72nd Legislative Session -- 1997
Committee: House Judiciary
Friday, February 28, 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 26, 1997.
Moved by:
Representative Gleason
Second by:
Representative Fitzgerald
Action:
Failed by voice vote.
SB 133:
to require persons convicted of driving under the influence of alcohol or
drugs to participate in certain education and evaluation by a chemical dependency
counselor or professional.
Proponents:
Representative Matthews
Doug Austin, Alcohol and Drug Certification Board
Steve Vaughn, City/County Drug Programs
Kelly Johnson, Community Counseling,Huron
Doug Hajek, SD Psychologists Ass.
Dr. Frank Dame, SD Psychologists Ass.
Mike Buenger, United Judicial System
Opponents:
Tom Frrieberg, SD Trial Lawyers
Presented by:
Representative Matthews
MOTION:
AMEND SB 133
f-133
On page
1
,
line
9 of the Senate Judiciary committee engrossed bill
,
delete "
a
"
and insert "
any
physician licensed pursuant to chapter 36-4, psychologist licensed pursuant to chapter 36-27A, or
"
.
On page
2
,
line
5
,
delete "
a
"
and insert "
any physician licensed pursuant to chapter 36-4,
psychologist licensed pursuant to chapter 36-27A, or
"
.
On page
2
,
line
17
,
delete "
a
"
and insert "
any physician licensed pursuant to chapter 36-4,
psychologist licensed pursuant to chapter 36-27A, or
"
.
Moved by:
Representative Brosz
Second by:
Representative Duniphan
Action:
Prevailed by voice vote.
MOTION:
AMEND SB 133
r-133b
On page
2
,
line
9 of the Senate Judiciary committee engrossed bill
,
delete "
accredited by the
South Dakota Division of Alcohol and Drug Abuse
"
.
Moved by:
Representative Matthews
Second by:
Representative Duniphan
Action:
Prevailed by voice vote.
MOTION:
TO TABLE SB 133
Moved by:
Representative Moore
Second by:
Representative Brown (Jarvis)
Action:
Prevailed by roll call vote.
(8-5-0-0)
Voting yes:
Hunt, Hagg, Brown (Jarvis), Duniphan, Matthews, Collier, Gleason, Moore
Voting no:
Brosz, de Hueck, Fitzgerald, Rost, Volesky
SB 209:
to specify certain circumstances that create a rebuttable presumption that
awarding custody or granting visitation rights is not in the best interests of a child.
Proponents:
Senator Aker
Renate James, Piedmont
Tom Barnett, State Bar
Opponents:
None
Presented by:
Senator Aker
MOTION:
AMEND SB 209
r-209b
On page
1 of the Senate engrossed bill
,
delete lines
5
to
8
, inclusive
.
Moved by:
Representative Hagg
Second by:
Representative Matthews
Action:
Was not acted on.
MOTION:
SUBSTITUTE MOTION AMEND SB 209
r-209a
On page
1
,
line
7 of the Senate engrossed bill
,
after "
§
25-10-1(2)
"
insert "
, except against any
person related by consanguinity, but not living in the same household
"
.
Moved by:
Representative Matthews
Second by:
Representative Collier
Action:
Prevailed by voice vote.
MOTION:
DO PASS SB 209 AS AMENDED
Moved by:
Representative Duniphan
Second by:
Representative Rost
Action:
Prevailed by roll call vote.
(8-4-1-0)
Voting yes:
Brosz, Duniphan, Fitzgerald, Matthews, Rost, Collier, Gleason, Volesky
Voting no:
Hunt, Hagg, Brown (Jarvis), Moore
Excused:
de Hueck
SB 268:
to revise certain provisions regarding the civil liability of drug dealers.
Proponents:
Jeff Fox, Office of the Governor
MOTION:
DEFER SB 268 UNTIL March 3, 1997.
Moved by:
Representative Hunt
Second by:
Representative Hagg
Action:
Prevailed by voice vote.
SB 187:
to increase the amount of money or damage that is under the jurisdiction
of small claims court and to clarify that a party may be represented by an attorney
in small claims or magistrate court.
