P - Present
Roll Call
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Chairman Jarvis Brown
MOTION:
TO APPROVE THE MINUTES OF JANUARY 31, 2001
E - Excused
A - Absent
P Bartling
P Gillespie
P Hennies (Thomas)
P Jensen
P Madsen
P McCaulley
P Monroe
P Murschel
P Nachtigal
P Sebert
A Valandra
P Michels, Vice-Chair
P Brown (Jarvis), Chair
Moved by: Michels
Second by: Jensen
Action: Prevailed by voice vote.
HB 1120: allow a medical necessity to be used as a defense in certain cases involving
the possession or use of marijuana.
Presented By: Representative Thomas Hennies
Proponents: None
Opponents: Bill Mickelson (SD Highway Patrol)
Dick Tieszen (SD Chiefs/Sheriffs Association)
Charlie McGuigan (SD Attorney General)
Jerry Hofer (SD Dept. of Health)
MOTION:
AMEND HB 1120
"
Section
1.
Any person eighteen years of age or older arrested or prosecuted for the misdemeanor
possession or use of marijuana, pursuant to
§
22-42-6, has an affirmative defense of medical
necessity if the following is met:
Section
4.
That
§
23A-8-3
be amended to read as follows:
Moved by: Hennies (Thomas)
Second by: Bartling
Action: Failed by voice vote.
MOTION:
DEFER HB 1120 TO THE 41ST LEGISLATIVE DAY
Moved by: Michels
Second by: Madsen
Action: Prevailed by roll call vote.(9-3-0-1)
Voting Yes: Bartling, Gillespie, Hennies (Thomas), Jensen, Madsen, McCaulley, Sebert, Michels,
Brown (Jarvis)
Voting No: Monroe, Murschel, Nachtigal
Absent: Valandra
HB 1246: prohibit the occupation of a motor vehicle knowing that any controlled
drug or substance is illegally being stored or used therein and to provide penalties
therefor.
Presented By: Dave Nelson (Minnehaha County State's Attorney)
Proponents: None
Opponents: Rex Hagg (SD Trial Lawyers Association)
MOTION:
AMEND HB 1246
Moved by: Michels
Second by: McCaulley
Action: Prevailed by voice vote.
MOTION:
AMEND HB 1246
Moved by: Monroe
Second by: Nachtigal
Action: Prevailed by roll call vote.(7-5-0-1)
Voting Yes: Bartling, Gillespie, Hennies (Thomas), Jensen, Monroe, Murschel, Nachtigal
Voting No: Madsen, McCaulley, Sebert, Michels, Brown (Jarvis)
Absent: Valandra
MOTION:
DEFER HB 1246 TO THE 41ST LEGISLATIVE DAY
Moved by: Murschel
Second by: Gillespie
Action: Was not acted on.
MOTION:
SUBSTITUTE MOTION DO PASS HB 1246 AS AMENDED
Moved by: McCaulley
Second by: Michels
Action: Failed by roll call vote.(6-6-0-1)
Voting Yes: Bartling, Madsen, McCaulley, Sebert, Michels, Brown (Jarvis)
Voting No: Gillespie, Hennies (Thomas), Jensen, Monroe, Murschel, Nachtigal
Absent: Valandra
MOTION:
ORIGINAL DEFER HB 1246 TO THE 41ST LEGISLATIVE DAY
Action: Prevailed by roll call vote.(7-5-0-1)
Voting Yes: Bartling, Gillespie, Hennies (Thomas), Jensen, Monroe, Murschel, Nachtigal
Voting No: Madsen, McCaulley, Sebert, Michels, Brown (Jarvis)
Absent: Valandra
HB 1225: clarify the courts in which garnishment proceedings may be pursued.
Presented By: Dean Krogman (SD Collections Association)
Proponents: Greg Adamsen (SD Collections Association)
Robert Nelson (Avera Health/AMI)
Tom Barnett (SD State Bar Association)
Opponents: None
MOTION:
AMEND HB 1225
Moved by: Michels
Second by: Madsen
Action: Prevailed by voice vote.
on the assessment, an appeal may be taken without payment of the amount ordered to be paid and
without filing of a bond. If the secretary's decision is affirmed by the circuit court, no appeal may be
taken unless any amount ordered to be paid by the secretary is paid or a bond is filed to insure
payment of such amount.".
Moved by: Hennies (Thomas)
Second by: Michels
Action: Prevailed by voice vote.
MOTION:
AMEND HB 1177
Moved by: Michels
Second by: Monroe
Action: Prevailed by voice vote.
MOTION:
DO PASS HB 1177 AS AMENDED
Moved by: Monroe
Second by: Madsen
Action: Prevailed by roll call vote.(12-0-0-1)
Voting Yes: Bartling, Gillespie, Hennies (Thomas), Jensen, Madsen, McCaulley, Monroe,
Murschel, Nachtigal, Sebert, Michels, Brown (Jarvis)
Absent: Valandra
MOTION:
PLACE HB 1177 ON CONSENT
Moved by: Michels
Second by: Sebert
Action: Prevailed by voice vote.
HB 1122: modify the time required for a temporary custody hearing to be held in
certain juvenile legal proceedings.
Presented By: Dick Howard (SD Association of County Commissioners)
Proponents: Mark Smith (Hughes Co. State's Attorney)
Virgena Wieseler (SD Dept. of Social Services)
Opponents: None
MOTION:
AMEND HB 1122
Moved by: Madsen
Second by: Monroe
Action: Prevailed by voice vote.
MOTION:
DO PASS HB 1122 AS AMENDED
Moved by: Madsen
Second by: Jensen
Action: Prevailed by roll call vote.(11-0-0-1)
Voting Yes: Bartling, Gillespie, Jensen, Madsen, McCaulley, Monroe, Murschel, Nachtigal,
Sebert, Michels, Brown (Jarvis)
Absent: Valandra
MOTION:
PLACE HB 1122 ON CONSENT
Moved by: Monroe
Second by: McCaulley
Action: Prevailed by voice vote.
MOTION:
ADJOURN
Action: Prevailed by voice vote.
Jeanne Bullard
Committee Secretary
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