92
nd Legislative Session _ 2017
Committee: House Judiciary
Friday, February 03, 2017
P - Present
E - Excused
A - Absent
Roll Call
E Bordeaux
P Haugaard
P Jensen (Kevin)
P Kaiser
P Lust
P Peterson (Kent)
P Reed
P Rozum
P Tieszen
P Turbiville
P Wismer
P Johns, Vice-Chair
P Stevens, Chair
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Representative Mike Stevens, Chair.
MOTION: TO APPROVE THE MINUTES OF WEDNESDAY, FEBRUARY 1, 2017
Moved by: Turbiville
Second by: Wismer
Action: Prevailed by voice vote.
MOTION: INTRODUCE A BILL AT THE REQUEST OF THE OFFICE OF THE
GOVERNOR ENTITLED:
AN ACT TO PROVIDE FOR A GRACE PERIOD AFTER THE EXPIRATION OF A PERMIT
AND A WARNING TICKET FOR CARRYING A CONCEALED PISTOL WHILE IN
POSSESSION OF AN EXPIRED PERMIT
Moved by: Tieszen
Second by: Johns
Action: Prevailed by voice vote.
HB 1082: 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.
THE CHAIR DEFERRED HB 1082 UNTIL TO ANOTHER LEGISLATIVE DAY
HB 1096: provide for a criminal penalty for any person who prevents the enforcement of a
secured creditor's security interest upon repossession of a motor vehicle.
Presented by: Representative Lust
Proponents: Brian Busch, Rapid City, self
Myron Rau, South Dakota Auto Dealers Association
MOTION: AMEND HB 1096
1096ba
On page 1 of the printed bill, delete lines 6 to 9, inclusive, and insert:
"
Any person who, following notice of default, intentionally prevents the enforcement of a secured
creditor's security interest in the person's motor vehicle is guilty of a Class 1 misdemeanor.".
On page 1, delete lines 11 and 12, and insert:
"
Upon receipt of a signed and notarized affidavit stating the make, model, year, color, and VIN
number of the motor vehicle, that notice has been provided to the owner, and that it has been ten
days since delivery of the notice the attorney general shall list the motor vehicle as stolen pursuant
to § 32-4-1.".
On page 1, line 15, delete "failing to return" and insert "intentionally preventing the
repossession of".
On page 2, line 1, delete "any".
On page 2, line 4, after "current" insert "with the creditor".
On page 2, line 6, delete "a defense to any charge for" and insert ", in addition to any other
defense, the following defenses for".
On page 2, line 6, after "Act" delete "if".
On page 2, after line 16, insert:
" Section 6. That the code be amended by adding a NEW SECTION to read:
For purposes of this Act, notice is a written demand to the owner for the return of a motor vehicle
delivered by certified mail or served in the manner for service of process.".
Moved by: Lust
Second by: Rozum
Action: Prevailed by voice vote.
MOTION: DO PASS HB 1096 AS AMENDED
Moved by: Turbiville
Second by: Rozum
Action: Prevailed by roll call vote. (10-2-1-0)
Voting Yes: Jensen (Kevin), Lust, Peterson (Kent), Reed, Rozum, Tieszen, Turbiville, Wismer,
Johns, Stevens
Voting No: Haugaard, Kaiser
Excused: Bordeaux
HB 1100: allow law enforcement to initiate a mental illness hold in domestic violence
situations.
Presented by: Representative Johns
Proponents: Amy Iversen-Pollreisz, Department of Social Services
Representative Haugaard
Terrance Dosch, South Dakota Council of Mental Health Centers, Inc.
MOTION: AMEND HB 1100
1100ba
On page 1, line 6, of the printed bill, delete "violence" and insert "abuse".
Moved by: Tieszen
Second by: Turbiville
Action: Prevailed by voice vote.
MOTION: DO PASS HB 1100 AS AMENDED
Moved by: Turbiville
Second by: Kaiser
Action: Prevailed by roll call vote. (12-0-1-0)
Voting Yes: Haugaard, Jensen (Kevin), Kaiser, Lust, Peterson (Kent), Reed, Rozum, Tieszen,
Turbiville, Wismer, Johns, Stevens
Excused: Bordeaux
SB 26: revise the state automated victim notification system.
Proponents: Marty Jackley, Attorney General
MOTION: DO PASS SB 26
Moved by: Tieszen
Second by: Reed
Action: Prevailed by roll call vote. (12-0-1-0)
Voting Yes: Haugaard, Jensen (Kevin), Kaiser, Lust, Peterson (Kent), Reed, Rozum, Tieszen,
Turbiville, Wismer, Johns, Stevens
Excused: Bordeaux
MOTION: PLACE SB 26 ON CONSENT CALENDAR
Moved by: Tieszen
Second by: Turbiville
Action: Prevailed by voice vote.
HB 1103: allow for service by publication for certain paternity and child custody actions.
THE CHAIR DEFERRED HB 1103 UNTIL MONDAY, FEBRUARY 6 ,2017
HB 1102: allow funeral homes to collect reimbursement for reasonable funeral costs from
a decedent's estate under certain conditions.
Presented by: Representative Haugaard (Handouts: #1)
Proponents: Miles Schumacher, Sioux Falls, self
Jason Glodt, South Dakota Funeral Directors Association
Opponents: Brett Koenecke, South Dakota Bankers Association
MOTION: DEFER HB 1102 TO THE 41
ST LEGISLATIVE DAY
Moved by: Turbiville
Second by: Rozum
Action: Was not acted on.
MOTION: SUBSTITUTE MOTION DO PASS HB 1102
Moved by: Haugaard
Action: Died for lack of a second.
THE MOTION TO DEFER HB 1102 TO THE 41
ST LEGISLATIVE DAY
Moved by: Turbiville
Second by: Rozum
Action: PREVAILED BY ROLL CALL VOTE. (10-1-2-0)
Voting Yes: Jensen (Kevin), Kaiser, Lust, Reed, Rozum, Tieszen, Turbiville, Wismer, Johns,
Stevens
Voting No: Haugaard
Excused: Bordeaux, Peterson (Kent)
MOTION: ADJOURN
Moved by: Turbiville
Second by: Jensen (Kevin)
Action: Prevailed by voice vote.
Liz Markley
____________________________
Committee Secretary
Mike Stevens, Chair
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