House Judiciary Minutes 2/15/2017 10:00 AM

92^nd Legislative Session _ 2017

Committee: House Judiciary

Wednesday, February 15, 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 MONDAY, FEBRUARY 13, 2017

Moved by:    Turbiville
Second by:    Peterson (Kent)
Action:    Prevailed by voice vote.

The Chair announced that House Bill 1146 was being withdrawn.

HB 1200: revise certain provisions regarding contributions to ballot question committees.

Presented by: Representative Mickelson

MOTION: AMEND HB 1200

On the printed bill, delete everything after the enacting clause and insert:

" Section 1. That chapter 12-27 be amended by adding a NEW SECTION to read:

If a ballot question committee receives contributions totaling twenty-five thousand dollars or more within a twelve-month period from an organization or from a political action committee that is not otherwise required to file a campaign finance disclosure statement under subdivision 12-27-22(2), the committee shall disclose in a supplemental disclosure within the committee's campaign finance disclosure required under this chapter the name and address of the fifty largest contributors to the organization or political action committee during the one year preceding the date the supplemental disclosure is filed.

Section 2. That chapter 12-27 be amended by adding a NEW SECTION to read:

If any organization, or any politica1 action committee that is otherwise required to file a campaign finance disclosure statement under subdivision 12-27-22(2), makes an independent communication expenditure of twenty-five thousand dollars or more within a twelve-month period, the organization or committee shall disclose as a supplemental disclosure within the campaign finance disclosure statement required under this chapter the name and address of the fifty largest contributors to the organization or the political action committee during the one year preceding the date the supplemental disclosure is filed.

Section 3. That chapter 12-27 be amended by adding a NEW SECTION to read:

If any of the fifty largest contributors required to be disclosed under this Act is an organization or political action committee that is not otherwise required by any other law to disclose its contributors, the ballot question committee, organization, or political action committee shall collect and disclose the top fifty contributors to the contributing organization or political action committee in a supplemental disclosure.

Section 4. That chapter 12-27 be amended by adding a NEW SECTION to read:

The disclosure requirements under this Act do not apply to:

(1) A nonprofit corporation as defined in 26 U.S.C. § 501(c)(3);

(2) An organization from which any part of the net earnings inures to the benefit of a private shareholder, partner, member, or person; or

(3) A contributor of less than five thousand dollars during the required reporting period.

Section 5. That chapter 12-27 be amended by adding a NEW SECTION to read:

If an organization, political action committee, or ballot question committee fails to make a timely disclosure pursuant to this Act, the organization, political action committee, or ballot question committee shall be subject to a civil penalty of not more than five thousand dollars to be imposed by the secretary of state and deposited into the general fund. If a ballot question committee knowingly and intentionally fails to make a timely disclosure pursuant to this Act, the ballot question committee shall be subject to a civil penalty equal to twenty-five percent of the organization's or political action committee's aggregate contribution during that calendar year to be imposed by the secretary of state and deposited into the general fund. If an organization or political action committee fails to make a timely disclosure pursuant to section 3 of this Act the organization or political action committee is subject to a civil penalty equal to twenty-five percent of the total independent communication expenditure made by that organization or political action committee imposed by the secretary of state and deposited into the general fund. An intentional violation of the provisions of this Act is a Class 1 misdemeanor.

Section 6. That chapter 12-27 be amended by adding a NEW SECTION to read:

If any ballot question committee, organization, or political action committee is found to be in violation of the provisions of this Act and does not comply with the provisions of this Act within ten days of written notification delivered by certified mail from the secretary of state, the committee or organization may not contribute to any other ballot question committee or make any other independent communication expenditure for a period of five years.

Section 7. That chapter 12-27 be amended by adding a NEW SECTION to read:

For purposes of this Act, all ballot question committees established, financed, maintained, or controlled by the same corporation, labor organization, person, or group of persons, including any parent, subsidiary, branch, division, department, or local unit are affiliated and share a single contribution limit."

Moved by:    Kaiser
Second by:    Peterson (Kent)
Action:    Prevailed by voice vote.

        THE CHAIR DEFERRED HB 1200 UNTIL WEDNESDAY, FEBRUARY 22, 2017

    HB 1211: 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.

Proponents:    Matt Konenkamp, Governor's Office

Staci Ackerman, South Dakota Sheriff's Association
Mike Leidtholt, Pierre, self

MOTION:    DO PASS HB 1211

Moved by:    Jensen (Kevin)
Second by:    Kaiser
Action:    Prevailed by roll call vote. (13-0-0-0)

Voting Yes:    Bordeaux, Haugaard, Jensen (Kevin), Kaiser, Lust, Peterson (Kent), Reed, Rozum, Tieszen, Turbiville, Wismer, Johns, Stevens

MOTION:    PLACE HB 1211 ON CONSENT CALENDAR

Moved by:    Johns
Second by:    Peterson (Kent)
Action:    Prevailed by voice vote.

    HB 1108: revise certain provisions regarding prejudgment interest rates.

Presented by:    Representative Lust
Proponents:    Richard Tieszen, State Farm Insurance Companies (Handouts: #1)
        Craig Matson, South Dakota Insurance Alliance
        Doug Abraham, Property Casualty Insurers Association of America
Opponents:    Dean Nasser, Sioux Falls, self
        Aaron Eiesland, Rapid City, self
        Roger Tellinghuisen, South Dakota Trial Lawyers Association
        Dean Krogman, South Dakota Collectors Association
        Justin Smith, AAA Collectors

MOTION:    DEFER HB 1108 TO THE 41^ST LEGISLATIVE DAY

Moved by:    Johns
Second by:    Haugaard
Action:    Was not acted on.

