House Judiciary Minutes 02/09/2001 7:45 AM

76^th Legislative Session _ 2001

Committee: House Judiciary

Friday, February 09, 2001

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Bartling
P    Gillespie
P    Hennies (Thomas)
P    Jensen
P    Madsen
P    McCaulley
P    Monroe
P    Murschel
P    Nachtigal
P    Sebert
P    Valandra
P    Michels, Vice-Chair
P    Brown (Jarvis), Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Chairman Jarvis Brown

MOTION:     TO APPROVE THE MINUTES OF FEBRUARY 7, 2001

Moved by:    Sebert
Second by:    Bartling
Action:    Prevailed by voice vote.

         SB 80: clarify the definition of the term, member, with regard to certain definition of corporation provisions.

Presented By:    Mayor Gary Drewes (City of Pierre)
Proponents:    Jim Hood (SD Municipal League/Missouri River Energy Service)
Opponents:    None

MOTION:     DO PASS SB 80

Moved by:    Monroe
Second by:    Sebert
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 SB 80 ON CONSENT

Moved by:    Sebert
Second by:    Jensen
Action:    Prevailed by voice vote.

         HB 1275: revise the definition of custodian as it relates to child abuse or neglect.

Presented By:    Representative Mike Broderick
Proponents:    Representative Cooper Garnos
        Virgena Wieseler (SD Department of Social Services)
Opponents:    Kitty Werthmann (Eagle Forum)

MOTION:     DEFER HB 1275 TO THE 41^ST LEGISLATIVE DAY

Moved by:    Sebert
Action:    Failed by lack of a second.

MOTION:     DO PASS HB 1275

Moved by:    Hennies (Thomas)
Second by:    Murschel
Action:    Prevailed by roll call vote.(11-1-0-1)

Voting Yes:    Bartling, Gillespie, Hennies (Thomas), Jensen, Madsen, McCaulley, Murschel, Nachtigal, Valandra, Michels, Brown (Jarvis)

Voting No:    Sebert

Absent:    Monroe

         HB 1202: provide for the recovery of reasonable attorney's fees and costs in actions for deceit.

Presented By:    Representative Matt McCaulley
Proponents:    Dick Gregerson(SD Chamber of Commerce)
        David Owens (SD Chamber of Commerce)
Opponents:    John Brown (National Federation of Independent Businesses)

MOTION:     DO PASS HB 1202

Moved by:    McCaulley
Second by:    Madsen
Action:    Prevailed by roll call vote.(13-0-0-0)

Voting Yes:    Bartling, Gillespie, Hennies (Thomas), Jensen, Madsen, McCaulley, Monroe, Murschel, Nachtigal, Sebert, Valandra, Michels, Brown (Jarvis)

         HB 1241: revise certain crimes to include certain forms of threatening or harassing communications.

Presented By:    Representative Jean Hunoff
Proponents:    Representative Matthew Michels
        Deb Aden (Sioux Falls Rape and Domestic Violence)
        Jeff Fox (SD Network Against Domestic Violence)
Opponents:    None

MOTION:     AMEND HB 1241

On page 2, after line 15 of the printed bill, insert:

" Section 3. That chapter 22-19A be amended by adding thereto a NEW SECTION to read as follows:

The provisions of subdivision 22-19A-1(3) do not apply to any lawful demand for payment.".

Moved by:    Michels
Second by:    Sebert
Action:    Failed by voice vote.

MOTION:     DEFER HB 1241 UNTIL 2-12-01

Moved by:    Hennies (Thomas)
Second by:    Monroe
Action:    Withdrawn.

MOTION:     AMEND HB 1241

On page 2 of the printed bill, delete lines 12 to 14 , inclusive, and insert:

" (3) Who willfully, maliciously, and repeatedly harasses another person by means of any verbal, electronic, mechanical, telegraphic, or written communication; ".

Moved by:    Michels
Second by:    McCaulley
Action:    Prevailed by voice vote.

MOTION:     DEFER HB 1241 UNTIL 2-12-01

Moved by:    Hennies (Thomas)
Second by:    Jensen
Action:    Failed by roll call vote.(5-8-0-0)

Voting Yes:    Hennies (Thomas), Jensen, Monroe, Nachtigal, Brown (Jarvis)

Voting No:    Bartling, Gillespie, Madsen, McCaulley, Murschel, Sebert, Valandra, Michels

MOTION:     AMEND HB 1241

On page 1 of the printed bill, delete lines 4 to 13 , inclusive.

On page 2 , delete lines 1 to 6 , inclusive.

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

Voting Yes:    Bartling, Gillespie, Hennies (Thomas), Jensen, Madsen, Monroe, Murschel,

Nachtigal, Sebert, Valandra, Brown (Jarvis)

Voting No:    McCaulley, Michels

MOTION:     DO PASS HB 1241 AS AMENDED

Moved by:    Madsen
Second by:    Michels
Action:    Prevailed by roll call vote.(13-0-0-0)

Voting Yes:    Bartling, Gillespie, Hennies (Thomas), Jensen, Madsen, McCaulley, Monroe, Murschel, Nachtigal, Sebert, Valandra, Michels, Brown (Jarvis)

MOTION:     TO AMEND TITLE OF HB 1241

On page 1, line 1 of the printed bill, delete " certain crimes " and insert "the elements of the crime of stalking".

On page 1 , line 2, delete " threatening or " .

Moved by:    Madsen
Second by:    Michels
Action:    Prevailed by voice vote.

         HB 1260: adopt the Uniform Interstate Enforcement of Domestic Violence Protection Orders Act.

The Chair deferred HB 1260 until February 12, 2001.

         SB 29: provide that certain offenses are violent offenses for purposes of parole eligibility.

Presented By:    Laurie Feiler (SD Department of Corrections)
Proponents:    None
Opponents:    None

MOTION:     DO PASS SB 29

Moved by:    Michels

Second by:    Madsen
Action:    Prevailed by roll call vote.(12-1-0-0)

Voting Yes:    Bartling, Gillespie, Hennies (Thomas), Jensen, Madsen, McCaulley, Monroe, Murschel, Sebert, Valandra, Michels, Brown (Jarvis)

Voting No:    Nachtigal

MOTION:     ADJOURN

Moved by:    Hennies
Second by:    Bartling
Action:    Prevailed by a voice vote.

Jeanne Bullard

____________________________

Committee Secretary

Jarvis W. Brown, Chair

../02090745.HJU