House Judiciary Minutes 1/11/2008 07:45 AM

2008 Legislative Session _ 2008

Committee: House Judiciary

Friday, January 11, 2008

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Buckingham
P    Engels
P    Feinstein
P    Gillespie
P    Gilson
P    Hunt, Vice-Chair
P    Lust
P    Moore
P    Peters
P    Vanneman
P    Vehle
P    Willadsen
P    Cutler, Chair

OTHERS PRESENT: See Original Minutes

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

Judith Roberts of the Unified Judicial System, at the invitation of the Chair, gave a short review on statutory interpretation for the benefit of the members.

MOTION:     TO INTRODUCE SIX (6) BILLS ON BEHALF OF THE CHIEF JUSTICE.

Moved by:    Gillespie
Second by:    Peters
Action:    Prevailed by roll call vote. (13-0-0-0)

Voting Yes:    Buckingham, Engels, Feinstein, Gillespie, Gilson, Hunt, Lust, Moore, Peters, Vanneman, Vehle, Willadsen, Cutler

         HB 1001: provide for a jury trial in forfeiture proceedings.

Presented by:    Representative Thomas Deadrick

MOTION:     DO PASS HB 1001

Moved by:    Hunt
Second by:    Feinstein
Action:    Prevailed by roll call vote. (12-0-0-0)

Voting Yes:    Buckingham, Engels, Feinstein, Gillespie, Gilson, Hunt, Lust, Moore, Peters, Vanneman, Vehle, Willadsen

MOTION:     PLACE HB 1001 ON CONSENT CALENDAR

Moved by:    Moore
Second by:    Vehle
Action:    Prevailed by voice vote.

         HB 1030: revise certain provisions regarding the appointment of notaries public and the requirements of notary public seals.

Presented by:    Chris Nelson, Secretary of State

MOTION:     AMEND HB 1030

On page 1, line 15, of the printed bill, delete " If a notary public ".

On page 2, delete lines 1 and 2.

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

MOTION:     DO PASS HB 1030 AS AMENDED

Moved by:    Lust
Second by:    Gilson
Action:    Prevailed by roll call vote. (13-0-0-0)

Voting Yes:    Buckingham, Engels, Feinstein, Gillespie, Gilson, Hunt, Lust, Moore, Peters, Vanneman, Vehle, Willadsen, Cutler

MOTION:     PLACE HB 1030 ON CONSENT CALENDAR

Moved by:    Willadsen
Second by:    Moore
Action:    Prevailed by voice vote.

         HB 1034: revise the definition of worker misconduct for the purposes of workers' compensation claims.

Presented by:    James Marsh, Department of Labor
Proponents:    Rob Anderson, SD Department of Labor
        Dick Tieszen, Associated School Boards of SD
        David Owen, SD Chamber of Commerce & Industry
        Bob O'Connell, Sioux Falls Area Chamber of Commerce
        Mike Shaw, Property and Casualty Insurance
Opponents:    Mark Anderson, SD State Federation of Labor AFL-CIO
        Roger Tellinghuisen, SD Trial Lawyers Association
        Paul Aylward, SD AFSCME 59 Dakotas Public Employees Union

MOTION:     DEFER HB 1034 TO THE 36^TH LEGISLATIVE DAY

Moved by:    Gillespie
Second by:    Feinstein
Action:    Prevailed by roll call vote. (11-2-0-0)

Voting Yes:    Engels, Feinstein, Gillespie, Gilson, Hunt, Lust, Moore, Peters, Vanneman, Vehle, Cutler

Voting No:    Buckingham, Willadsen

         HB 1054: authorize the State Brand Board to impose certain civil penalties.

Presented by:    Curt Mortenson, SD Brand Board
Proponents:    Margaret Nachtagall, SDSGA
        Kenny Fox, Belvidere, SD
        Sylvia Christen, Dakota Rural Action
        Bob Fortune, Rural Mellette County, SD

MOTION:     AMEND HB 1054

On page 1, line 10, of the printed bill, delete "may" and insert "shall".

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

MOTION:     SUBSTITUTE MOTION AMEND HB 1054

On page 1, line 7, of the printed bill, delete "a civil penalty" and insert "an administrative fine".

On page 1, line 8, delete "civil penalty" and insert "administrative fine".

On page 1, line 9, delete "penalty" and insert "fine".

On page 1, line 11, delete "penalty" and insert "fine".

On page 1, line 13, delete "penalty" and insert "fine".

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

MOTION:     AMEND HB 1054

On page 1, line 10, of the printed bill, delete "may" and insert "shall".

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

MOTION:     DEFER HB 1054 TO THE 36^TH LEGISLATIVE DAY

Moved by:    Willadsen
Second by:    Peters
Action:    Prevailed by roll call vote. (13-0-0-0)

Voting Yes:    Buckingham, Engels, Feinstein, Gillespie, Gilson, Hunt, Lust, Moore, Peters, Vanneman, Vehle, Willadsen, Cutler

         HB 1055: revise the penalty for leaving the brand inspection area without a brand inspection.

Presented by:    Curt Mortenson, SD Brand Board
Proponents:    Margaret Nachtagall, SDSGA
        Brenda Forman, SD Cattlemen's Association
        Silvia Christen, Dakota Rural Action
        Kenny Fox, Belvidere, SD

MOTION:     DO PASS HB 1055

Moved by:    Buckingham
Second by:    Peters
Action:    Prevailed by roll call vote. (13-0-0-0)

Voting Yes:    Buckingham, Engels, Feinstein, Gillespie, Gilson, Hunt, Lust, Moore, Peters, Vanneman, Vehle, Willadsen, Cutler

MOTION:     PLACE HB 1055 ON CONSENT CALENDAR

Moved by:    Moore
Second by:    Vanneman
Action:    Prevailed by voice vote.

MOTION:     ADJOURN

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

Carolyn Jorgensen

____________________________

Committee Secretary

Joni M. Cutler, Chair

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