92
nd Legislative Session _ 2017
Committee: House Judiciary
Monday, March 06, 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, MARCH 1, 2017
Moved by: Turbiville
Second by: Peterson (Kent)
Action: Prevailed by voice vote.
SB 25: provide for the release of certain booking photographs.
Proponents: Marty Jackley, Attorney General
Justin Smith, South Dakota Newspaper Association (Handout(s): #1)
Letti Lister, Spearfish, self
Jaine Andrews, Sioux Falls, self (Handout(s): #2)
Ellie Bailey, Governor's Office
Paul Bachand, SD States Attorneys Association
Opponents: Lindsey Riter-Rapp, SD Association of Criminal Defense Lawyers
MOTION: AMEND SB 25
25ba
On page 1, line 10, of the printed bill, after "booking photograph," insert "for a crime classified
as a felony pursuant to § 22-6-1".
On page 2, line 1, after "photograph" insert "for a crime classified as a felony pursuant to § 22-6-1".
Moved by: Turbiville
Second by: Rozum
Action: Prevailed by voice vote.
MOTION: AMEND THE PENDING AMENDMENT
25bb
On the previously adopted amendment (25ba), in the first instruction, after "crime" insert "for
which the person has been formally charged".
On the previously adopted amendment (25ba), in the second instruction, after "crime" insert "for
which the person has been formally charged".
Moved by: Jensen (Kevin)
Second by: Kaiser
Action: Failed by roll call vote. (4-8-1-0)
Voting Yes: Haugaard, Jensen (Kevin), Kaiser, Stevens
Voting No: Lust, Peterson (Kent), Reed, Rozum, Tieszen, Turbiville, Wismer, Johns
Excused: Bordeaux
MOTION: DO PASS SB 25 AS AMENDED
Moved by: Turbiville
Second by: Reed
Action: Prevailed by roll call vote. (10-2-1-0)
Voting Yes: Jensen (Kevin), Kaiser, Lust, Peterson (Kent), Reed, Rozum, Tieszen, Turbiville,
Wismer, Johns
Voting No: Haugaard, Stevens
Excused: Bordeaux
SB 27: prohibit certain direct conflicts of interest by public officials and to provide a penalty
therefor.
Proponents: Marty Jackley, Attorney General
MOTION: DEFER SB 27 TO THE 41
ST LEGISLATIVE DAY
Moved by: Johns
Second by: Wismer
Action: Failed by roll call vote. (4-8-1-0)
Voting Yes: Haugaard, Wismer, Johns, Stevens
Voting No: Jensen (Kevin), Kaiser, Lust, Peterson (Kent), Reed, Rozum, Tieszen, Turbiville
Excused: Bordeaux
MOTION: AMEND SB 27
27bc
On page 1, line 10, of the Senate engrossed bill, delete "illegally".
Moved by: Lust
Second by: Rozum
Action: Prevailed by voice vote.
MOTION: DO PASS SB 27 AS AMENDED
Moved by: Reed
Second by: Kaiser
Action: Prevailed by roll call vote. (9-3-1-0)
Voting Yes: Jensen (Kevin), Kaiser, Lust, Peterson (Kent), Reed, Rozum, Tieszen, Turbiville,
Wismer
Voting No: Haugaard, Johns, Stevens
Excused: Bordeaux
SB 91: revise certain provisions regarding the crime of rape.
Presented by: Representative Latterell (Handout(s): #3)
Proponents: Tom Wollman, Sioux Falls, self
Dianna Miller, SD Network Against Family Violence & Sexual Assault (Handout(s):
#4, #5)
Paul Bachand, SD States Attorneys Association
Jeromy Pankratz, Attorney General's Office
Opponents: Lindsey Riter-Rapp, SD Association of Criminal Defense Lawyers
MOTION: DEFER SB 91 TO THE 41
ST LEGISLATIVE DAY
Moved by: Turbiville
Second by: Lust
Action: Failed by roll call vote. (6-6-1-0)
Voting Yes: Haugaard, Lust, Reed, Turbiville, Johns, Stevens
Voting No: Jensen (Kevin), Kaiser, Peterson (Kent), Rozum, Tieszen, Wismer
Excused: Bordeaux
SB 128: provide an exception for alcohol manufacturer licensees to participate in certain
charitable retail events.
Presented by: Representative Dennert (Handout(s): #6)
Proponents: Ronald Lindner, Aberdeen, self
Deb Fischer-Clemens, Avera Health
Lynn Kendall, Rapid City Area Chamber of Commerce
Jason Evans, Department of Revenue
Matt Krogman, SD Licensed Beverage Dealers and Gaming Association
Bill VanCamp, South Dakota Retailers Association
Nancy Johnson, South Dakota Beer Distributors
Jeremiah Murphy, Republic National Distributing Company
Representative Mickelson (Handout(s): #7, #8)
MOTION: AMEND SB 128
128fb
On page 1, line 5, of the Senate Commerce and Energy Committee engrossed bill, after
"manufacturer" insert "or wholesaler".
Moved by: Reed
Second by: Turbiville
Action: Prevailed by voice vote.
MOTION: DO PASS SB 128 AS AMENDED
Moved by: Tieszen
Second by: Jensen (Kevin)
Action: Prevailed by roll call vote. (11-1-1-0)
Voting Yes: Jensen (Kevin), Kaiser, Lust, Peterson (Kent), Reed, Rozum, Tieszen, Turbiville,
Wismer, Johns, Stevens
Voting No: Haugaard
Excused: Bordeaux
MOTION: AMEND TITLE OF SB 128
128ftb
On page 1, line 1, of the Senate Commerce and Energy Committee engrossed bill, after
"manufacturer" insert "and wholesaler".
On page 1, line 2, delete "charitable".
Moved by: Tieszen
Second by: Peterson (Kent)
Action: Prevailed by voice vote.
MOTION: WITHOUT RECOMMENDATION SB 91
Moved by: Tieszen
Second by: Kaiser
Action: Was not acted on.
MOTION: SUBSTITUTE MOTION TO TABLE SB 91
Moved by: Johns
Second by: Turbiville
Action: Failed by roll call vote. (6-6-1-0)
Voting Yes: Haugaard, Lust, Reed, Turbiville, Johns, Stevens
Voting No: Jensen (Kevin), Kaiser, Peterson (Kent), Rozum, Tieszen, Wismer
Excused: Bordeaux
MOTION: SUBSTITUTE MOTION DEFER SB 91 TO THE 41
ST LEGISLATIVE DAY
Moved by: Turbiville
Second by: Johns
Action: Prevailed by roll call vote. (8-4-1-0)
Voting Yes: Haugaard, Jensen (Kevin), Lust, Reed, Rozum, Turbiville, Johns, Stevens
Voting No: Kaiser, Peterson (Kent), Tieszen, Wismer
Excused: Bordeaux
MOTION: ADJOURN
Moved by: Kaiser
Second by: Peterson (Kent)
Action: Prevailed by voice vote.
Liz Markley
____________________________
Committee Secretary
Mike Stevens, Chair
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