93
rd Legislative Session _ 2018
Committee: Senate Judiciary
Thursday, February 15, 2018
P - Present
E - Excused
A - Absent
Roll Call
P Greenfield (Brock)
P Kennedy
P Langer
P Nelson
P Netherton
P Rusch, Vice-Chair
P Russell, Chair
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Senator Lance S. Russell, Chair.
SB 191: provide certain venue for enforcement of protection orders and conditions for no
contact.
Presented by: Senator Netherton
Proponents: Daniel Haggar, self, Sioux Falls
Paul Bachand, SD States Attorneys Association
Dianna Miller, SD Network Against Family Violence & Sexual Assault
Charles McGuigan, Office of the Attorney General
MOTION: DO PASS SB 191
Moved by: Langer
Second by: Netherton
Action: Prevailed by roll call vote. (6-1-0-0)
Voting Yes: Greenfield (Brock), Langer, Nelson, Netherton, Rusch, Russell
Voting No: Kennedy
SCR 16: Expressing our gratitude to the 45th President of the United States, Donald J. Trump,
for Making America Great Again.
Presented by: Senator Greenfield (Brock)
MOTION: AMEND SCR 16
c16wa
On the printed resolution, delete everything after the first WHEREAS clause and insert:
"President Trump's Executive Order to boost apprenticeships has increased job growth, and under
his leadership one million seven hundred thousand new jobs have been created; and
WHEREAS, President Trump's work and dedication to the United States' workforce has been
proven by bringing companies back to the United States and ending the war on coal; and
WHEREAS, under President Trump's policies, the unemployment rate has fallen to four and one
one-hundredths percent, the lowest since May 2017; and
WHEREAS, President Trump signed into law a tax reform plan that provided five billion five
hundred thousand dollars in tax cuts, increased the child tax credit, and repealed the Affordable Care
Act, commonly known as Obamacare, tax; and
WHEREAS, President Trump continues to cut government regulation at a twenty-two-to-one
ratio, thus saving eight billion one hundred thousand dollars and resulting in a twenty and four
one-hundredths percent increase in the S&P 500 since one year ago; and
WHEREAS, President Trump has issued executive orders to protect police officers and to target
drug cartels, creating a safer country; and
WHEREAS, President Trump appointed and the Senate confirmed Justice Neil Gorsuch to the
Supreme Court of the United States; and
WHEREAS, President Trump and his administration have helped to reduce illegal immigration,
with forty percent fewer illegal aliens crossing the border; and
WHEREAS, President Trump has followed through on his campaign promise by withdrawing
from the Trans-Pacific Partnership; and
WHEREAS, President Trump has announced plans to move the United States' Embassy to
Jerusalem; and
WHEREAS, President Trump's administration promptly placed sanctions on Iran over their
missile program and promptly responded to Syria's use of chemical weapons; and
WHEREAS, with cohesive and effective teamwork with his administration and the brave men
and women of our armed forces, President Trump has continued to fight terror, resulting in ISIS
losing territory and power:
NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Ninety-Third Legislature of the
State of South Dakota, the House of Representatives concurring therein, that the South Dakota
Legislature, expresses gratitude for the work of the 45th President of the United States, Donald J.
Trump, for Making America Great Again."
Moved by: Langer
Second by: Nelson
Action: Prevailed by voice vote.
MOTION: ADOPT RESOLUTION SCR 16 AS AMENDED
Moved by: Nelson
Second by: Langer
Action: Prevailed by roll call vote. (5-2-0-0)
Voting Yes: Greenfield (Brock), Langer, Nelson, Netherton, Russell
Voting No: Kennedy, Rusch
SB 182: revise certain provisions regarding the crime of rape.
Presented by: Senator Nelson
Proponents: Charles McGuigan, Office of the Attorney General
Dianna Miller, SD Network Against Family Violence & Sexual Assault
Richard Tieszen, South Dakota Sheriffs Association
Paul Bachand, SD States Attorneys Association
Opponents: Lindsey Riter-Rapp, SD Association of Criminal Defense Lawyers
MOTION: DO PASS SB 182
Moved by: Nelson
Second by: Netherton
Action: Prevailed by roll call vote. (4-3-0-0)
Voting Yes: Greenfield (Brock), Nelson, Netherton, Russell
Voting No: Kennedy, Langer, Rusch
SB 175: revise certain provisions regarding the carrying of concealed pistols by certain
persons.
Presented by: Senator Solano
Proponents: Staci Ackerman, South Dakota Sheriff's Association
Fred Lamphere, Butte County Sheriff, self
Opponents: Rick Miller, Department of Public Safety
MOTION: DEFER SB 175 TO THE 41
ST LEGISLATIVE DAY
Moved by: Nelson
Second by: Greenfield (Brock)
Action: Was not acted on.
MOTION: SUBSTITUTE MOTION AMEND SB 175
175wa
On page 1, line 14, of the printed bill, delete "Class 6 felony" and insert "Class 1 misdemeanor".
Moved by: Langer
Second by: Netherton
Action: Withdrawn.
MOTION: SUBSTITUTE MOTION AMEND SB 175
175wb
On page 1, line 13, of the printed bill, delete everything after "misdemeanor" .
On page 1, line 14, delete everything before "." .
Moved by: Langer
Second by: Netherton
Action: Failed by voice vote.
MOTION: DEFER SB 175 TO THE 41
ST LEGISLATIVE DAY
Moved by: Nelson
Second by: Greenfield (Brock)
Action: Prevailed by roll call vote. (6-1-0-0)
Voting Yes: Greenfield (Brock), Kennedy, Nelson, Netherton, Rusch, Russell
Voting No: Langer
MOTION: ADJOURN
Moved by: Greenfield (Brock)
Second by: Netherton
Action: Prevailed by voice vote.
Rena Ortbahn
____________________________
Committee Secretary
Lance S. Russell, Chair
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