84th Legislative Session _ 2009

Committee: House Judiciary
Monday, February 09, 2009

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Engels
P    Feinstein
E    Gibson
P    Gosch
P    Hamiel
P    Hoffman
P    Hunt, Vice-Chair
E    Killer
P    Lust
P    Moser
P    Schlekeway
P    Turbiville
P    Cutler, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Representative Joni Cutler, Chair.

MOTION:     TO APPROVE THE MINUTES OF WEDNESDAY, FEBRUARY 4, 2009.

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

         HB 1080: revise certain provisions relating to internet and mail order sales of cigarettes and tobacco products.

Proponents:    Scott Swier, Office of Attorney General

MOTION:     AMEND HB 1080


1080rb

     On page 8, line 11, of the printed bill, after "state." insert "Nothing in this Act prohibits the collection of tax against a person receiving cigarettes or tobacco products in violation of this chapter.".

     On page 8, delete lines 12 to 24, inclusive.

     On page 9, delete lines 1 to 14, inclusive.


Moved by:    Schlekeway
Second by:    Feinstein
Action:    Prevailed by voice vote.

 MOTION:     DO PASS HB 1080 AS AMENDED

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

Voting Yes:    Engels, Feinstein, Gosch, Hamiel, Hoffman, Lust, Moser, Schlekeway, Turbiville, Cutler

Excused:    Gibson, Hunt, Killer

         HB 1123: remove certain sanctions related to public assistance for certain felony drug offenders.

Presented by:    Representative Martha Vanderlinde (Handouts: #1)
Proponents:    Pamela Dreismeier, Self, Sioux Falls
        Julie Crawford, Self, Sioux Falls
        Cathy Brechtelsbauer, Bread for the World
        Terrance Dosch, SD Council of Substance Abuse Directors
Opponents:    Deb Bowman, Department of Social Services
        Laurie Feiler, Department of Corrections

MOTION:     AMEND HB 1123

1123ta
     On page 1, line 7, of the printed bill, delete "to the extent provided in this section".

     On page 1, delete lines 8 to 14, inclusive.


Moved by:    Feinstein
Second by:    Engels
Action:    Prevailed by voice vote.

 MOTION:     DO PASS HB 1123 AS AMENDED

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

Voting Yes:    Engels, Feinstein, Gosch, Hamiel, Hoffman, Hunt, Lust, Moser, Schlekeway, Cutler

Excused:    Gibson, Killer, Turbiville

The gavel was passed to Representative Roger Hunt, Vice-Chair.

         HB 1155: require that the testing of blood samples of suspects of sexual assault be completed within a specified time.

Presented by:    Representative Joni Cutler
Proponents:    Dianna Miller, SD Network Against Family Violence & Sexual Assault

MOTION:     AMEND HB 1155

1155ja

     On page 2, line 5, of the printed bill, delete " complete " and insert " initiate ".

     On page 2, delete line 6, and insert " department receives the blood sample. ".


Moved by:    Gosch
Second by:    Engels
Action:    Prevailed by voice vote.

 MOTION:     DO PASS HB 1155 AS AMENDED
Moved by:    Moser
Second by:    Schlekeway
Action:    Prevailed by roll call vote. (10-0-3-0)

Voting Yes:    Engels, Feinstein, Gosch, Hamiel, Hoffman, Hunt, Lust, Moser, Schlekeway, Cutler

Excused:    Gibson, Killer, Turbiville

 MOTION:     AMEND TITLE OF HB 1155

1155rta

On page 1, line 2, of the printed bill, delete "completed" and insert "initiated".
                

Moved by:    Cutler
Second by:    Hoffman
Action:    Prevailed by voice vote.

 MOTION:     PLACE HB 1155 ON CONSENT CALENDAR

Moved by:    Hoffman
Second by:    Moser
Action:    Prevailed by voice vote.

The gavel was returned to the Chair.

         HB 1220: provide an affirmative defense regarding a violation involving an unchanging traffic-control device.
        
The gavel was passed to Representative Roger Hunt, Vice-Chair.
        
Presented by:    Representative Marc Feinstein (Handouts: #2)
Proponents:    Jim Putnam, Self, Armour
        Rich Sattgast, Self, Pierre
        Jeff Haverly, Self, Rapid City
        Dianna Miller, ABATE
        Myron Rau, SD Auto Dealers Association
        Larry Neilson, Self, Tulare (Handouts: #3)
        Roger Tellinghuisen, Self, Spearfish
        John Addy, Self, Canistota
Opponents:    Pat Fahey, Department of Public Safety



The gavel was passed to the Chair.

        THE CHAIR DEFERRED ACTION ON HB 1220 UNTIL WEDNESDAY, FEBRUARY 11, 2009.

        THE CHAIR DEFERRED HB 1207 UNTIL WEDNESDAY, FEBRUARY 11, 2009.

MOTION:     ADJOURN

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

Linda Daugaard

____________________________

Committee Secretary
Joni M. Cutler, Chair