72nd Legislative Session -- 1997
Committee: House Judiciary
Friday, February 21, 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 19, 1997.
Moved by:
Representative Hagg
Second by:
Representative Rost
Action:
Prevailed by voice vote.
MOTION:
REFER TO Agriculture & Natural Resources
Moved by:
Representative Fitzgerald
Second by:
Representative Rost
Action:
Prevailed by voice vote.
Gavel passed to Representative Hagg.
SB 196:
to provide for civil enforcement of statutes against assisted suicide.
Proponents:
Senator Lawler
Dick Reding, South Dakota Health Care Association
Dr. Kelly Krizan, St. Mary's Hospital
Holly Holig, Hospice Care
Representative Hassard
Jim Mason, Diocese of Sioux Falls and Rapid City
Opponents:
None
Presented by:
Senator Lawler
MOTION:
DO PASS SB 196
Moved by:
Representative Gleason
Second by:
Representative Duniphan
Action:
Prevailed by roll call vote.
(11-1-1-0)
Voting yes:
Hunt, Hagg, Brosz, Brown (Jarvis), Duniphan, Fitzgerald, Matthews, Rost, Gleason,
Moore, Volesky
Voting no:
Collier
Excused:
de Hueck
Gavel passed back to Representative Hunt.
SB 91:
to clarify certain provisions concerning the enhancement of penalties for
habitual criminals.
Proponents:
Judge Bill Srtska
Opponents:
None
Presented by:
Judge Bill Srtska
DEFER SB 91 UNTIL February 24, 1997.
SB 127:
to revise the eligibility for workers compensation to any person providing
voluntary services to a fire department, ambulance service, or rescue squad and to
declare an emergency.
Proponents:
Representative Brooks
Dennis Golton, South Dakota Firefighter, Rapid City
Opponents:
None
Presented by:
Representative Brooks
MOTION:
DO PASS SB 127
Moved by:
Representative Brown (Jarvis)
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
MOTION:
PLACE SB 127 ON CONSENT
Moved by:
Representative Duniphan
Second by:
Representative Matthews
Action:
Prevailed by voice vote.
SB 145:
to authorize title insurance companies to execute certain certificates of release
of mortgages.
Proponents:
Ron Schmidt, Land Title Association
Opponents:
None
Presented by:
Ron Schmidt, Land Title Association
MOTION:
AMEND SB 145
r-145a
On page
5
,
line
11 of the printed bill
,
delete "
title
"
and insert "
release
"
.
On page
5
,
line
20
,
delete "
may
"
and insert "
shall
"
.
Moved by:
Representative de Hueck
Second by:
Representative Hagg
Action:
Was not acted on.
MOTION:
SUBSTITUTE MOTION AMEND SB 145
r-145
On page
5
,
line
11 of the printed bill
,
delete "
as a memorial
"
.
On page
5
,
line
11
,
delete "
title on which a
"
and insert "
release.
"
.
On page
5
,
delete line
12
,
and insert "
The
"
.
Moved by:
Representative Hagg
Second by:
Representative de Hueck
Action:
Prevailed by voice vote.
MOTION:
AMEND SB 145
r-145b
On page
5
,
line
20 of the printed bill
,
delete "
may" and insert "shall".
"
Moved by:
Representative Hagg
Second by:
Representative de Hueck
Action:
Prevailed by voice vote.
MOTION:
AMEND SB 145
r-145c
On page
6
,
line
3 of the printed bill
,
delete "
actual damage
"
and insert "
damages
"
.
On page
6
,
line
4
,
after "
release
"
insert "
, including reasonable attorney fees
"
.
Moved by:
Representative Hagg
Second by:
Representative Volesky
Action:
Prevailed by voice vote.
MOTION:
AMEND SB 145
r-145d
On page
1
,
line
8 of the printed bill
,
delete "
in the original principal amount of five hundred
thousand
"
.
On page
1
,
line
9
,
delete "
dollars or less
"
.
Moved by:
Representative Brown (Jarvis)
Second by:
Representative Duniphan
Action:
Prevailed by voice vote.
MOTION:
DO PASS SB 145 AS AMENDED
Moved by:
Representative Brown (Jarvis)
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
SB 43:
to establish certain requirements and to prohibit certain practices regarding
sweepstake prizes and to provide a penalty for certain violations thereof.
Proponents:
Mark Barnett, Attorney General
George Valentine, Direct Marketing Association
Chuck Schroyer, States Attorneys Association
Charles Schadd, AARP
Opponents:
None
Presented by:
Mark Barnett, Attorney General
MOTION:
DO PASS SB 43
Moved by:
Representative Duniphan
Second by:
Representative Rost
Action:
Was not acted on.
MOTION:
SUBSTITUTE MOTION AMEND SB 43
r-43a
On page
2
,
line
8 of the Senate Judiciary committee engrossed bill
,
delete "
receipt
"
.
On page
2
,
line
9
,
delete "
of such prize on payment to the sponsor for the prize
"
.
Moved by:
Representative de Hueck
Second by:
Representative Hagg
Action:
Prevailed by voice vote.
MOTION:
AMEND SB 43
r-43b
On page
6
,
line
9 of the Senate Judiciary committee engrossed bill
,
delete "
6
"
and insert "
11
"
.
On page
6
,
line
10
,
delete "
6
"
and insert "
11
"
.
Moved by:
Representative Hagg
Second by:
Representative de Hueck
Action:
Prevailed by voice vote.
MOTION:
DO PASS SB 43 AS AMENDED
Moved by:
Representative Hagg
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 44:
to regulate and prohibit certain telephone merchandising practices and to
provide a penalty.
Proponents:
Mark Barnett, Attorney General
Charlie McGuigen, Attorney General's Office
Dave Bonde, Personel Group Inc.
Doug Hajek, Citibank of South Dakota
Mac McCracken, US West
Charles Schadd, AARP
Dick Gregerson, Industry and Commerce Commission
Opponents:
Bob Sahr, MCI
Loren Hiatt, ATT
Presented by:
Mark Barnett, Attorney General
MOTION:
AMEND SB 44
r-44c
On page
2
,
line
19 of the Senate Judiciary committee engrossed bill
,
delete "
or
"
.
On page
2
,
line
21
,
delete "
.
"
and insert "
; or
"
.
On page
2
,
between lines
21
and
22
,
insert:
"
(e) By any communications provider regulated by the Federal Communications Commission and
subject to the provisions of the Telephone Consumer Protection Act of 1991.
"
Moved by:
Representative de Hueck
Second by:
Representative Duniphan
Action:
Was not acted on.
DEFER SB 44 UNTIL February 24, 1997.
MOTION:
ADJOURN
Moved by:
Representative Moore
Second by:
Representative Rost
Action:
Prevailed by voice vote.
DEFER SB 87 UNTIL February 24, 1997.
DEFER SB 106 UNTIL February 24, 1997.
DEFER SB 143 UNTIL February 24, 1997.
DEFER SB 93 UNTIL February 24, 1997.
Brooke Pike
_________________________________
Committee Secretary
Roger W. Hunt, Chair
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