72nd Legislative Session -- 1997

Committee: House Judiciary

Friday, January 24, 1997

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P      Hunt, Chair
P      Hagg, Vice-Chair
P      Brosz
P      Brown (Jarvis)
P      de Hueck
P      Duniphan
P      Fitzgerald
P      Matthews
P      Rost
P      Collier
P      Gleason
P      Moore
P      Volesky


OTHERS PRESENT: See Original Minutes

The meeting was called to order by Chairman Hunt


MOTION:      TO APPROVE THE MINUTES OF January 22, 1997

Moved by:      Representative Duniphan
Second by:      Representative Hagg
Action:      Prevailed by voice vote.

          HB 1061:   to establish the crime of enticing a child and to provide a penalty therefor.

Proponents:      Chuck Schroyer, South Dakota State's Attorneys Office
          Mark Barnett, Attrny General's Office
          Charlie McGuigan, Attorney General's Office
Opponents:      None
Presented by:      Representative Brosz


MOTION:      AMEND HB 1061

r-1061
     On page 1 , line 5 , delete " , except in the case of a child by a parent thereof, for any improper " and insert " for any illegal " .


Moved by:      Representative Matthews
Second by:      Representative Collier
Action:      Prevailed by voice vote.

MOTION:      DO PASS HB 1061 AS AMENDED

Moved by:      Representative Matthews
Second by:      Representative Duniphan
Action:      Prevailed by roll call vote.   (13-0-0-0)

Voting yes:      Hunt, Hagg, Brosz, Brown (Jarvis), de Hueck, Duniphan, Fitzgerald, Matthews, Rost, Collier, Gleason, Moore, Volesky

          HB 1062:   to allow more time for a mental illness hearing.

Proponents:      Chuck Schroyer, South Dakota State's Attorney's Office
Opponents:      None
Presented by:      Representative Moore

MOTION:      AMEND HB 1062

r-1062
     On page 3 , delete line 4 and insert " transferred to a more restrictive treatment facility without , prior to the transfer, a hearing , prior to such transfer, " .


Moved by:      Representative Collier
Second by:      Representative Hagg
Action:      Prevailed by voice vote.

MOTION:      DO PASS HB 1062 AS AMENDED

Moved by:      Representative Gleason
Second by:      Representative Matthews
Action:      Prevailed by roll call vote.   (13-0-0-0)

Voting yes:      Hunt, Hagg, Brosz, Brown (Jarvis), de Hueck, Duniphan, Fitzgerald, Matthews, Rost, Collier, Gleason, Moore, Volesky



The gavel was passed to Representative Hagg.

          HB 1064:   to permit a judge or clerk of courts to fix a time and place for hearing on certain probate and trust matters.

Proponents:      Tom Barnett, State Bar Association
Opponents:      None
Presented by:      Representative Hunt

MOTION:      DO PASS HB 1064

Moved by:      Representative Duniphan
Second by:      Representative de Hueck
Action:      Prevailed by roll call vote.   (13-0-0-0)

Voting yes:      Hunt, Hagg, Brosz, Brown (Jarvis), de Hueck, Duniphan, Fitzgerald, Matthews, Rost, Collier, Gleason, Moore, Volesky

MOTION:      PLACE HB 1064 ON CONSENT

Moved by:      Representative Duniphan
Second by:      Representative Matthews
Action:      Prevailed by voice vote.

The gavel was passed back to Representative Hunt.

          SB 1:   to codify the legislation passed in 1996.

Proponents:      Tom Vickerman, Code Commission
Opponents:      None
Presented by:      Tom Vickerman, Code Commission

MOTION:      DO PASS SB 1

Moved by:      Representative Brown (Jarvis)
Second by:      Representative Duniphan
Action:      Prevailed by roll call vote.   (13-0-0-0)

Voting yes:      Hunt, Hagg, Brosz, Brown (Jarvis), de Hueck, Duniphan, Fitzgerald, Matthews, Rost, Collier, Gleason, Moore, Volesky

MOTION:      PLACE SB 1 ON CONSENT

Moved by:      Representative Duniphan
Second by:      Representative Volesky
Action:      Prevailed by voice vote.

          SB 2:   to classify certain crimes.

Proponents:      Tom Vickerman, Code Commission
Opponents:      None
Presented by:      Tom Vickerman, Code Commission

MOTION:      DO PASS SB 2

Moved by:      Representative Hagg
Second by:      Representative Gleason
Action:      Prevailed by roll call vote.   (13-0-0-0)

Voting yes:      Hunt, Hagg, Brosz, Brown (Jarvis), de Hueck, Duniphan, Fitzgerald, Matthews, Rost, Collier, Gleason, Moore, Volesky

MOTION:      PLACE SB 2 ON CONSENT

Moved by:      Representative Gleason
Second by:      Representative Hagg
Action:      Prevailed by voice vote.

          SB 4:   to correct an omission in 1996 Senate Bill 225.

Proponents:      Tom Vickerman, Code Commission
Opponents:      None
Presented by:      Tom Vickerman, Code Commission

MOTION:      DO PASS SB 4

Moved by:      Representative Hagg
Second by:      Representative Duniphan
Action:      Prevailed by roll call vote.   (12-1-0-0)

Voting yes:      Hunt, Hagg, Brosz, Brown (Jarvis), de Hueck, Duniphan, Fitzgerald, Matthews, Rost, Gleason, Moore, Volesky

Voting no:      Collier

          HB 1050:   to eliminate participation in the subsequent injury fund by self-insured employers and to revise certain other provisions regarding self-insured employers.

Proponents:      Darla Lyon, Division of Insurance
Opponents:      Jeremiah Murphy, Presentation Health Systems and John Morrell, Sioux Falls
          Larry Man, Homestake Mining Company, Lead
          Ray Trankle, Industry and Commerce Association, Sioux Falls
          Dan Nelson, Sioux Falls Chamber of Commerce, Sioux Falls
Presented by:      Darla Lyon, Division of Insurance


MOTION:
     DEFER HB 1050 UNTIL THE 41ST LEGISLATIVE DAY

Moved by:      Representative Duniphan
Second by:      Representative Matthews
Action:      Prevailed by roll call vote.   (12-1-0-0)

Voting yes:      Hunt, Hagg, Brosz, Brown (Jarvis), de Hueck, Duniphan, Fitzgerald, Matthews, Rost, Collier, Gleason, Volesky

Voting no:      Moore

MOTION:      ADJOURN

Moved by:      Representative Duniphan
Second by:      Representative Collier
Action:      Prevailed by voice vote.



Brooke Pike

_________________________________

Committee Secretary
Roger W. Hunt, Chair


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