Proponents:
Brent Wilbur, Office of the Governor
Mike Buenger, United Judicial System
Jerry Wheeler, SD Retailers Association
Opponents:
None
Presented by:
Brent Wilbur, Office of the Governor
MOTION:
DO PASS SB 187
Moved by:
Representative de Hueck
Second by:
Representative Fitzgerald
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 187 ON CONSENT
Moved by:
Representative Brown (Jarvis)
Second by:
Representative Duniphan
Action:
Prevailed by voice vote.
SB 87:
to expand the civil jurisdiction of magistrate judges.
Proponents:
Mike Buenger, United Judicial System
Opponents:
None
Presented by:
Mike Buenger, United Judicial System
MOTION:
DO PASS SB 87
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 87 ON CONSENT
Moved by:
Representative Brown (Jarvis)
Second by:
Representative Brosz
Action:
Prevailed by voice vote.
SB 235:
to revise the applicability of the physician/patient privilege to criminal
actions.
Proponents:
Senator Albers
Jeff Hallem, Attorney General's Office
Jeff Fox, Office of the Governor
Opponents:
None
Presented by:
Senator Albers
MOTION:
DO PASS SB 235
Moved by:
Representative Moore
Second by:
Representative Gleason
Action:
Prevailed by roll call vote.
(12-1-0-0)
Voting yes:
Hunt, Hagg, Brosz, Brown (Jarvis), de Hueck, Duniphan, Fitzgerald, Matthews,
Rost, Gleason, Moore, Volesky
Voting no:
Collier
SB 267:
to increase the penalties for possession of drugs and drug paraphernalia
and for drug distribution and storage and to appropriate money for at-risk youth
programs.
Proponents:
Jeff Fox, Office of the Governor
Opponents:
Ken Meyer, South Dakota Peace and Justice Center
Presented by:
Jeff Fox, Office of the Governor
MOTION:
AMEND SB 267
r-267d
On page
3 of the Senate engrossed bill
,
delete lines
21
to
24
, inclusive
.
On page
4
,
delete line
1
.
Moved by:
Representative de Hueck
Second by:
Representative Rost
Action:
Prevailed by voice vote.
MOTION:
AMEND SB 267
r-267b
On page
1 of the Senate engrossed bill
,
delete line
9
,
and insert "
authorized by chapter 34-20B.
A violation of this section is a Class 5 felony.
It is a Class 6 felony to possess five grams or less of
cocaine or any cocaine derivative. It is a Class 4 felony to possess more than five grams of cocaine
or any cocaine derivative. Any other violation of this section is a Class 4 felony.
"
Moved by:
Representative Collier
Second by:
Representative Fitzgerald
Action:
Failed by voice vote.
MOTION:
AMEND SB 267
r-267c
On page
3
,
line
19 of the Senate engrossed bill
,
remove the overstrikes from "
Class 1
"
.
On page
3
,
line
20
,
remove the overstrikes from "
misdemeanor
"
.
On page
3
,
line
20
,
delete "
Class 6 felony
"
.
Moved by:
Representative Matthews
Second by:
Representative Moore
Action:
Prevailed by voice vote.
MOTION:
TO AMEND TITLE OF SB 267
r-267t
On page
1
,
line
2 of the Senate engrossed bill
,
delete "
and to appropriate money for at-risk
"
.
On page
1
,
line
3
,
delete "
youth programs
"
.
Moved by:
Representative de Hueck
Second by:
Representative Volesky
Action:
Prevailed by voice vote.
MOTION:
DO PASS SB 267 AS AMENDED
Moved by:
Representative Matthews
Second by:
Representative de Hueck
Action:
Was not acted on.
MOTION:
CALL THE QUESTION
Moved by:
Representative Matthews
Second by:
Representative Hagg
Action:
Prevailed by voice vote.
MOTION:
DO PASS SB 267 AS AMENDED
Moved by:
Representative Matthews
Second by:
Representative de Hueck
Action:
Prevailed by roll call vote.
(9-4-0-0)
Voting yes:
Hunt, Brosz, Brown (Jarvis), de Hueck, Duniphan, Fitzgerald, Matthews, Rost,
Volesky
Voting no:
Hagg, Collier, Gleason, Moore
SB 149:
to resolve certain conflicting provisions regarding workers' compensation
and health insurance coverage.
Proponents:
Senator Staggers
Darla Lyon, Division of Insurance
Opponents:
None
Presented by:
Senator Staggers
MOTION:
DO PASS SB 149
Moved by:
Representative Brown (Jarvis)
Second by:
Representative Brosz
Action:
Prevailed by roll call vote.
