81st Legislative Session _ 2006

Committee: Senate Judiciary
Wednesday, February 15, 2006

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Gray
P    Knudson
P    Koetzle
P    Koskan
P    Moore
P    Schoenbeck, Vice-Chair
P    Abdallah, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Senator Gene G. Abdallah, Chair

MOTION:     TO APPROVE THE MINUTES OF MONDAY, FEBRUARY 13, 2006

Moved by:    Koetzle
Second by:    Knudson
Action:    Prevailed by voice vote.

         HB 1153: revise the definition of a prohibited sexual act.

Presented by:    Senator Jason Gant
Proponents:    Hope Matchan, Minnehaha County State's Attorney Office

MOTION:     DO PASS HB 1153

Moved by:    Schoenbeck
Second by:    Gray
Action:    Prevailed by roll call vote.(5-0-2-0)

Voting Yes:    Gray, Knudson, Koetzle, Schoenbeck, Abdallah



Excused:    Koskan, Moore

MOTION:     REMOVE HB 1218 FROM THE TABLE

Moved by:    Schoenbeck
Second by:    Knudson
Action:    Prevailed by voice vote.

         HB 1218: establish a task force to study education for divorcing parents and visitation and custody matters.

Presented by:    Senator Lee Schoenbeck

MOTION:     AMEND HB 1218

1218fd
     On page 1 of the House engrossed bill, delete lines 4 to 14 , inclusive, and insert "

    Section 1. There is established the Task Force to Study Education for Divorcing Parents and Visitation and Custody Matters. The task force shall consist of seventeen members. Five members shall be appointed by the speaker of the House of Representatives, five members shall be appointed by the president pro tempore of the Senate, four members shall be appointed by the Governor, and three members shall be appointed by the Chief Justice. Not all members appointed by each appointive power may belong to the same political party. The initial appointments shall be made no later than sixty days after the effective date of this Act. If there is a vacancy on the task force, the vacancy shall be filled in the same manner as the original appointment. The majority of the appointments shall include legislators. The appointments shall also include a member who is a behavioral health care expert, divorced parent, divorce mediator, attorney, a member of the South Dakota Council of Mental Health Centers, and a representative of the Department of Social Services. ".


Moved by:    Schoenbeck
Second by:    Gray
Action:    Prevailed by voice vote.

MOTION:     DO PASS HB 1218 AS AMENDED

Moved by:    Gray
Second by:    Knudson
Action:    Prevailed by roll call vote.(5-0-2-0)



Voting Yes:    Gray, Knudson, Koetzle, Schoenbeck, Abdallah

Excused:    Koskan, Moore

         HB 1199: prohibit the release of information concerning the applicants and holders of permits to carry a concealed pistol.

Presented by:    Representative Margaret Gillespie (Handout #1)
Proponents:    David Conway, SD Shooting Sports Assn. (Handout #2)
        Dick Tieszen, SD Sheriffs/SD Chiefs of Police
        Darin Goens, National Rifle Assn.
Opponents:    Dick Gregerson, SD Newspaper Ass'n

MOTION:     AMEND HB 1199

1199fc
     On page 1, line 9 of the House State Affairs Committee engrossed bill, after " state. " insert "However, any person may request verification from the secretary of state on whether a certain individual holds a permit to carry a concealed pistol. The request shall be submitted to the secretary of state in writing and shall identify the individual's name and address. No more than one name may be submitted on any request. In addition, the person making the request shall pay a processing fee of ten dollars to the secretary of state. The secretary of state shall deposit the amount of money collected pursuant to this section in the general fund.".

Moved by:    Knudson
Action:    Died for a lack of a second

MOTION:     AMEND HB 1199

1199rb
     On page 1 , line 7 of the House State Affairs Committee engrossed bill, delete " or any other person, " .

     On page 1, after line 9, insert:

"      Section 2. That § 23-7-8.6 be amended to read as follows:

     23-7-8.6.   No state agency, political subdivision, official, agent, or employee of any state agency or political subdivision , or any other person may knowingly keep or cause to be kept any list, record, or registry of privately owned firearms or any list, record, or registry of the owners of those firearms, or any list, record, or registry of holders of permits to carry a concealed pistol. ".



Moved by:    Schoenbeck
Second by:    Koskan
Action:    Was not acted on.

The Chair deferred HB 1199 until later in the meeting.
    
The gavel was passed to Senator Lee Schoenbeck, Vice-Chair

         HB 1163: revise certain provisions regarding court suspensions and revocations of driver licenses.

Presented by:    Representative Sean O'Brien
Opponents:    Neil Fulton, Governor's Office

MOTION:     AMEND HB 1163

1163rb
     On page 1, line 8 of the printed bill, delete " one hundred eighty thirty " and insert "one hundred eighty".

     On page 1 , delete lines 9 to 13 , inclusive.

     On page 1 , line 14, after "Upon a" delete " second third " and insert "second".

     On page 1 , line 14, after " or a " delete " second third " and insert "second".

     On page 2 , line 2, delete " , if such third or subsequent conviction or " .

     On page 2 , line 3, delete " adjudication occurred within four years of the previous conviction or adjudication, " .

Moved by:    Gray
Second by:    Knudson
Action:    Prevailed by voice vote.

MOTION:     AMEND HB 1163

1163ra
     On page 6 of the printed bill, delete lines 12 to 17 , inclusive.

Moved by:    Gray
Second by:    Knudson
Action:    Prevailed by voice vote.

MOTION:     DO PASS HB 1163 AS AMENDED

Moved by:    Knudson
Second by:    Gray
Action:    Prevailed by roll call vote.(7-0-0-0)

Voting Yes:    Gray, Knudson, Koetzle, Koskan, Moore, Schoenbeck, Abdallah
    
The gavel was returned to Senator Gene G. Abdallah, Chair

         HB 1199: prohibit the release of information concerning the applicants and holders of permits to carry a concealed pistol.

Presented by:    Chris Nelson, Secretary of State

ORIGINAL MOTION:     AMEND HB 1199

1199rb
     On page 1 , line 7 of the House State Affairs Committee engrossed bill, delete " or any other person, " .

     On page 1, after line 9, insert:

"      Section 2. That § 23-7-8.6 be amended to read as follows:

     23-7-8.6.   No state agency, political subdivision, official, agent, or employee of any state agency or political subdivision , or any other person may knowingly keep or cause to be kept any list, record, or registry of privately owned firearms or any list, record, or registry of the owners of those firearms, or any list, record, or registry of holders of permits to carry a concealed pistol. ".


Moved by:    Schoenbeck
Second by:    Koskan
Action:    Prevailed by voice vote.

MOTION:     DO PASS HB 1199 AS AMENDED



Moved by:    Schoenbeck
Second by:    Koskan
Action:    Prevailed by roll call vote.(5-2-0-0)

Voting Yes:    Gray, Koskan, Moore, Schoenbeck, Abdallah

Voting No:    Knudson, Koetzle

MOTION:     ADJOURN

Moved by:    Schoenbeck
Second by:    Knudson
Action:    Prevailed by voice vote.

Rena Ortbahn

____________________________

Committee Secretary
Gene G. Abdallah, Chair


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