72nd Legislative Session -- 1997

Committee: House Judiciary

Thursday, February 27, 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.


          SB 213:   to make certain legislative findings concerning the case of Knowles vs. United States and to clarify its application to certain practitioners of the healing arts and their employers.

Proponents:      Senator Olson
          Dave Gerdes, SD State Medical Ass.
          Jim Hood, SD Chiropracors Ass.
          Trudy Feigan, SD Dental Ass.
          Brett, Koenecke, Nurses Ass.
Opponents:      None
Presented by:      Senator Olson

MOTION:      DO PASS SB 213

Moved by:      Representative Gleason
Second by:      Representative Rost


Action:      Was not acted on.

MOTION:      SUBSTITUTE MOTION AMEND SB 213

r-213f

     On page 2 , line 5 of the Health and Human Services committee , overstrike " five " and insert " seven " .

     On page 2 , line 6 , after " hundred " insert " and fifty " .


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

MOTION:      DO PASS SB 213

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

MOTION:      TO TABLE SB 114

Moved by:      Representative Duniphan
Second by:      Representative Hagg
Action:      Prevailed by roll call vote.   (11-0-2-0)

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

Excused:      de Hueck, Volesky

          SB 168:   to revise the penalties for inmate escape from Department of Corrections custody.

Proponents:      Laurie Feiler, Department of Corrections
          Representative Van Gerpen
Opponents:      None
Presented by:      Laurie Feiler, Department of Corrections

MOTION:      DO PASS SB 168

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

MOTION:      SUBSTITUTE MOTION AMEND SB 168

r-168

     On page 1 , line 7 of the printed bill , delete " mandatory " .

     On page 1 , line 7 , delete " of not less than " .

     On page 1 , line 8 , delete " seven years, which sentence may not be suspended " .


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

MOTION:      TABLE THE AMENDMENT

Moved by:      Representative Brosz
Second by:      Representative Matthews
Action:      Failed by voice vote.

MOTION:      AMEND SB 168

r-168

     On page 1 , line 7 of the printed bill , delete " mandatory " .

     On page 1 , line 7 , delete " of not less than " .

     On page 1 , line 8 , delete " seven years, which sentence may not be suspended " .


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

MOTION:      DO PASS SB 168 AS AMENDED

Moved by:      Representative Gleason
Second by:      Representative Hagg
Action:      Prevailed by roll call vote.   (11-2-0-0)

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

Voting no:      de Hueck, Duniphan

          SB 245:   to revise certain provisions relating to child support.

Proponents:      Representative Haley
          Judge Steven Zintner
          Linda Lea Viken, Rapid City
          Ken Meyer, South Dakota peace and Justice Center
          Jim Mason, Catholic Charities
Opponents:      None
Presented by:      Representative Haley

MOTION:      AMEND SB 245

r-245d

     On page 12 of the Senate State Affairs committee engrossed bill , delete lines 19 and 20 , and insert:

" plan, and in a reasonable amount, but, in all cases, limited to the amounts deductible " .



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

MOTION:      CALL THE QUESTION

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

MOTION:      AMEND SB 245

r-245d

     On page 12 of the Senate State Affairs committee engrossed bill , delete lines 19 and 20 , and insert:

" plan, and in a reasonable amount, but, in all cases, limited to the amounts deductible " .



Moved by:      Representative Hagg
Second by:      Representative Duniphan


Action:      Prevailed by voice vote.

MOTION:      AMEND SB 245

r-245f

     On page 13 , line 16 of the Senate State Affairs committee engrossed bill , after " more " insert " consecutive " .


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

MOTION:      TABLE THE AMENDMENT

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

MOTION:      DO PASS SB 245 AS AMENDED

Moved by:      Representative Brown (Jarvis)
Second by:      Representative Hagg
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 169:   to revise certain provisions regarding the funds available from a defendant who has been assigned counsel.

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

MOTION:      DO PASS SB 169

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:      PLACE SB 169 ON CONSENT

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

          SB 181:   to allow additional compensation to state's attorneys for the performance of legal services under the Violence Against Women Act.

Proponents:      Mike Vogel, Social Services
          Chuck Schroyer, States Attorneys
Opponents:      None
Presented by:      Mike Vogel, Social Services

MOTION:      DO PASS SB 181

Moved by:      Representative Rost
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 181 ON CONSENT

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

          SB 260:   to provide that termination of parental rights is final and unconditional.

Proponents:      Judy Hines, Social Services
Opponents:      None
Presented by:      Judy Hines, Social Services

MOTION:      DO PASS SB 260

Moved by:      Representative Brown (Jarvis)
Second by:      Representative Rost
Action:      Prevailed by roll call vote.   (8-5-0-0)

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

Voting no:      Matthews, Collier, Gleason, Moore, Volesky

          SB 217:   to revise the penalty for the crime of forgery.

Proponents:      Representative Collier
          Ken Meyer, South Dakota Peace and Justice Center
Opponents:      Chuck Schroyer, States Attorneys
Presented by:      Representative Collier

MOTION:      DO PASS SB 217

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

MOTION:      SUBSTITUTE MOTION DEFER SB 217 UNTIL THE 41ST LEGISLATIVE DAY

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

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

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

          SB 241:   to provide for a declaration of preferences and power of attorney for mental illness treatment decisions.

Proponents:      Senator Flowers
          Robert Kean, South Dakota Advocacy Services
          Steve Lindquist, South Dakota Human Services
Opponents:      None
Presented by:      Senator Flowers

MOTION:      DO PASS SB 241

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, Gleason, Moore, Volesky

Excused:      Collier

MOTION:      RECONSIDER THE VOTE BY WHICH SB 102 LOST

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

MOTION:      REMOVE SB 15 FROM TABLE

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

MOTION:      ADJOURN

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



Brooke Pike

_________________________________

Committee Secretary
Roger W. Hunt, Chair


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