72nd Legislative Session -- 1997

Committee: House Judiciary

Friday, February 14, 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 Hagg.


MOTION:      TO APPROVE THE MINUTES OF February 12, 1997

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

          HB 1278:   to revise certain provisions relating to the crime victims' compensation program.

Proponents:      Mike Vogal, Department of Social Services
          Ann Holtzhauser, Crime Victim's Compensation Program Administrator
Opponents:      None
Presented by:      Mike Vogal, Department of Social Services

MOTION:      AMEND HB 1278

r-1278
     On page 4 , line 9 of the printed bill , remove the overstrikes from " under oath " .

     On page 4 , line 9 , delete " , in the presence of a witness, " .


Moved by:      Representative Moore
Second by:      Representative Volesky
Action:      Failed by voice vote.

MOTION:      DO PASS HB 1278

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

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

Excused:      Hunt

MOTION:      PLACE HB 1278 ON CONSENT

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

          HB 1183:   to revise the penalties for false reporting of a bomb.

Proponents:      Representative Roe
          Jim Shekleton, South Dakota Board of Regents
          Elaine Roberts, South Dakota Education Association
          Jay Ruckddaschel, Association of School Boards
Opponents:      None
Presented by:      Representative Roe

MOTION:      AMEND HB 1183

r-1183b
     On page 1 , line 7 of the printed bill , overstrike " Class 5 " .

     On page 1 , line 8 , after " felonies " insert " Class 6 " .


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

MOTION:      AMEND HB 1183

r-1183a
     On page 1 , line 9 of the printed bill , after " crime. " insert " The person is also civilly liable for any injury to person or property from the false report and any costs related to responding to the false report. " .


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

MOTION:      TO AMEND TITLE OF HB 1183

r-1183t
     On page 1 , line 1 of the printed bill , after " bomb " insert " and to provide for civil liability " .


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

MOTION:      DO PASS HB 1183 AS AMENDED

Moved by:      Representative Moore
Second by:      Representative Fitzgerald
Action:      Was not acted on.

MOTION:      SUBSTITUTE MOTION AMEND HB 1183

r-1183
     On page 1 , line 7 of the printed bill , remove the overstrikes from " Class 1 misdemeanor, except that " .

     On page 1 , line 7 , after " are " insert " any subsequent conviction for the defense is " .

Moved by:      Representative Collier
Second by:      Representative de Hueck
Action:      Failed by voice vote.

MOTION:      DO PASS HB 1183 AS AMENDED

Moved by:      Representative Duniphan
Second by:      Representative Moore
Action:      Prevailed by roll call vote.   (7-5-1-0)

Voting yes:      Brosz, Brown (Jarvis), Duniphan, Fitzgerald, Matthews, Moore, Volesky

Voting no:      Hagg, de Hueck, Rost, Collier, Gleason

Excused:      Hunt

          HB 1267:   to require the convicted offenders pay restitution to victims.

Proponents:      Representative Van Gerpen
          Jeff Fox, Legal Cousel for the Governor's Office
Opponents:      None
Presented by:      Representative Van Gerpen

MOTION:      AMEND HB 1267

r-1267
     On page 1 , line 11 of the printed bill , remove the overstrikes from " may " .

     On page 1, line 11, delete " shall ".

     On page 1 , remove the overstrikes from lines 15 and 16 .

     On page 2 , remove the overstrikes from line 1 .

     On page 2 , line 2 , remove the overstrikes from " defendant will make restitution " .

     On page 3 , line 15 , remove the overstrikes from " , unless the court or parole board provides to the victim on the record " .

     On page 3 , remove the overstrikes from line 16 .


Moved by:      Representative de Hueck
Second by:      Representative Gleason
Action:      Prevailed by voice vote.


MOTION:      DO PASS HB 1267 AS AMENDED

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

MOTION:      SUBSTITUTE MOTION AMEND HB 1267

o-1267
     On page 2 , line 13 , after " treatment " insert " , or foster care " .


Moved by:      Representative de Hueck
Second by:      Representative Collier
Action:      Prevailed by voice vote.

MOTION:      DO PASS HB 1267 AS AMENDED

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

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

Excused:      Hunt

          HB 1260:   to revise the standards of review for findings of fact.

Proponents:      Brent Wilber, Office of the Governor
Opponents:      Mike Buenger, United Judicial System
          Tom Barnett, State Bar Association
Presented by:      Brent Wilbur, Office of the Governor

MOTION:      AMEND HB 1260

r-1260
     On page 1 of the printed bill , delete lines 3 to 16 , inclusive .

     On page 2 , delete lines 1 to 17 , inclusive .


Moved by:      Representative de Hueck

Second by:      Representative Volesky
Action:      Failed by voice vote.

MOTION:      DEFER HB 1260 UNTIL THE 41ST LEGISLATIVE DAY

Moved by:      Representative Duniphan
Second by:      Representative Moore
Action:      Prevailed by roll call vote.   (10-1-2-0)

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

Voting no:      de Hueck

Excused:      Hunt, Collier

          HB 1149:   to revise the support obligation of stepparents toward stepchildren.

Proponents:      Representative Jorgenson

MOTION:      AMEND HB 1149

r-1149
     On page 1 of the printed bill , remove the overstrikes from lines 5 to 8 , inclusive .

     On page 1 , line 5 , overstrike " his " and insert " the other " .

     On page 1 , line 6 , overstrike " his " and insert " that spouse's " .


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

MOTION:      DEFER HB 1149 UNTIL THE 41ST LEGISLATIVE DAY

Moved by:      Representative Moore
Second by:      Representative Brown (Jarvis)
Action:      Prevailed by roll call vote.   (7-4-2-0)

Voting yes:      Hagg, Brosz, Brown (Jarvis), de Hueck, Fitzgerald, Gleason, Moore

Voting no:      Duniphan, Matthews, Rost, Volesky


Excused:      Hunt, Collier

          SB 54:   to revise the violations which are cause for the revocation of a person's hunting, trapping, or fishing privileges and to extend the duration of the revocation.

Proponents:      John Cooper, Secretary of Game, Fish, and Parks
Opponents:      None
Presented by:      John Cooper, Secretary of Game, Fish, and Parks

DEFER SB 54 UNTIL February 19, 1997

MOTION:      ADJOURN

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



Brooke Pike

_________________________________

Committee Secretary
Rexford A. Hagg, Chair

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