72nd Legislative Session -- 1997

Committee: House Judiciary

Friday, January 31, 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 29, 1997

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

MOTION:      AMEND MINUTES
        Change Chuck Schroyer to Chuck Schamens on the Minutes of Jan 24, 1997.

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

Report of Subcommittee RE: HB 168 was distributed. HB 1068 will be discussed Monday, February 3, 1997.

          HB 1083:   to revise certain provisions relating to workers' compensation managed care insurance.

Proponents:      Representative Broderick
Opponents:      None
Presented by:      Representative Broderick

MOTION:      DEFER HB 1083 UNTIL THE 41ST LEGISLATIVE DAY

Moved by:      Representative Moore
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 1090:   to exclude uninsured and underinsured motorist coverage from excess or umbrella insurance policies.

Proponents:      Representative Jorgensen
          Dick Tieszen State Farm Insurance
          Mike Shaw, National Association of Independent Insurers
          Darly Lyon, Department of Commerce, Insurance Division
Opponents:      Tom Frieberg, South Dakota Trial Lawyer's Association
Presented by:      Representative Jorgensen

MOTION:      DEFER HB 1090 UNTIL February 3, 1997

Moved by:      Representative Collier
Second by:      Representative Gleason
Action:      Was not acted on.

MOTION:      SUBSTITUTE MOTION TO DO PASS HB 1090

Moved by:      Representative Matthews
Second by:      Representative Duniphan
Action:      Was not acted on.

MOTION:      SUBSTITUTE MOTION TO AMEND HB 1090

r-1090
     On page 1 , line 8 , after " § 58-11-9.4 " insert " , if the excess or umbrella coverage is first offered to and rejected by the insured " .

     On page 2 , line 3 , delete " exclusion is requested " and insert " excess or umbrella coverage is first offered to and rejected " .


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

MOTION:      DO PASS HB 1090 AS AMENDED

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

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

Voting no:      Matthews

MOTION:      TO AMEND TITLE OF HB 1090

r-1090t
     On page 1 , line 1 , delete " exclude " and insert " revise certain provisions concerning " .


Moved by:      Representative de Hueck
Second by:      Representative Hagg
Action:      Was not acted on.

          HB 1096:   to reduce the term of office and revise the qualifications of notaries public.

Proponents:      Representative DeMesserman
          Tom Leckey, Secretary of State's Office
Opponents:      None
Presented by:      Tom Leckey, Secretary of State's Office

MOTION:      AMEND HB 1096

r-1096a
     On page 1 , line 7 , delete " shall be a registered voter and " .


Moved by:      Representative Collier
Second by:      Representative Volesky

Action:      Prevailed by roll call vote.   (10-3-0-0)

Voting yes:      Hunt, Hagg, Brosz, de Hueck, Fitzgerald, Rost, Collier, Gleason, Moore, Volesky

Voting no:      Brown (Jarvis), Duniphan, Matthews

MOTION:      AMEND HB 1096

r-1096c
     On page 1 , line 6 , delete " four " and insert " six " .


Moved by:      Representative Moore
Second by:      Representative Brown (Jarvis)
Action:      Prevailed by voice vote.

MOTION:      DO PASS HB 1096 AS AMENDED

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, Matthews, Rost, Collier, Gleason, Moore, Volesky

Voting no:      Fitzgerald

          HB 1099:   to revise certain provisions relating to liens.

Proponents:      Tom Adam, South Dakota Banker's Association
Opponents:      None
Presented by:      Rep. De Hueck

MOTION:      DO PASS HB 1099

Moved by:      Representative Collier
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

          SB 47:   to revise the processing of certain genetic marker specimens.

Proponents:      Mark Barnett, Attorney General's Office

          Charlie McGuigan Attorney General's Office
Opponents:      None
Presented by:      Mark Barnett, Attorney General's Office

MOTION:      AMEND SB 47

r-47c
     On page 2 , line 1 , delete " If all charges " .

     On page 2 , delete lines 2 to 4 , inclusive .


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

MOTION:      DO PASS SB 47 AS AMENDED

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 47 ON CONSENT

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

          SB 93:   to grant full faith and credit to certain out-of-state and tribal protection orders.

Proponents:      Mike Buenger, United Judicial System
Opponents:      None
Presented by:      Mike Buenger, United Judicial System

MOTION:      DO PASS SB 93

Moved by:      Representative Duniphan
Second by:      Representative Moore
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 93 ON CONSENT

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

          SB 94:   to revise the procedure to fix a new time period for execution of a death sentence if the time period established by the original warrant of execution has passed.

Proponents:      Mike Buenger, United Judicial System
Opponents:      Ken Meyer, South Dakota Peace and Justice Center
Presented by:      Mike Buenger, United Judicial System

MOTION:      DO PASS SB 94

Moved by:      Representative Duniphan
Second by:      None
Action:      Died for a lack of a second

MOTION:      DEFER SB 94 UNTIL THE 41ST LEGISLATIVE DAY

Moved by:      Representative Matthews
Second by:      Representative de Hueck
Action:      Prevailed by roll call vote.   (11-2-0-0)

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

Voting no:      Hunt, Duniphan

MOTION:      ADJOURN

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



Brooke Pike

_________________________________

Committee Secretary
Roger W. Hunt, Chair


Brooke Pike

_________________________________

Committee Secretary
Roger W. Hunt, Chair

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