93
rd Legislative Session _ 2018
Committee: House Judiciary
Wednesday, February 14, 2018
P - Present
E - Excused
A - Absent
Roll Call
P Barthel
P Diedrich
P Bordeaux
P Jensen (Kevin)
P Kaiser
P Lust
P Peterson (Kent)
P Reed
P Rozum
P Turbiville
P Wismer
P Johns, Vice-Chair
P Stevens, Chair
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Representative Mike Stevens, Chair.
MOTION: TO APPROVE THE MINUTES OF MONDAY, FEBRUARY 12, 2018
Moved by: Turbiville
Second by: Reed
Action: Prevailed by voice vote.
HB 1290: provide for disclosure of certain contents of public-private partnership agreements
and to provide a penalty for failure to disclose.
Presented by: Representative Jensen (Kevin)
Proponents: David Bordewyk, South Dakota Newspaper Association
Opponents: David Owen, SD Chamber of Commerce & Industry
MOTION: DEFER HB 1290 TO THE 41
ST LEGISLATIVE DAY
Moved by: Rozum
Second by: Johns
Action: Prevailed by roll call vote. (9-3-1-0)
Voting Yes: Barthel, Diedrich, Bordeaux, Peterson (Kent), Rozum, Turbiville, Wismer, Johns,
Stevens
Voting No: Jensen (Kevin), Kaiser, Reed
Excused: Lust
HB 1228: provide for the crime of aggravated rape and provide a penalty therefor.
Presented by: Representative Latterell
Proponents: Brent King, self, San Diego, CA
Krista Heeren Graber, self, Sioux Falls
Opponents: Lindsey Riter-Rapp, SD Association of Criminal Defense Lawyers
MOTION: AMEND HB 1228
1228aa
On page 1, line 8, of the printed bill, delete "seventeen" and insert "eighteen".
Moved by: Peterson (Kent)
Second by: Kaiser
Action: Prevailed by voice vote.
MOTION: DO PASS HB 1228
Moved by: Kaiser
Second by: Barthel
Action: Was not acted on.
MOTION: SUBSTITUTE MOTION DEFER HB 1228 TO THE 41
ST LEGISLATIVE DAY
Moved by: Turbiville
Second by: Johns
Action: Prevailed by roll call vote. (8-5-0-0)
Voting Yes: Diedrich, Lust, Reed, Rozum, Turbiville, Wismer, Johns, Stevens
Voting No: Barthel, Bordeaux, Jensen (Kevin), Kaiser, Peterson (Kent)
HB 1204: revise certain provisions regarding power of attorney.
Presented by: Representative Lust
Proponents: Marc Feinstein, self, Sioux Falls
Tom Simmons, self, Vermillion
Erik Nelson, AARP South Dakota
Opponents: Brett Koenecke, South Dakota Bankers Association
Representative Latterell (Handout(s): #1)
Patrick Weber, Governor's Office
Bruce Danielson, self, Sioux Falls (Handout(s): #2)
MOTION: AMEND HB 1204
1204wa
On page 9 of the printed bill, delete lines 2 to 4, inclusive, and insert "Unless the power of
attorney otherwise provides, an agent who is an individual is entitled to reimbursement of expenses
reasonably incurred on behalf of the principal, but not to compensation. If a power of attorney provides
for compensation or if the agent is a bank or trust company authorized to administer trusts in South
Dakota, the compensation shall be reasonable under the circumstances.".
On page 31, delete lines 4 to 7, inclusive, and insert:
"
(i) The principal's minor children;
(ii) The principal's adult children who are pursuing a postsecondary school education
and are under the age of twenty-five;
(iii) The principal's parents or the parents of the principal's spouse, if the principal had
established a pattern of such payments; and
(iv) Any other individual legally entitled to be supported by the principal;".
Moved by: Diedrich
Second by: Barthel
Action: Prevailed by voice vote.
MOTION: DEFER HB 1204 TO THE 41
ST LEGISLATIVE DAY
Moved by: Jensen (Kevin)
Second by: Rozum
Action: Was not acted on.
MOTION: SUBSTITUTE MOTION DO PASS HB 1204 AS AMENDED
Moved by: Johns
Second by: Wismer
Action: Prevailed by roll call vote. (8-5-0-0)
Voting Yes: Barthel, Diedrich, Bordeaux, Lust, Peterson (Kent), Turbiville, Wismer, Johns
Voting No: Jensen (Kevin), Kaiser, Reed, Rozum, Stevens
HB 1292: revise the process by which courts consider appeals of decisions regarding
conditional use requests.
