93rd Legislative Session _ 2018

Committee: House Judiciary
Monday, February 05, 2018

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Barthel
P    Diedrich
P    Bordeaux
P    Jensen (Kevin)
P    Kaiser
P    Lust
P    Peterson (Kent)
P    Reed
P    Rozum
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 FRIDAY, FEBRUARY 2, 2018

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

        THE CHAIR DEFERRED HB 1269 UNTIL ANOTHER LEGISLATIVE DAY

    SB 74: create an exception to the minimum difference in age between adoptive parent and child and to declare an emergency.


Presented by:    Representative Schoenfish

MOTION:    DO PASS SB 74

Moved by:    Johns
Second by:    Kaiser
Action:    Prevailed by roll call vote. (12-0-1-0)

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

Excused:    Bordeaux

    HB 1254: revise certain provisions regarding conditional bonds in domestic abuse actions.

Presented by:    Representative Johns

MOTION:    DO PASS HB 1254

Moved by:    Barthel
Second by:    Peterson (Kent)
Action:    Prevailed by roll call vote. (11-1-1-0)

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

Voting No:    Kaiser

Excused:    Bordeaux

    HB 1126: revise certain provisions regarding forensic medical examinations for victims of rape or sexual offense.

Presented by:    Representative Reed
Proponents:    Sandra Ruesch, self, Brookings
        Dianna Miller, SD Network Against Family Violence & Sexual Assault

MOTION:    AMEND HB 1126

1126wb
                

    On page 2, line 22, of the printed bill, delete everything after "Each" and insert "physician, hospital, and clinic conducting an examination under § 22-22-26 shall coordinate with the".


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

MOTION:    DO PASS HB 1126 AS AMENDED

Moved by:    Rozum
Second by:    Jensen (Kevin)
Action:    Prevailed by roll call vote. (12-0-1-0)

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

Excused:    Bordeaux

    HB 1136: revise certain provisions related to cooperatives.

Presented by:    Representative Duvall
Proponents:    Mike Traxinger, Agtegra Cooperatives
        Brenda Forman, South Dakota Association of Cooperatives
        Greg Dean, South Dakota Telecommunications Association

MOTION:    DO PASS HB 1136

Moved by:    Rozum
Second by:    Reed
Action:    Prevailed by roll call vote. (12-0-1-0)

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

Excused:    Bordeaux

MOTION:    PLACE HB 1136 ON CONSENT CALENDAR

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



    HB 1244: revise certain provisions regarding the renewal of driver licenses by a member of the armed forces and their families.

Presented by:    Representative Rozum
Proponents:    Jenna Howell, Department of Public Safety

MOTION:    AMEND HB 1244

1244aa

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

"
    Section 1. That § 32-12-45 be amended to read:

    32-12-45. A valid South Dakota operator's license, motorcycle operator's license, restricted minor's permit, motorcycle restricted minor's permit, instruction permit, or motorcycle instruction permit held by any person who enters or is in active duty member of the United States armed forces, or held by a spouse or a dependent of any active duty military member serving outside this state, shall continue in full force and effect so long as the service continues and the person remains absent from this state, and for not to exceed thirty ninety days following the date on which the holder of such the license is honorably separated from such service or returns to this state, whichever is earlier, unless the license is sooner suspended, canceled, or revoked for cause as provided by law. The license is valid only when in the immediate possession of the licensee while driving and the licensee has military-issued identification, orders, discharge or separation papers, if discharged or separated from the service, in the licensee's immediate possession. A license may also be renewed electronically or by mail pursuant to § 32-12-43.1. To renew the license by mail, the holder shall mail to the Department of Public Safety the appropriate fee pursuant to § 32-12-16, an affidavit signed by the holder which states that the holder is a member of the United States armed forces and is in good health, and an affidavit signed by a licensed optometrist or ophthalmologist that supplies proof that the holder has adequate eyesight. Any person renewing a permit or license under this section more than thirty days after the expiration date on the permit or license may be required to show military identification, orders, separation, or discharge papers.

    Section 2. That § 32-12-45.1 be repealed.

    32-12-45.1. A valid South Dakota operator's license, motorcycle operator's license, restricted minor's permit, motorcycle restricted minor's permit, instruction permit, or motorcycle instruction permit held by a dependent of a member of the United States armed forces shall expire and may be renewed as provided in § 32-12-42. However, the license may also be renewed during the renewal period by mail. To renew the license by mail, the dependent shall mail to the Department of Public Safety an affidavit signed by the dependent which states that the person is a dependent of a member

of the United States armed forces and is of good health and an affidavit signed by a licensed optometrist or ophthalmologist that supplies proof that the dependent has adequate eyesight. "



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

MOTION:    DO PASS HB 1244 AS AMENDED

Moved by:    Kaiser
Second by:    Reed
Action:    Prevailed by roll call vote. (12-0-1-0)

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

Excused:    Bordeaux

MOTION:    PLACE HB 1244 ON CONSENT CALENDAR

Moved by:    Turbiville
Second by:    Johns
Action:    Prevailed by voice vote.

    HB 1249: authorize the training of tribal law officers at the Law Enforcement Training Center.

Presented by:    Representative Heinemann
Proponents:    Ross Garelick Bell, Flandreau Santee Sioux Tribe
        Charles McGuigan, Office of the Attorney General

MOTION:    DO PASS HB 1249

Moved by:    Lust
Second by:    Reed
Action:    Prevailed by roll call vote. (12-0-1-0)

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

Excused:    Bordeaux



MOTION:    PLACE HB 1249 ON CONSENT CALENDAR

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

    HB 1124: allow certain persons with a felony conviction to apply for a concealed pistol permit.

Presented by:    Representative Livermont
Proponents:    Aaron Auandaht, self, Clark

        THE CHAIR DEFERRED HB 1124 UNTIL ANOTHER LEGISLATIVE DAY

MOTION:    ADJOURN

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

Liz Markley

____________________________

Committee Secretary
Mike Stevens, Chair


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