House Judiciary Minutes 02/08/2002 7:45 AM

77^th Legislative Session _ 2002

Committee: House Judiciary

Friday, February 08, 2002

                                            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 Jarvis Brown, Chair

MOTION:     TO APPROVE THE MINUTES OF FEBRUARY 6, 2002

Moved by:    Monroe
Second by:    Nachtigal
Action:    Prevailed by voice vote.

         SB 101: provide for the release of the booking photographs of prisoners under certain conditions.

Presented By:    Senator Albers
Proponents:    David Bordewyk, SD Newspaper Association
        Other previous testimony

Opponents:    Rex Hagg, SD Trial Lawyers Association
        Bob Mercer, Office of the Governor
        Laurie Feiler, Department of Corrections
        Other previous testimony

MOTION:     AMEND SB 101

On page 1, line 13 of the Senate Judiciary Committee engrossed bill, delete " booking photographs " and insert " photographs to the news media, ".

Moved by:    Hennies (Thomas)
Second by:    Jensen
Action:    Prevailed by voice vote.

MOTION:     DEFER SB 101 TO THE 36^TH LEGISLATIVE DAY

Moved by:    Monroe
Second by:    Sebert
Action:    Was not acted on.

MOTION:     SUBSTITUTE MOTION DO PASS SB 101 AS AMENDED

Moved by:    Hennies (Thomas)
Action:    Died for a lack of a second

MOTION:     DEFER SB 101 TO THE 36^TH LEGISLATIVE DAY

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

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

Voting No:    Hennies (Thomas), Madsen, Nachtigal

         SB 84: revise certain transcript fees.

Proponents:    John Brown, SD Court Reporters Association
        Dave Bergendahl, Yankton

        Tim Swanson, SD Court Reporters Association
Opponents:    Dick Howard, County Commissioners Association

MOTION:     DO PASS SB 84

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

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

Voting No:    Bartling, Nachtigal

         SB 19: create the crime of communicating a terroristic threat or hoax terroristic threat and to provide certain penalties therefor.

Presented By:    Charlie McGuigan, Attorney Generals Office
Proponents:    Dick Tieszen, SD Sheriff's Association
        Larry Nelson, SD Municipal League
        Chuck Schroyer, States Attorneys Association
Opponents:    Jennifer Ring, ACLU
        Rex Hagg SD Trial Lawyers Association

MOTION:     AMEND SB 19

On page 2, after line 23 of the Senate Judiciary Committee engrossed bill, insert:

" Section 5. The provisions of this Act may not be construed to create any cause of action against any person based upon or arising out of any act or omission relating to any good faith response to a terrorist act or an attempted terrorist act.".

Moved by:    Hennies (Thomas)
Second by:    Monroe
Action:    Prevailed by voice vote.

MOTION:     DEFER SB 19 UNTIL FEBRUARY 13, 2002

Moved by:    Michels
Second by:    McCaulley

Action:    Prevailed by voice vote.

         SB 39: revise the duties of the filing office in dealing with uniform commercial code records.

Proponents:    Tom Adam, SD Banker's Association
        Tom Leckey, Office of the Secretary of State

MOTION:     DO PASS SB 39

Moved by:    Michels
Second by:    Monroe
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:     PLACE SB 39 ON CONSENT CALENDAR

Moved by:    Jensen
Second by:    Hennies (Thomas)
Action:    Prevailed by voice vote.

         SB 52: revise certain provisions regarding the resolution of unperformed acts and the administration of subsequently discovered property of an estate.

Proponents:    Tom Barnett, State Bar Association

Chair Brown passed the gavel to vice-chair Michels.

MOTION:     DO PASS SB 52

Moved by:    Monroe
Second by:    Bartling
Action:    Prevailed by roll call vote.(12-0-1-0)

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

Excused:    McCaulley

MOTION:     PLACE SB 52 ON CONSENT CALENDAR

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

         SB 73: prohibit the sale of prepaid adult entertainment cards and to provide a penalty therefor.

Presented By:    Senator Garry Moore
Proponents:    Bill Mickelson, SD Internet Crimes Against Children

The Chair deferred SB 73 until February 11, 2002.

MOTION:     ADJOURN

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

Diane Mellan

____________________________

Committee Secretary

Jarvis W. Brown, Chair

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