73rd Legislative Session -- 1998
Committee: House Judiciary
Monday, January 26, 1998
P - Present
E - Excused
A - Absent
Roll Call
P
Hunt, Chair
P
Hagg, Vice-Chair
P
Brown (Jarvis)
P
de Hueck
P
Duniphan
P
Fitzgerald
P
Matthews
P
Rost
P
Solum
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 January 23, 1998
Moved by:
Representative Solum
Second by:
Representative Duniphan
Action:
Prevailed by voice vote.
HB 1063:
to allow dissemination of information on certain juveniles to persons or
agencies having a legitimate interest pursuant to a general or specific court order.
MOTION:
DEFER HB 1063 UNTIL THE 36TH LEGISLATIVE DAY
Moved by:
Representative Moore
Second by:
Representative Rost
Action:
Prevailed by roll call vote.
(10-1-2-0)
Voting yes:
Hunt, Hagg, Brown (Jarvis), Duniphan, Fitzgerald, Rost, Solum, Gleason, Moore,
Volesky
Voting no:
Matthews
Excused:
de Hueck, Collier
HB 1100:
to revise the definition of cause of action for small claims proceedings.
Opponents:
Jerry Wheeler, SD Retailers
MOTION:
DEFER HB 1100 UNTIL THE 36TH LEGISLATIVE DAY
Moved by:
Representative Duniphan
Second by:
Representative Gleason
Action:
Prevailed by roll call vote.
(11-0-2-0)
Voting yes:
Hunt, Hagg, Brown (Jarvis), Duniphan, Fitzgerald, Matthews, Rost, Solum,
Gleason, Moore, Volesky
Excused:
de Hueck, Collier
HB 1101:
to establish certain prima facie evidence that an account holder executed
a check.
Proponents:
Ron Olinger, SD Retailers (Handout 1 and 2)
Chuck Schroyer, States Attorney Association
Presented by:
Representative Hunt
MOTION:
AMEND HB 1101
r-1101
On page
1
,
between lines
6
and
7 of the printed bill
,
insert:
"
The passing of a check, that bears the name and address of an account holder and bears a signature
is prima facie evidence that an account holder executed the check.
"
Moved by:
Representative Duniphan
Second by:
Representative Rost
Action:
Prevailed by voice vote.
MOTION:
SUBSTITUTE MOTION AMEND HB 1101
r-1101a
In the pending amendment,
after "
signature
"
insert "
, purporting to be that of the account
holder,
"
.
Moved by:
Representative Volesky
Second by:
Representative Moore
Action:
Prevailed by voice vote.
MOTION:
DO PASS HB 1101 AS AMENDED
Moved by:
Representative Moore
Second by:
Representative Duniphan
Action:
Prevailed by roll call vote.
(12-0-1-0)
Voting yes:
Hunt, Hagg, Brown (Jarvis), de Hueck, Duniphan, Fitzgerald, Matthews, Rost,
Solum, Gleason, Moore, Volesky
Excused:
Collier
HB 1118:
to revise the time period in which a preliminary hearing in certain
misdemeanor cases must be held.
Opponents:
Dan Schenk, Unified Judicial System
Presented by:
Representative Chicoine
MOTION:
DEFER HB 1118 UNTIL THE 36TH LEGISLATIVE DAY
Moved by:
Representative Volesky
Second by:
Representative Hagg
Action:
Prevailed by roll call vote.
(12-0-1-0)
Voting yes:
Hunt, Hagg, Brown (Jarvis), de Hueck, Duniphan, Fitzgerald, Matthews, Rost,
Solum, Gleason, Moore, Volesky
Excused:
Collier
HB 1103:
to authorize professional corporations comprised of health care
professionals of more than one profession.
Proponents:
Jim Hood, SD Association of Nurse Anesthetists
Chuck Austin, self
Brett Koenecke
Opponents:
Dave Gerdes, SD Medical Association
Tom Adam, SD Dental Association
Presented by:
Representative Hunt
MOTION:
AMEND HB 1103
1103b
On page
4
,
line
12 of the printed bill
,
delete "
personally
"
.
Moved by:
Representative Hunt
Second by:
Representative Duniphan
Action:
Prevailed by voice vote.
MOTION:
AMEND HB 1103
r-1103a
On page
5
,
after line
2 of the printed bill
,
insert:
"
Section 14. This Act does not apply to any health care professional authorized and licensed
pursuant to chapter 36-6A and any professional corporation authorized pursuant to chapter 47-12.
"
Moved by:
Representative Solum
Second by:
Representative Fitzgerald
Action:
Prevailed by voice vote.
MOTION:
AMEND HB 1103
r-1103
On page
4
,
line
14 of the printed bill
,
delete "
within the limits
"
and insert "
beyond the scope
"
.
Moved by:
Representative Collier
Second by:
Representative de Hueck
Action:
Withdrawn.
MOTION:
DO PASS HB 1103 AS AMENDED
Moved by:
Representative Hunt
Second by:
Representative Duniphan
Action:
Was not acted on.
MOTION:
SUBSTITUTE MOTION DEFER HB 1103 UNTIL THE 36TH LEGISLATIVE
DAY
Moved by:
Representative Matthews
Second by:
Representative Solum
Action:
Prevailed by roll call vote.
(7-6-0-0)
Voting yes:
Hagg, Brown (Jarvis), Fitzgerald, Matthews, Rost, Solum, Moore
Voting no:
Hunt, de Hueck, Duniphan, Collier, Gleason, Volesky
HB 1079:
to revise the circumstances under which a law enforcement officer has
a duty to report certain motor vehicle accidents.
Opponents:
Bill Mickelson, SD Highway Patrol
Presented by:
Representative Collier
Representative Duniphan
MOTION:
DEFER HB 1079 UNTIL THE 36TH LEGISLATIVE DAY
Moved by:
Representative Duniphan
Second by:
Representative Rost
Action:
Prevailed by roll call vote.
(12-0-1-0)
Voting yes:
Hunt, Hagg, Brown (Jarvis), de Hueck, Duniphan, Fitzgerald, Matthews, Rost,
Solum, Collier, Gleason, Moore
Excused:
Volesky
HB 1121:
to provide for the contracting of legal services for indigent defense and
to create a lien in support thereof.
Proponents:
Chuck Schoyer, States Attorney Association
Dennis Hansen, County Commissioners
Presented by:
Representative Schaunaman
MOTION:
DO PASS HB 1121
Moved by:
Representative de Hueck
Second by:
Representative Moore
Action:
Prevailed by roll call vote.
(9-4-0-0)
Voting yes:
Hunt, Hagg, Brown (Jarvis), de Hueck, Duniphan, Solum, Gleason, Moore,
Volesky
Voting no:
Fitzgerald, Matthews, Rost, Collier
MOTION:
To introduce HB 1315 and HB 1316 on behalf of the Governor
Moved by:
Representative Hagg
Second by:
Representative Volesky
Action:
Prevailed by roll call vote.
(12-1-0-0)
Voting yes:
Hunt, Hagg, Brown (Jarvis), de Hueck, Duniphan, Fitzgerald, Matthews, Rost,
Solum, Gleason, Moore, Volesky
Voting no:
Collier
MOTION:
ADJOURN
Moved by:
Representative Gleason
Second by:
Representative Solum
Action:
Prevailed by voice vote.
Toni Williams
_________________________________
Committee Secretary
Roger W. Hunt, Chair
../01260745.HJU Page 1