Committee: Senate Judiciary

Tuesday, February 12, 2019

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    DiSanto
P    Kennedy
P    Klumb
P    Nelson
P    Stalzer
P    Schoenbeck, Vice-Chair
P    Rusch, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Senator Arthur Rusch, Chair.

The President Pro Tem appointed Senator Joshua Klumb to the Senate Judiciary Committee to replace Senator Russell for one day. He also appointed Senator Lee Schoenbeck to serve as Vice-Chair for the day, and Senator Arthur Rusch to serve as Chair for the day.

MOTION:    TO APPROVE THE MINUTES OF THURSDAY, FEBRUARY 7, 2019

Moved by:    Nelson
Second by:    DiSanto
Action:    Prevailed by voice vote.

MOTION:    RECONSIDER SB 71

Moved by:    Schoenbeck
Second by:    Nelson
Action:    Prevailed by voice vote.

MOTION:    DO PASS SB 71

Moved by:    Schoenbeck
Second by:    Kennedy
Action:    Was not acted on.

MOTION:    SUBSTITUTE MOTION DO NOT PASS SB 71

Moved by:    Stalzer
Second by:    Nelson
Action:    Failed by roll call vote. (3-4-0-0)

Voting Yes:    Klumb, Nelson, Stalzer

Voting No:    DiSanto, Kennedy, Schoenbeck, Rusch

ORIGINAL MOTION: DO PASS SB 71

Moved by:    Schoenbeck
Second by:    Kennedy
Action:    Prevailed by roll call vote. (5-2-0-0)

Voting Yes:    DiSanto, Kennedy, Klumb, Schoenbeck, Rusch

Voting No:    Nelson, Stalzer

    Appointment of Ed Ligtenberg to the South Dakota Board of Pardons and Paroles

Presented by: Charles McGuigan, Office of the Attorney General (Handout #1)

MOTION:    SENATE ADVISE AND CONSENT TO THE APPOINTMENT OF ED LIGTENBERG, TO THE SOUTH DAKOTA BOARD OF PARDONS AND PAROLES

Moved by:    Schoenbeck
Second by:    DiSanto
Action:    Prevailed by roll call vote. (7-0-0-0)

Voting Yes:    DiSanto, Kennedy, Klumb, Nelson, Stalzer, Schoenbeck, Rusch

    Appointment of Gregg A. Gass to the South Dakota Board of Pardons and Paroles

Presented by: Jason Ravnsborg, Attorney General

MOTION:    SENATE ADVISE AND CONSENT TO THE APPOINTMENT OF GREGG A. GASS, TO THE SOUTH DAKOTA BOARD OF PARDONS AND PAROLES

Moved by:    Kennedy
Second by:    Stalzer
Action:    Prevailed by roll call vote. (7-0-0-0)

Voting Yes:    DiSanto, Kennedy, Klumb, Nelson, Stalzer, Schoenbeck, Rusch

    SB 122: restrict the enactment of policies governing the possession of firearms at public institutions of higher education.

Presented by:    Jordan D. Mason, South Dakota Gun Owners
Proponents:    (Handout(s): #6) (distributed by Senator Stace Nelson)
Opponents:    Jacob Oberpriller, self, Rapid City
        Josh Sorbe, self, Vermillion (Handout(s): #2)
        Madison Green, self, Vermillion (Handout(s): #3)
        Cole McDougall, self, Brookings (Handout(s): #4)
        Paul B. Beran, Board of Regents
        Will Mortenson, South Dakota Board of Technical Education
        Sheila Gestring, Board of Regents
        AJ Franken, Board of Regents
        Jeremiah M. Murphy, South Dakota Education Association (Handout(s): #5)
        Lori Martinec, South Dakota Police Chiefs Association
        Angela Severson, self, Ft. Pierre
Others:    Nathan Lukkes, Board of Regents (responded to questions)
        Jason Ravnsborg, Attorney General (responded to questions)

MOTION:    DO PASS SB 122

Moved by:    Nelson
Second by:    Stalzer
Action:    Was not acted on.

MOTION:    SUBSTITUTE MOTION DEFER SB 122 TO THE 41^ST LEGISLATIVE DAY

Moved by:    Kennedy
Second by:    Schoenbeck
Action:    Failed by roll call vote. (3-4-0-0)

Voting Yes:    Kennedy, Schoenbeck, Rusch

Voting No: DiSanto, Klumb, Nelson, Stalzer

ORIGINAL MOTION: DO PASS SB 122

Moved by:    Nelson
Second by:    Stalzer
Action:    Prevailed by roll call vote. (4-3-0-0)

Voting Yes:    DiSanto, Klumb, Nelson, Stalzer

Voting No:    Kennedy, Schoenbeck, Rusch

    SB 164: provide uniform procedures for the reporting of and investigation of missing and murdered indigenous women.

Presented by:    Senator Lynne DiSanto
Proponents:    Representative Tamara St. John (Handout(s): #7)
        Jenae Kristine Hansen, South Dakota Voices for Justice
                     National Association of Social Workers-South Dakota
        Rebecca M. Terk, Dakota Rural Action

MOTION:    DO PASS SB 164

Moved by:    Kennedy
Second by:    Schoenbeck
Action:    Prevailed by roll call vote. (7-0-0-0)

Voting Yes:    DiSanto, Kennedy, Klumb, Nelson, Stalzer, Schoenbeck, Rusch

    SB 127: revise provisions regarding the Law Enforcement Officers Certification Commission.

Presented by:    Senator Susan Wismer
Opponents:    Jason Ravnsborg, Attorney General
        Rick Miller, Department of Public Safety
Others:    Charles McGuigan, Office of the Attorney General

MOTION:    AMEND SB 127

Moved by:    Kennedy
Second by:    Schoenbeck
Action:    Prevailed by voice vote.

        The Chair has deferred SB 127 to another day.

Senator Rusch recessed the meeting until immediately after the afternoon Senate floor session.

Senator Rusch reconvened the meeting at 4 PM in room 423. The hearing of opponents of SB 127 continued.

MOTION:    DO PASS SB 127

Moved by:    Nelson
Second by:    Kennedy
Action:    Failed by roll call vote. (2-3-2-0)

Voting Yes:    Kennedy, Nelson

Voting No:    DiSanto, Klumb, Rusch

Excused:    Stalzer, Schoenbeck

MOTION:    DEFER SB 127 TO THE 41^ST LEGISLATIVE DAY

Moved by:    Klumb
Second by:    DiSanto
Action:    Failed by roll call vote. (3-2-2-0)

Voting Yes:    DiSanto, Klumb, Rusch

Voting No:    Kennedy, Nelson

Excused:    Stalzer, Schoenbeck

        THE CHAIR DEFERRED SB 127 UNTIL ANOTHER DAY

MOTION:    ADJOURN

Moved by:    Klumb
Second by:    DiSanto
Action:    Prevailed by voice vote.

Rena Ortbahn

____________________________

Committee Secretary

Arthur Rusch, Chair

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