80th Legislative Session _ 2005

Committee: House Judiciary
Wednesday, February 02, 2005

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
E    Gillespie
P    Haley
P    Hennies
P    Jensen
P    Michels
P    Murschel
P    O'Brien
P    Roberts
P    Sebert
P    Tornow
P    Van Norman
P    Hunt, Vice-Chair
P    Cutler, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Chair Cutler

MOTION:     TO APPROVE THE MINUTES OF JANUARY 31, 2005

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

         HB 1155: define liquefied petroleum gas equipment and appliances for purposes of product liability.

Presented by:    Representative Joni Cutler
Proponents:    Dawna Leitzke, South Dakota Petroleum Marketers Assn.
        Brenda Forman, SD Assn. Of Cooperatives


        Roger Tellinghuisen, SD Trial Lawyers Association

MOTION:     DO PASS HB 1155

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

Voting Yes:    Haley, Hennies, Jensen, Michels, Murschel, O'Brien, Roberts, Sebert, Tornow, Van Norman, Hunt, Cutler

Excused:    Gillespie

MOTION:     PLACE HB 1155 ON CONSENT CALENDAR

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

         HB 1157: provide for recovery of motor fuel theft.

Presented by:    Representative Matthew Michels
Proponents:    Dawna Leitzke, South Dakota Petroleum Marketers Assn.
        Dick Tieszen, SD Sheriffs
        Brenda Forman, SD Assn. Of Cooperatives
        Shawn Lyons, SD Retailers Association
        Dana Svendsen, DPS

MOTION:     AMEND HB 1157

1157ra
     On page 2, line 2 of the printed bill, after " may " insert ", within thirty days of the occurrence,".

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

MOTION:     AMEND HB 1157

1157fb
     On page 1, line 14 of the printed bill, after " retailer. " insert:

"The written request for the vehicle owner information may only be submitted by the registered owner or corporate officer of the motor fuel business. The owner or corporate officer shall enclose a self-addressed and stamped envelope with the written request. The format for the request shall be prescribed by the Department of Public Safety and include the following information:

             (1)    The name and signature of the employee witnessing the theft;
             (2)    The name and signature of the owner or corporate officer;
             (3)    The address and telephone number of the owner or corporate officer;
             (4)    License plate number of the motor vehicle; and
             (5)    Reference to the applicable provisions of this Act.

     The law enforcement officer shall respond, in writing, to the owner or corporate officer of the motor fuel business.".

     On page 2 , line 3, after " shall " insert "be prescribed by the Department of Public Safety and".

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

MOTION:     AMEND HB 1157

1157rb
     On page 3, after line 1 of the printed bill, insert:

"
     Section 5. If a motor fuel retailer receives payment or a court award pursuant to this Act, the motor fuel retailer may not initiate or pursue a criminal action against the motor vehicle owner because of that loss.".


Moved by:    Hennies
Second by:    Tornow
Action:    Prevailed by voice vote.

MOTION:     AMEND HB 1157

1157rc
     On page 1, line 6 of the printed bill, after " fuel. " insert "However, if the motor vehicle owner can establish that he or she did not receive the motor fuel which was not paid for, the provisions of this Act do not apply.".

Moved by:    Tornow
Second by:    O'Brien
Action:    Failed by voice vote.

MOTION:     AMEND HB 1157

1157rd
     On page 2 of the printed bill, delete lines 23 and 24 , and insert "expenses.".

     On page 3 , delete line 1 .

Moved by:    Murschel
Second by:    Van Norman
Action:    Prevailed by voice vote.

MOTION:     DO PASS HB 1157 AS AMENDED

Moved by:    Michels
Second by:    Sebert
Action:    Prevailed by roll call vote.(11-1-1-0)

Voting Yes:    Haley, Hennies, Jensen, Michels, Murschel, O'Brien, Roberts, Sebert, Tornow, Hunt, Cutler

Voting No:    Van Norman

Excused:    Gillespie

         SB 84: revise the definition of victims who may address the court before sentencing is imposed.

Presented by:    Representative Elaine Roberts
Proponents:    Dianna Miller, SD Network
        Senator Bob Gray

The Chair deferred SB 84 until Friday, February 4, 2005.

         HB 1174: prohibit the endangerment of any child by means of reckless driving or driving under the influence and to provide penalties therefor.



Presented by:    Representative Ryan Olson
Proponents:    Roger Tellinghuisen, SD Trial Lawyers Association
        Lila Doud, self, Rapid City, SD
        Chuck Schroyer, SD States Attorneys Assn.

MOTION:     AMEND HB 1174

1174rb
     On page 1, line 7 of the printed bill, delete " , by so doing, the driver's conduct endangers the life of " .

     On page 1 , line 8, after " thirteen " insert "is".

     On page 1 , line 13, delete " , by so doing, the driver's conduct endangers the life of " .

     On page 1 , line 14, after " thirteen " insert "is".

     On page 2 , line 4, delete " , by so doing, the driver's conduct endangers the life of " .

     On page 2 , line 5, after " thirteen " insert "is".

Moved by:    O'Brien
Second by:    Roberts
Action:    Prevailed by voice vote.

MOTION:     DO PASS HB 1174 AS AMENDED

Moved by:    Michels
Second by:    Hennies
Action:    Prevailed by roll call vote.(10-2-1-0)

Voting Yes:    Haley, Hennies, Jensen, Michels, Murschel, O'Brien, Roberts, Tornow, Van Norman, Cutler

Voting No:    Sebert, Hunt

Excused:    Gillespie

         HB 1120: revise the conditions for determining when an eminent domain judgement greatly exceeds the plaintiff's offer.



Presented by:    Representative Alan Hanks
Opponents:    Dave Gerdes, SD Electric Utility Companies
        Bill Nevin, Department of Transportation
        Dennis Davis, SD Assn of Rural Water Systems
        James Keyes, Associated General Contractors of SD
        Michael Demersseman, Black Hills Corporation

The Chair deferred HB 1120 until February 4, 2005 .

         HB 1178: provide a means to correct errors or omissions made to recorded plats.

Presented by:    Representative Tim Rounds
Proponents:    Diane Erdahl, self, Mobridge, SD
        Wallace Larsen, self, Pierre, SD

The Chair deferred HB 1178 until February 5, 2005.

MOTION:     TO INTRODUCE THE FOLLOWING BILLS ON BEHALF OF GOVERNOR ROUNDS:

An Act to revise the definition of abused or neglected children.

An Act to amend the composition of the Board of Pardons and Paroles.

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

MOTION:     ADJOURN

Moved by:    Hunt
Second by:    Roberts
Action:    Prevailed by voice vote.

Diane Mellan

____________________________

Committee Secretary
Joni M. Cutler, Chair


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