72nd Legislative Session -- 1997
Committee: House Judiciary
Monday, February 10, 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 February 6, 1997
Moved by:
Representative Gleason
Second by:
Representative Rost
Action:
Prevailed by voice vote.
MOTION:
TO APPROVE THE MINUTES OF February 7, 1997
Moved by:
Representative Brown (Jarvis)
Second by:
Representative Brosz
Action:
Prevailed by voice vote.
HB 1195:
to provide a procedure for requesting visitation rights if not established
by court order or decree.
Proponents:
None
Opponents:
None
Presented by:
None
MOTION:
DEFER HB 1195 UNTIL Chairman brings it above the line.
Moved by:
Representative Hunt
Second by:
Representative Hagg
Action:
Prevailed by voice vote.
HB 1213:
to provide a penalty for strikes by public employees.
Proponents:
Representative Gabriel
Dick Tieszen, Associated School Boards of South Dakota
John Palton, South Dakota Family Policy Council
Doug Decker, Bureau of Personnel
Opponents:
Bob Stevens, South Dakota Education Association
Paul Aylward, Public Employees Union, SD AFSCME 59
Presented by:
Representative Gabriel
MOTION:
AMEND HB 1213
j-1213
On page
1
,
line
14
,
delete "
to offset the cost and expenses of the strike
"
.
Moved by:
Representative Hagg
Second by:
Representative Duniphan
Action:
Prevailed by voice vote.
MOTION:
AMEND HB 1213
j-1213a
On page
1
,
line
11
,
after "
of
"
insert "
up to
"
.
On page
1
,
line
12
,
after "
dollars
"
insert "
and not less than one hundred dollars
"
.
Moved by:
Representative Matthews
Second by:
Representative de Hueck
Action:
Was not acted on.
MOTION:
SUBSTITUTE MOTION AMEND THE AMENDMENT
j-1213c
On page
1
,
line
11
,
after "
of
"
insert "
up to
"
.
Moved by:
Representative Fitzgerald
Second by:
Representative Matthews
Action:
Prevailed by voice vote.
MOTION:
AMEND HB 1213
j-1213d
On page
1
,
line
14
,
delete "
However, any person
"
.
On page
1
,
delete lines
15
and
16
.
Moved by:
Representative Moore
Second by:
Representative Gleason
Action:
Failed by voice vote.
MOTION:
DO PASS HB 1213 AS AMENDED
Moved by:
Representative Hagg
Second by:
Representative Duniphan
Action:
Prevailed by roll call vote.
(9-4-0-0)
Voting yes:
Hunt, Hagg, Brosz, Brown (Jarvis), Duniphan, Fitzgerald, Matthews, Rost,
Volesky
Voting no:
de Hueck, Collier, Gleason, Moore
HB 1214:
to revise certain provisions relating to child support.
Proponents:
None
Opponents:
None
Presented by:
None
MOTION:
TO TABLE HB 1214
Moved by:
Representative Gleason
Second by:
Representative Duniphan
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
HB 1259:
to provide certain provisions regarding inmate assault against
Department of Corrections employees.
Proponents:
Jeff Bloomberg, Department of Corrections
Douglas Clark, Department of Corrections, Sioux Falls
Cheryl Martens, Department of Corrections, Springfield
Representative Van Gerpen
Lori Feiler, Department of Co
Opponents:
None
Presented by:
Jeff Bloomberg, Department of Corrections
MOTION:
DO PASS HB 1259
Moved by:
Representative Brown (Jarvis)
Second by:
Representative Duniphan
Action:
Was not acted on.
MOTION:
SUBSTITUTE MOTION DEFER HB 1259 UNTIL THE 41ST LEGISLATIVE
DAY
Moved by:
Representative Matthews
Second by:
Representative Collier
Action:
Was not acted on.
MOTION:
SUBSTITUTE MOTION AMEND HB 1259
j-1259
On page
1
,
line
6
,
delete "
or adjudicated
"
.
On page
1
,
line
7
,
delete "
spits,
"
.
On page
1
,
line
7
,
delete "
bodily
"
and insert "
body
"
.
On page
1
,
line
10
,
delete "
Class 5
"
and insert "
Class 6
"
.
On page
1
,
delete lines
11
to
16
, inclusive
.