Presented by: Representative Kettwig (Handout(s): #3)
Proponents: Roger Tellinghuisen, South Dakota Association of County Commissioners
Mark Vargo, Pennington County State's Attorney, self
Brett Koenecke, Avangrid Renewables, LLC
Drew Duncan, Apex Clear Energy
MOTION: DO PASS HB 1292
Moved by: Peterson (Kent)
Second by: Lust
Action: Prevailed by roll call vote. (13-0-0-0)
Voting Yes: Barthel, Diedrich, Bordeaux, Jensen (Kevin), Kaiser, Lust, Peterson (Kent), Reed,
Rozum, Turbiville, Wismer, Johns, Stevens
MOTION: PLACE HB 1292 ON CONSENT CALENDAR
Moved by: Bordeaux
Second by: Peterson (Kent)
Action: Prevailed by voice vote.
HB 1293: increase the penalty for certain assaults committed against firefighters or emergency
medical technicians while engaged in the performance of their duties.
Presented by: Representative Smith
Proponents: Cully Williams, self, Frankfort
Maynard Konechne, South Dakota Emergency Medical Services Assn.
Steve Willard, South Dakota Joint Fire Council
Megan Myers, American Heart Association
MOTION: AMEND HB 1293
1293ja
On page 1, line 7, of the printed bill, delete "emergency medical technician" and insert
"ambulance service personnel".
On page 1, line 12, delete "emergency medical technician" and insert "ambulance service
personnel".
Moved by: Peterson (Kent)
Second by: Kaiser
Action: Prevailed by voice vote.
MOTION: DO PASS HB 1293 AS AMENDED
Moved by: Jensen (Kevin)
Second by: Kaiser
Action: Prevailed by roll call vote. (13-0-0-0)
Voting Yes: Barthel, Diedrich, Bordeaux, Jensen (Kevin), Kaiser, Lust, Peterson (Kent), Reed,
Rozum, Turbiville, Wismer, Johns, Stevens
MOTION: AMEND TITLE OF HB 1293
1293jta
On page 1, line 2, of the printed bill, delete "emergency medical technicians" and insert
"ambulance service personnel".
Moved by: Turbiville
Second by: Peterson (Kent)
Action: Prevailed by voice vote.
HB 1209: require a National Instant Criminal Background Check for applicants of certain
concealed carry permits.
Presented by: Representative Peterson (Sue)
Proponents: Staci Ackerman, South Dakota Sheriff's Association
Senator Langer
MOTION: DO PASS HB 1209
Moved by: Barthel
Second by: Kaiser
Action: Prevailed by roll call vote. (12-0-1-0)
Voting Yes: Barthel, Diedrich, Bordeaux, Jensen (Kevin), Kaiser, Lust, Peterson (Kent), Reed,
Rozum, Turbiville, Johns, Stevens
Excused: Wismer
MOTION: PLACE HB 1209 ON CONSENT CALENDAR
Moved by: Kaiser
Second by: Jensen (Kevin)
Action: Prevailed by voice vote.
HB 1189: revise certain provisions and penalties regarding inducements for school attendance
and overreporting of school enrollment.
Presented by: Representative Peterson (Sue)
Opponents: Wade Pogany, Associated School Boards of South Dakota
Robert Monson, School Administrators of South Dakota
Mitch Richter, South Dakota United School Association
Lorri Bohm, self, Crooks
MOTION: DEFER HB 1189 TO THE 41ST LEGISLATIVE DAY
Moved by: Turbiville
Second by: Rozum
Action: Prevailed by roll call vote. (10-3-0-0)
Voting Yes: Barthel, Diedrich, Bordeaux, Lust, Reed, Rozum, Turbiville, Wismer, Johns, Stevens
Voting No: Jensen (Kevin), Kaiser, Peterson (Kent)
HB 1260: provide certain provisions regarding cooperation with federal agencies by localities
in the state.
Presented by: Representative Jensen (Kevin) (Handout(s): #4)
Opponents: Taneeza Islam, SD Voices for Concerned Justice (Handout(s): #5, #6)
Traci Smith, self, Sioux Falls
Sister Welbig, Presentation Sisters
Yvonne Taylor, SD Municipal League
MOTION: DEFER HB 1260 TO THE 41ST LEGISLATIVE DAY
Moved by: Turbiville
Second by: Bordeaux
Action: Prevailed by roll call vote. (11-2-0-0)
Voting Yes: Barthel, Diedrich, Bordeaux, Lust, Peterson (Kent), Reed, Rozum, Turbiville, Wismer,
Johns, Stevens
Voting No: Jensen (Kevin), Kaiser
MOTION: ADJOURN
Moved by: Diedrich
Second by: Bordeaux
Action: Prevailed by voice vote.
Liz Markley
____________________________
Committee Secretary
Mike Stevens, Chair
../02141000.HJU
Page 1