92
nd Legislative Session _ 2017
Committee: House Judiciary
Monday, February 13, 2017
P - Present
E - Excused
A - Absent
Roll Call
P 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 FEBRUARY 8, 2017
Moved by: Turbiville
Second by: Tieszen
Action: Prevailed by voice vote.
THE CHAIR DEFERRED HB 1194 UNTIL WEDNESDAY, FEBRUARY 15, 2017
HB 1192: increase the period of time certain persons may contract with this state after
termination of service.
THE CHAIR DEFERRED HB 1192 UNTIL WEDNESDAY, FEBRUARY 22, 2017
THE CHAIR ANNOUNCED THAT HB 1154 WAS BEING WITHDRAWN
HB 1170: revise certain provisions regarding conflicts of interest for authority, board, or
commission members.
Presented by: Representative Mickelson
Proponents: Tony Vanhuizen, Governor's Office
Marty Jackley, Attorney General
Nathan Lukkes, Board of Regents
Wade Pogany, Associated School Boards of South Dakota
Dianna Miller, Large School Group
Robert Monson, School Administrators of South Dakota
MOTION: AMEND HB 1170
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On page 8, line 2, of the printed bill, after "." insert "Any person who knowingly violates §§ 3-23-1 to 3-23-4, inclusive, and is also guilty of theft under chapter 22-30A, shall be penalized at the
next greater class of penalty prescribed by chapters 22-6 and 22-30A.".
On page 13, line 17, after "." insert "Any person who knowingly violates §§ 3-23-6 to 3-23-8,
inclusive, and is also guilty of theft under chapter 22-30A, shall be penalized at the next greater class
of penalty prescribed by chapters 22-6 and 22-30A.".
On page 13, after line 24, insert:
" Section 17. That § 22-30A-11 be amended to read:
22-30A-11. Any person convicted of theft under § 22-30A-10 for unlawfully obtaining property
of this state, of any of its political subdivisions, or of any agency or fund in which the state or its
people are interested shall, in addition to the punishment prescribed by § 22-30A-17 and chapter 22-6 and that may also be prescribed under § 3-23-5 or 3-23-9, be disqualified from holding any public
office, elective or appointive, under the laws of this state, so long as that person remains a defaulter
to this state or any of its political subdivisions, agencies, or funds. ".
Moved by: Turbiville
Second by: Tieszen
Action: Prevailed by voice vote.
MOTION: DO PASS HB 1170 AS AMENDED
Moved by: Johns
Second by: Reed
Action: Prevailed by roll call vote. (11-0-2-0)
Voting Yes: Bordeaux, Haugaard, Jensen (Kevin), Kaiser, Reed, Rozum, Tieszen, Turbiville,
Wismer, Johns, Stevens
Excused: Lust, Peterson (Kent)
HB 1139: revise certain provisions concerning adverse possession of certain real property.
Presented by: Representative Marty
Proponents: Mel Dutton, Faith, self
Representative Gosch
Opponents: Tom Barnett, State Bar Association
Darla Pullman Rogers, South Dakota Rural Electric Association
MOTION: DEFER HB 1139 TO THE 41ST LEGISLATIVE DAY
Moved by: Johns
Second by: Turbiville
Action: Prevailed by roll call vote. (8-3-2-0)
Voting Yes: Haugaard, Reed, Rozum, Tieszen, Turbiville, Wismer, Johns, Stevens
Voting No: Jensen (Kevin), Kaiser, Peterson (Kent)
Excused: Bordeaux, Lust
HB 1105: revise certain municipal special assessment provisions.
MOTION: DEFER HB 1105 TO THE 41ST LEGISLATIVE DAY
Moved by: Tieszen
Second by: Rozum
Action: Prevailed by roll call vote. (9-3-1-0)
Voting Yes: Jensen (Kevin), Peterson (Kent), Reed, Rozum, Tieszen, Turbiville, Wismer, Johns,
Stevens
Voting No: Bordeaux, Haugaard, Kaiser
Excused: Lust
HB 1142: revise the penalty for vehicular homicide.
Presented by: Representative Haggar
Proponents: Marty Jackley, Attorney General
Paul Bachand, SD States Attorneys Association
Opponents: Lindsey Riter-Rapp, SD Association of Criminal Defense Lawyers
MOTION: AMEND HB 1142
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On the printed bill, delete everything after the enacting clause and insert:
" Section 1.That chapter 22-16 be amended by adding a NEW SECTION to read:
Vehicular homicide as set forth in § 22-16-41 may be charged in the alternative as manslaughter
in the first degree, as set forth in § 22-16-15."
Moved by: Turbiville
Second by: Peterson (Kent)
Action: Prevailed by voice vote.
MOTION: DO PASS HB 1142 AS AMENDED
Moved by: Wismer
Second by: Turbiville
Action: Failed by roll call vote. (6-5-2-0)
Voting Yes: Jensen (Kevin), Lust, Peterson (Kent), Reed, Turbiville, Wismer
Voting No: Haugaard, Kaiser, Tieszen, Johns, Stevens
Excused: Bordeaux, Rozum
THE CHAIR DEFERRED HB 1142 UNTIL WEDNESDAY FEBRUARY 15, 2017
HB 1135: provide certain provisions requiring plaintiffs in certain civil suits to cover certain
court costs.
Presented by: Representative Jensen (Kevin)
MOTION: AMEND HB 1135
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On the printed bill, delete everything after the enacting clause and insert:
" Section 1. That the code be amended by adding a NEW SECTION to read:
A person shall recover costs and attorney fees for a civil action if:
(1) The person's use of a firearm resulted in the death or serious bodily injury of another
person;
(2) The person using the firearm was acquitted of a crime charged as a result of the incident
pursuant to a defense brought under § 22-5-1; and
(3) The person successfully defends a subsequent civil action brought as a result of the
incident."
Moved by: Kaiser
Second by: Lust
Action: Prevailed by voice vote.
MOTION: DEFER HB 1135 TO THE 41
ST LEGISLATIVE DAY
Moved by: Turbiville
Second by: Lust
Action: Prevailed by roll call vote. (10-2-1-0)
Voting Yes: Bordeaux, Haugaard, Lust, Peterson (Kent), Reed, Tieszen, Turbiville, Wismer,
Johns, Stevens
Voting No: Jensen (Kevin), Kaiser
Excused: Rozum
MOTION: ADJOURN
Moved by: Peterson (Kent)
Second by: Kaiser
Action: Prevailed by voice vote.
Liz Markley
____________________________
Committee Secretary
Mike Stevens, Chair
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