On page
2
,
line
22
,
delete "
or adjudicated
"
.
On page
2
,
line
23
,
delete "
harm
"
and insert "
injury
"
.
Moved by:
Representative Hagg
Second by:
Representative Volesky
Action:
Prevailed by voice vote.
MOTION:
AMEND HB 1259
j-1259a
On
line
4
,
delete "
Class 6
"
and insert "
Class A
"
.
Moved by:
Representative Volesky
Second by:
Representative Matthews
Action:
Failed by roll call vote.
(0-13-0-0)
Voting no:
Hunt, Hagg, Brosz, Brown (Jarvis), de Hueck, Duniphan, Fitzgerald, Matthews,
Rost, Collier, Gleason, Moore, Volesky
MOTION:
DO PASS HB 1259 AS AMENDED
Moved by:
Representative Fitzgerald
Second by:
Representative Hagg
Action:
Prevailed by roll call vote.
(11-2-0-0)
Voting yes:
Hunt, Hagg, Brosz, Brown (Jarvis), de Hueck, Duniphan, Fitzgerald, Rost,
Gleason, Moore, Volesky
Voting no:
Matthews, Collier
MOTION:
Moved by:
Representative Hagg
Second by:
Representative Moore
Action:
Prevailed by voice vote.
HB 1241:
to clarify the notice requirement in certain estate matters.
Proponents:
Representative Rost
Tom Barnett, State Bar of South Dakota
Opponents:
None
Presented by:
Representative Rost
MOTION:
DO PASS HB 1241
Moved by:
Representative Moore
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
MOTION:
PLACE HB 1241 ON CONSENT
Moved by:
Representative Duniphan
Second by:
Representative Gleason
Action:
Prevailed by voice vote.
HB 1253:
to establish a visitation enforcement program within the Unified Judicial
System, to create a Task Force to provide for its implementation, and to make an
appropriation of federal fund authority therefor.
Proponents:
Representative Haley
Opponents:
None
Presented by:
Representative Haley
MOTION:
DEFER HB 1253 UNTIL THE 41ST LEGISLATIVE DAY
Moved by:
Representative Collier
Second by:
Representative Matthews
Action:
Was not acted on.
MOTION:
SUBSTITUTE MOTION AMEND HB 1253
j-1253
On page
1
,
delete lines
10
to
16
, inclusive
.
On page
2
,
delete lines
1
to
20
, inclusive
.
On page
2
,
line
21
,
delete "
sections 1 to 6, inclusive,
"
and insert "
section 1
"
.
On page
2
,
line
23
,
delete "
sections 1 to 6, inclusive,
"
and insert "
section 1
"
.
On page
3
,
line
9
,
delete "
sections 1 to 6, inclusive,
"
and insert "
section 1
"
.
On page
3
,
line
11
,
delete "
section 8
"
and insert "
section 1
"
.
Moved by:
Representative de Hueck
Second by:
Representative Moore
Action:
Prevailed by voice vote.
MOTION:
AMEND THE AMENDMENT
j-1253a
On page
1
,
line
6
,
delete "
effective, efficient, and
"
.
On page
1
,
line
7
,
delete "
inexpensive
"
.
Moved by:
Representative Matthews
Second by:
None
Action:
Died for a lack of a second
MOTION:
AMEND THE AMENDMENT
j-1253b
On page
1
,
delete lines
5
to
9
, inclusive
.
On page
2
,
delete line
21
.
On page
2
,
line
23
,
after "
plan
"
insert "
and
"
.
On page
2
,
line
23
,
delete "
, and implement sections 1 to 6, inclusive of this Act
"
and insert "
a
visitation enforcement program
"
.
On page
3
,
line
9
,
delete "
and implement sections 1 to 6, of this Act
"
and insert "
a visitation
enforcement program
"
.
Moved by:
Representative Hagg
Second by:
Representative Matthews
Action:
Prevailed by voice vote.
MOTION:
REFER TO Appropriations
Moved by:
Representative Hagg
Second by:
Representative Moore
Action:
Prevailed by voice vote.
MOTION:
ADJOURN
Moved by:
Representative Duniphan
Second by:
Representative Gleason
Action:
Prevailed by voice vote.
Brooke Pike
_________________________________
Committee Secretary
Roger W. Hunt, Chair
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