MOTION:    SUBSTITUTE MOTION DO PASS HB 1108

Moved by:    Tieszen
Second by:    Lust
Action:    Failed by roll call vote. (4-9-0-0)

Voting Yes: Lust, Reed, Rozum, Tieszen

Voting No: Bordeaux, Haugaard, Jensen (Kevin), Kaiser, Peterson (Kent), Turbiville, Wismer, Johns, Stevens

THE MOTION TO DEFER HB 1108 TO THE 41^ST LEGISLATIVE DAY

Moved by:    Johns
Second by:    Haugaard
Action:    PREVAILED BY ROLL CALL VOTE. (8-5-0-0)

Voting Yes:    Bordeaux, Haugaard, Kaiser, Peterson (Kent), Turbiville, Wismer, Johns, Stevens

Voting No:    Jensen (Kevin), Lust, Reed, Rozum, Tieszen

    HB 1203: revise certain provisions regarding the consideration of joint physical custody of a minor.

Presented by:    Representative Pischke
Proponents:    Bob Deelstra, Hartford, self
        Alex Deelstra, Hartford, self
Opponents:    Tom Barnett, State Bar Association
        Ellie Bailey, Governor's Office
        Dianna Miller, SD Network Against Family Violence & Sexual Assault

MOTION: AMEND HB 1203

On page 1, line 10, of the printed bill, after "children" insert ", provided that neither parent has abandoned the children nor been physically absent for the past ninety days".

On page 1, line 11, after "time" insert "with the children spending no less than one hundred seventy days and nights in each parent's home".

On page 1, line 14, overstrike "25-4A-27" and insert "25-4A-5".

On page 2, line 2, overstrike everything after "shall" .

On page 2, line 3, overstrike everything before "." and insert "determine the appropriate physical care, custody, and control of a minor child based on a determination of the best interests of the child".

On page 2, line 10, after "." insert "The court may modify the parenting plan based upon the best interest of the child, including the days and nights the child will spend in each parent's home. However, the modification should adhere as closely to one hundred seventy days and nights spent in each parent's home as possible.".

On page 2, after line 17, insert:

" Section 5. That the code be amended by adding a NEW SECTION to read:

The court may order a psychological evaluation of either parent, and the results of the evaluation may be taken into account for the determination of physical custody pursuant to section 2 of this Act.

Section 6. That the code be amended by adding a NEW SECTION to read:

This Act does not constitute a substantial change in circumstances justifying the modification of existing custody orders, but the provisions shall apply to modification proceedings which are otherwise properly before the court.".

Moved by:    Kaiser
Second by:    Jensen (Kevin)
Action:    Prevailed by voice vote.

MOTION:    DEFER HB 1203 TO THE 41^ST LEGISLATIVE DAY

Moved by:    Turbiville
Second by:    Rozum
Action:    Prevailed by roll call vote. (10-3-0-0)

Voting Yes:    Bordeaux, Lust, Peterson (Kent), Reed, Rozum, Tieszen, Turbiville, Wismer, Johns, Stevens

Voting No:    Haugaard, Jensen (Kevin), Kaiser

    HB 1155: revise the penalty for aggravated assault with the intent to disfigure the victim.

Presented by:    Representative Jensen (Kevin)
Proponents:    Tom Wollman, Sioux Falls, self
        Paul Bachand, SD States Attorneys Association
        Jeromy Pankratz, Office of the Attorney General
Opponents:    AJ Franken, Governor's Office

MOTION: AMEND HB 1155

On page 1 of the printed bill, delete lines 5 to 8, inclusive, and insert:

Any person, who assaults another with the intent to cause serious permanent disfigurement and causes serious permanent disfigurement, is guilty of a Class 2 felony.".

Moved by:    Lust
Second by:    Reed
Action:    Prevailed by voice vote.

MOTION:    DO PASS HB 1155 AS AMENDED

Moved by:    Jensen (Kevin)
Second by:    Kaiser
Action:    Prevailed by roll call vote. (10-3-0-0)

Voting Yes:    Jensen (Kevin), Kaiser, Lust, Peterson (Kent), Reed, Rozum, Turbiville, Wismer, Johns, Stevens

Voting No:    Bordeaux, Haugaard, Tieszen

    HB 1143: revise certain provisions regarding underage prostitution.

Presented by:    Representative DiSanto

MOTION:    AMEND HB 1143

On page 1, line 4, of the printed bill, delete "eighteen" and insert "sixteen".

Moved by:    Kaiser
Second by:    Lust
Action:    Prevailed by voice vote.

MOTION:    DO PASS HB 1143 AS AMENDED

Moved by:    Reed
Second by:    Kaiser
Action:    Prevailed by roll call vote. (13-0-0-0)

Voting Yes:    Bordeaux, Haugaard, Jensen (Kevin), Kaiser, Lust, Peterson (Kent), Reed, Rozum, Tieszen, Turbiville, Wismer, Johns, Stevens

    HB 1142: revise the penalty for vehicular homicide.

        THE CHAIR DEFERRED HB 1142

MOTION:    ADJOURN

Moved by:    Rozum
Second by:    Jensen (Kevin)
Action:    Prevailed by voice vote.

Liz Markley

____________________________

Committee Secretary

Mike Stevens, Chair

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