House Judiciary Minutes 02/03/1997 7:45 AM

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 31, 1997

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

          HB 1112: to repeal certain appeal process provisions regarding the denial, cancellation, suspension, and revocation of a driver license.

Proponents:      Pam Kusler, Department of Commerce
          Rich Engles, Department of Commerce
Opponents:      None
Presented by:      Representative Moore

MOTION:      AMEND HB 1112

On page 2 , after line 6 , insert:

" Section 3. That § 32-23-11.1 be amended to read as follows:

32-23-11.1. A person's license to drive is not subject to revocation as provided in § 32-23-11 or 32-23-18 if that person pleads guilty to violating § 32-23-1, or if the charge of violating § 32-23-1 is dismissed by the state prior to the departmental hearing and the person is not convicted of a violation of § 32-24-1 or 32-24-8, or, if a hearing is not requested, prior to a revocation order being issued , or, if, in the case of a juvenile sixteen years or older, the juvenile admits to a delinquency petition for violating § 32-23-1, or if the delinquency petition for violating § 32-23-1 is dismissed by the state prior to the departmental hearing and the juvenile is not convicted of a violation of § 32-24-1 or 32-24-8 .

Section 4. That § 32-23-18 be amended to read as follows:

32-23-18. The Department of Commerce and Regulation shall revoke the license of any person arrested for violating § 32-23-1 ~~, or of any juvenile offender, taken into temporary custody,~~ who refuses to submit to a chemical analysis as directed by a law enforcement officer pursuant to § 32-23-10. "

Moved by: Representative Moore

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

          SB 95: to revise the terms of service for members of the Commission on Judicial Qualifications.

Proponents:      Mike Buenger, Unified Judicial System
          Tom Barnett, State Bar of South Dakota
Opponents:      None
Presented by:      Mike Buenger, United Judicial System

MOTION:      DO PASS SB 95

Moved by:      Representative Duniphan
Second by:      Representative Brown (Jarvis)
Action:      Prevailed by roll call vote. (10-3-0-0)

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

Voting no:      de Hueck, Collier, Volesky

          SB 97: to prohibit the harassment of certain employees by fraudulent legal proceedings or liens.

Proponents:      Mike Buenger, United Judicial System
          John Brown, representing himself
          Chuck Shamens, Sheriff's Association
          Bill Mickelson, South Dakota Highway Patrol
Opponents:      None
Presented by:      Mike Buenger, United Judicial System

MOTION:      DO PASS SB 97

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

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

          HB 1128: to revise certain provisions relating to truancy, to provide for the imposition of a civil fine, and to permit the court to compel school attendance under certain circumstances.

Proponents:      Representative Fiegen

          Gene Enck, Associated School Boards of South Dakota
Opponents:      None
Presented by:      Representative Fiegen

MOTION:      DO PASS HB 1128

Moved by:      Representative Duniphan
Second by:      Representative Fitzgerald
Action:      Prevailed by roll call vote. (8-5-0-0)

Voting yes:      Hunt, Hagg, de Hueck, Duniphan, Fitzgerald, Rost, Collier, Gleason

Voting no:      Brosz, Brown (Jarvis), Matthews, Moore, Volesky

          HB 1068: to provide for six-person juries in small claims actions.

Proponents:      Representative Hagg
Opponents:      None
Presented by:      Representative Hagg

MOTION:      DO PASS HB 1068

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

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

Excused:      Volesky

          SB 102: to revise certain provisions regarding street gang activity.

Proponents:      Representative Duniphan
          Senator Whiting
Opponents:      None
Presented by:      Representative Duniphan
          Senator Whiting

MOTION:      DEFER SB 102 UNTIL THE 41ST LEGISLATIVE DAY

Moved by:      Representative Matthews
Second by:      Representative Rost
Action:      Prevailed by roll call vote. (9-4-0-0)

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

Voting no:      Hagg, Brosz, Duniphan, Volesky

MOTION:      TO SPONSOR A BILL TITLED, AN ACT TO REVISE STANDARDS OF REVIEW FOR FINDINGS OF FACT, AND A BILL TITLED, AN ACT TO PROVIDE CERTAIN PROVISIONS REGARDING INMATE ASSAULT AGAINST DEPARTMENT OF CORRECTIONS EMPLOYEES

Moved by:      Representative Duniphan
Second by:      Representative Rost
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:      ADJOURN

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

Brooke Pike

_________________________________

Committee Secretary

Roger W. Hunt, Chair

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