94^th Legislative Session _ 2019

Committee: House Judiciary

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Barthel
P    Borglum
P    Diedrich
P    Hammock
P    Latterell
P    Pischke
P    Rasmussen
P    Reimer
P    St John
P    Cwach
P    Pourier
P    Johns, Vice-Chair
P    Hansen, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Representative Hansen.

MOTION:    TO APPROVE THE MINUTES OF JANUARY 30, 2019

Moved by:    Diedrich
Second by:    Hammock
Action:    Prevailed by voice vote.

    HB 1061: provide for a court order to test for HIV at the request of victims of certain crimes.

Presented by:    Representative Tim Reed
Proponents:    Charles McGuigan, Office of the Attorney General
        Dianna Miller, South Dakota Network Against Family Violence
        Lori Martinec, South Dakota Police Chiefs Association

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Opponents:    Justin Bell, South Dakota Association of Criminal Defense Lawyers

MOTION:    AMEND HB 1061

1061wa

    On page 1, line 5, of the printed bill, delete "any other person authorized to act on a victim's behalf" and insert "victim or witness assistant".

    On page 2, line 11, delete "the person authorized to act" and insert "victim or witness assistant".

    On page 2, line 12, delete everything before "," .

Moved by:    Johns
Second by:    Barthel
Action:    Prevailed by voice vote.

MOTION:    DO PASS HB 1061 AS AMENDED

Moved by:    Barthel
Second by:    Hammock
Action:    Prevailed by roll call vote. (13-0-0-0)

Voting Yes:    Barthel, Borglum, Diedrich, Hammock, Latterell, Pischke, Rasmussen, Reimer, St John, Cwach, Pourier, Johns, Hansen

    HB 1063: revise provisions regarding engaging in sexual activity for a fee or other compensation.

Presented by:    Representative Tim Reed
Proponents:    Senator Lynne DiSanto
        Dianna Miller, South Dakota Network Against Family Violence
        Lori Martinec, South Dakota Police Chiefs Association
        Kelly Patterson, self

MOTION:    AMEND HB 1063

1063wa

    On page 2, line 4, of the printed bill, delete "or offers" and insert "prostitution by offering".

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    On page 2, line 7, remove the overstrikes from "prostitution".

    On page 2, line 8, after "Prostitution is" insert ",".

Moved by:    Barthel
Second by:    Pischke
Action:    Prevailed by voice vote.

MOTION:    DO PASS HB 1063 AS AMENDED

Moved by:    Diedrich
Second by:    Borglum
Action:    Prevailed by roll call vote. (13-0-0-0)

Voting Yes:    Barthel, Borglum, Diedrich, Hammock, Latterell, Pischke, Rasmussen, Reimer, St John, Cwach, Pourier, Johns, Hansen

Chair, Representative Hansen passed the gavel to the Vice Chair, Representative Johns for the purpose of presenting HB1074.

    HB 1074: provide a privilege for journalists and newscasters regarding refusal to disclose information.

Presented by:    Representative Jon Hansen
Proponents:    David Bordewyk, South Dakota Newspaper Association
        Justin G. Smith, South Dakota Newspaper Association
        Steve Willard, South Dakota Broadcasters Association
        Tom Hart, Office of the Governor

Vice Chair, Representative Johns passed the gavel to Chair, Representative Hansen after all testimony and questions from the committee were completed.

MOTION:    AMEND HB 1074

1074wb

    On page 1, line 9, of the printed bill, delete "principle" and insert "principal".

    On page 2, line 7, delete "commercial organization that collects and" and insert "organization that".

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    On page 2, line 9, delete everything after ""Newscaster,"" and insert "any person who, for pay, is engaged in gathering, preparing, collecting, writing, editing, filming, taping, or broadcasting news on a radio or television station licensed by the Federal Communications Commission. The term includes any student enrolled at an accredited university, college, or technical school in this state who meets the requirements of this subdivision;".

        

    On page 2, delete lines 10 to 12, inclusive.

    On page 3, line 4, delete "new-gathering" and insert "news-gathering".

Moved by:    Pischke
Second by:    Diedrich
Action:    Prevailed by voice vote.

MOTION:    DO PASS HB 1074 AS AMENDED

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

Voting Yes:    Barthel, Borglum, Diedrich, Hammock, Pischke, Rasmussen, Reimer, St John, Cwach, Pourier, Johns, Hansen

Excused:    Latterell

Chair, Representative Hansen, passed the gavel to Vice Chair Johns for the purpose of presenting SB51.

    SB 51: revise certain provisions regarding trusts.

Presented by:    Representative Jon Hansen
Proponents:    Carl Schmidtman, South Dakota Trust Task Force
        Bret Afdahl, Department of Labor and Regulation
        Terra Fisher, South Dakota Trust Association

Vice Chair Johns passed the gavel to Chair Representative Hansen after all testimony and questions were completed.

MOTION:    DO PASS SB 51

Moved by:    Diedrich

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Second by:    Reimer
Action:    Prevailed by roll call vote. (13-0-0-0)

Voting Yes:    Barthel, Borglum, Diedrich, Hammock, Latterell, Pischke, Rasmussen, Reimer, St John, Cwach, Pourier, Johns, Hansen

MOTION:    PLACE SB 51 ON CONSENT CALENDAR

Moved by:    Borglum
Second by:    Johns
Action:    Prevailed by voice vote.

        THE CHAIR DEFERRED HB 1106 UNTIL MONDAY, FEBRUARY 11, 2019

MOTION:    ADJOURN

Moved by:    Borglum
Second by:    Pischke
Action:    Prevailed by voice vote.

Cheri Bartlett

Committee Secretary

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