(10-0-3-0)
Voting yes:
Hunt, Hagg, Brosz, Brown (Jarvis), de Hueck, Fitzgerald, Rost, Collier, Gleason,
Volesky
Excused:
Duniphan, Matthews, Moore
SB 103:
to increase the penalty for a driver of a motor vehicle who eludes a law
enforcement officer.
Proponents:
Senator Whiting
Representative de Hueck
MOTION:
DO PASS SB 103
Moved by:
Representative Duniphan
Second by:
Representative Volesky
Action:
Was not acted on.
MOTION:
SUBSTITUTE MOTION DEFER SB 103 UNTIL THE 41ST LEGISLATIVE
DAY
Moved by:
Representative Matthews
Second by:
None
Action:
Died for a lack of a second
MOTION:
SUBSTITUTE MOTION AMEND SB 103
r-103e
On the Senate engrossed bill,
delete everything after the enacting clause and insert:
"
Section
1.
That
§
32-33-18
be amended to read as follows:
32-33-18.
Any driver of a motor vehicle who intentionally fails or refuses to bring
his
a
vehicle
to a stop, or who otherwise flees or attempts to elude a pursuing
police
law enforcement
vehicle,
when given visual or audible signal to bring the vehicle to a stop,
shall be
is
guilty of
a misdemeanor
as provided by
§
32-33-19
eluding
. The signal given by the
police
law enforcement
officer may be
by hand, voice, emergency light or siren. The officer giving
such
the
signal shall be in uniform,
prominently displaying
his
a
badge of office, and
his
the
vehicle shall be appropriately marked
showing it to be an official
police
law enforcement
vehicle.
Eluding is a Class 1 misdemeanor. In addition, the court shall order that the defendant's driver's
license be suspended for one year, but may issue an order allowing the defendant a work permit. Any
person who is found guilty of eluding is subject to the additional enhanced penalties if the course
of eluding results in:
(1) Death or great bodily injury to another person, a Class 4 felony; and
(2) Substantial bodily injury to another person or property damage in excess of two thousand
dollars to property belonging to a person other than the person eluding, a Class 5 felony.
For any subsequent violation, the court shall order that the defendant's driver's license be suspended
for five years.
Section
2.
That
§
32-33-19
be repealed.
32-33-19.
Any person who flees from or attempts to elude a police officer under the
circumstances described in
§
32-33-18 is guilty of a Class 1 misdemeanor. In addition to such
penalty, the court shall order that the defendant's driving privilege be suspended for thirty days.
However, the court may in its discretion issue an order permitting the person to operate a motor
vehicle for purposes of the person's employment during the hours of the day and the days of the
week as set forth in the order. The court may also order the revocation of the defendant's driving
privilege for a further period not to exceed one year or restrict the privilege in such manner as the
court determines for a period not to exceed one year.
"
Moved by:
Representative Duniphan
Second by:
Representative de Hueck
Action:
Prevailed by voice vote.
MOTION:
AMEND THE AMENDMENT
r-103f
In subdivision (2) of section 1 of the pending amendment, delete "
two thousand" and insert "
five
hundred".
In subdivision (2) of section 1 of the pending amendment, delete "Class 5" and insert "Class 6".
Moved by:
Representative Collier
Second by:
Representative de Hueck
Action:
Prevailed by voice vote.
MOTION:
DO PASS SB 103 AS AMENDED
Moved by:
Representative Duniphan
Second by:
Representative Fitzgerald
Action:
Prevailed by roll call vote.
(9-3-1-0)
Voting yes:
Hunt, Brosz, Brown (Jarvis), de Hueck, Duniphan, Fitzgerald, Matthews, Rost,
Volesky
Voting no:
Collier, Gleason, Moore
Excused:
Hagg
SB 44:
to regulate and prohibit certain telephone merchandising practices and to provide
a penalty.
Proponents:
Mark Barnett, Attorney General
Opponents:
Harry Christianson, AT&T
Bob Sahr, MCI
MOTION:
ADJOURN
Moved by:
Representative Duniphan
Second by:
Representative Brosz
Action:
Was not acted on.
Brooke Pike
_________________________________
Committee Secretary
Roger W. Hunt, Chair
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