page 6, line 7, after "section1" insert "or subdivision (4) of section 23".
On page 6, line 7, after "Act" insert ",".
On page 6, line 7, after "34-20B-70(4)" insert ",".
On page 8, line 14, after "If" insert "seized pursuant to a violation of § 22-8-12 or 22-8-13, or
if".
On page 11, between lines 22 and 23, insert:
" Section 23. That chapter 22-8 be amended by adding a NEW SECTION to read:
Any person who is convicted of an offense under § 22-8-12 or 22-8-13 shall forfeit to the state,
pursuant to this Act, the person's interest in the following and no property right exists in them:
(1) Any photograph, film, videotape, book, digital media, or visual depiction that has been
manufactured, distributed, purchased, possessed, acquired, or received in violation of
§ 22-8-12 or 22-8-13;
(2) Any material, product, and equipment of any kind that is used or intended for use in
manufacturing, processing, publishing, selling, possessing, or distributing any
communication prohibited by § 22-8-12 or 22-8-13;
(3) Any property that is used, or intended for use, as a container for property described in
subdivisions (1) and (2) of this section, including any computers and digital media;
(4) Any conveyances including aircraft, vehicles, or vessels, that transport, possess, or
conceal, or that is used, or intended for use, to transport, or in any manner facilitate any
activity proscribed under § 22-8-12 or 22-8-13;
(5) Any book, record, and research, including microfilm, tape, and data that is used, or
intended for use, in violation of § 22-8-12 or 22-8-13;
(6) Any funds or other things of value used for the purposes of unlawfully carrying out any
activity proscribed by § 22-8-12 or 22-8-13; and
(7) Any asset, interest, profit, income, and proceed acquired or derived from the unlawful
activity proscribed by § 22-8-12 or 22-8-13.
Property described in subdivision (1) shall be deemed contraband and shall be summarily
forfeited to the state. Property described in subdivisions (2), (3), (5), (6), and (7) is subject to
forfeiture under the terms of section 14 of this Act. The property described in subdivision (4) is
subject to forfeiture under the terms of section 15 of this Act.".
Moved by: Vehle
Second by: Monroe
Action: Prevailed by voice vote.
MOTION: DO PASS HB 1088 AS AMENDED
Moved by: Monroe
Second by: Novstrup (David)
Action: Was not acted on.
MOTION: SUBSTITUTE MOTION DEFER HB 1088 TO THE 41
ST LEGISLATIVE DAY
Moved by: Heinert
Second by: Bradford
Action: Failed by roll call vote. (2-5-0-0)
Voting Yes: Bradford, Heinert
Voting No: Monroe, Rusch, Vehle, Novstrup (David), Tieszen
THE MOTION TO DO PASS HB 1088 AS AMENDED
Moved by: Monroe
Second by: Novstrup (David)
Action: PREVAILED BY ROLL CALL VOTE. (5-2-0-0)
Voting Yes: Monroe, Rusch, Vehle, Novstrup (David), Tieszen
Voting No: Bradford, Heinert
HB 1225: provide for the forfeiture and disposition of certain property utilized in acts of
terrorism.
Presented by: Senator Rampelberg
Proponents: Amy Willson, Family Heritage Alliance
Dale Bartscher, Family Heritage Alliance
Representative Craig
Stephen Gele, self
Opponents: Brett Koenecke, South Dakota Bankers Association
Drew Duncan, Verizon Wireless
Bill Van Camp, AT&T
Jim Hood, South Dakota Retailers Association
MOTION: AMEND HB 1225
1225yb
On page 2 of the House Judiciary Committee engrossed bill, delete lines 17 to 22, inclusive.
On page 3, delete lines 13 to 24, inclusive.
Delete page 4.
On page 5, delete lines 1 to 11, inclusive.
Moved by: Vehle
Second by: Novstrup (David)
Action: Prevailed by voice vote.
MOTION: AMEND HB 1225
1225ya
On page 3, line 3, of the House Judiciary Committee engrossed bill, before "aided" insert
"knowingly".
On page 3, line 8, before "provided" insert "knowingly".
On page 3, line 8, after "entity" delete "who" and insert "for the ".
On page 3, line 9, delete "committed" and insert "purposes of committing".
Moved by: Vehle
Second by: Monroe
Action: Prevailed by voice vote.
MOTION: DEFER HB 1225 TO THE 41
ST LEGISLATIVE DAY
Moved by: Novstrup (David)
Second by: Heinert
Action: Prevailed by roll call vote. (6-1-0-0)
Voting Yes: Bradford, Heinert, Monroe, Rusch, Vehle, Novstrup (David)
Voting No: Tieszen
HB 1064: apply certain penalties regarding damages, tampering, and malicious acts to certain
railroads that carry passengers.
Presented by: Representative Verchio
MOTION: DO PASS HB 1064
Moved by: Vehle
Second by: Monroe
Action: Prevailed by roll call vote. (7-0-0-0)
Voting Yes: Bradford, Heinert, Monroe, Rusch, Vehle, Novstrup (David), Tieszen
MOTION: PLACE HB 1064 ON CONSENT CALENDAR
Moved by: Rusch
Second by: Heinert
Action: Prevailed by voice vote.
HB 1244: revise provisions related to the sex offender registry
Presented by: Representative Gibson
Proponents: Lindsey Riter-Rapp, SD Association of Criminal Defense Attorneys
Charles Mcguigan, Office of Attorney General
MOTION: DO PASS HB 1244
Moved by: Bradford
Second by: Heinert
Action: Prevailed by roll call vote. (7-0-0-0)
Voting Yes: Bradford, Heinert, Monroe, Rusch, Vehle, Novstrup (David), Tieszen
MOTION: PLACE HB 1244 ON CONSENT CALENDAR
Moved by: Heinert
Second by: Monroe
Action: Prevailed by voice vote.
HB 1068: revise provisions related to the conversion of nonprofit corporations.
Presented by: Senator Rusch
Proponents: Tom Barnett, State Bar of South Dakota
Sadie Stevens, Governor's Office
MOTION: DO PASS HB 1068
Moved by: Vehle
Second by: Rusch
Action: Prevailed by roll call vote. (7-0-0-0)
Voting Yes: Bradford, Heinert, Monroe, Rusch, Vehle, Novstrup (David), Tieszen
MOTION: PLACE HB 1068 ON CONSENT CALENDAR
Moved by: Heinert
Second by: Monroe
Action: Prevailed by voice vote.
MOTION: ADJOURN
Moved by: Heinert
Second by: Vehle
Action: Prevailed by voice vote.
Marilyn Seymour
____________________________
Committee Secretary
Craig Tieszen, Chair
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