73rd Legislative Session -- 1998
Committee: House Judiciary
Wednesday, January 28, 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 26, 1998
Moved by:
Representative Gleason
Second by:
Representative Rost
Action:
Prevailed by voice vote.
MOTION:
To amend the minutes of January 23, 1998 to represent the action taken on HB
1056.
MOTION:
DO PASS HB 1056
Moved by:
Representative Matthews
Second by:
Representative Brown (Jarvis)
Action:
Prevailed by roll call vote.
(9-4-0-0)
Voting yes:
Hunt, Brown (Jarvis), Duniphan, Fitzgerald, Matthews, Solum, Gleason, Moore,
Volesky
Voting no:
Hagg, de Hueck, Rost, Collier
Moved by:
Representative Hagg
Second by:
Representative Duniphan
Action:
Prevailed by voice vote.
HB 1149:
to prohibit the possession of certain articles in a jail or juvenile detention
facility, to prohibit the delivery of certain articles to a jail or juvenile detention
facility, and to provide a penalty therefor.
Presented by:
Representative Wetz
MOTION:
DEFER HB 1149 UNTIL THE 36TH LEGISLATIVE DAY
Moved by:
Representative Duniphan
Second by:
Representative Hagg
Action:
Prevailed by roll call vote.
(13-0-0-0)
Voting yes:
Hunt, Hagg, Brown (Jarvis), de Hueck, Duniphan, Fitzgerald, Matthews, Rost,
Solum, Collier, Gleason, Moore, Volesky
HB 1037:
to grant and modify the inspection powers of the Board of Nursing and
the Board of Medical and Osteopathic Examiners.
Proponents:
Diana Vanderwoude, SD Board of Nursing
Brett Koeneck, SD Nurses Association
MOTION:
AMEND HB 1037
r-1037
On page
1
,
line
8 of the printed bill
,
delete "
clinic
"
and insert "
clinical
"
.
On page
2
,
line
7
,
delete "
inspections
"
and insert "
inspection is
"
.
Moved by:
Representative de Hueck
Second by:
Representative Collier
Action:
Prevailed by voice vote.
MOTION:
DO PASS HB 1037 AS AMENDED
Moved by:
Representative Collier
Second by:
Representative Gleason
Action:
Withdrawn.
MOTION:
DEFER HB 1037 UNTIL January, 30, 1998
Moved by:
Representative Solum
Second by:
Representative Duniphan
Action:
Prevailed by voice vote.
HB 1093:
to increase the amount of property exempt from process.
Opponents:
Tom Adams, SD Bankers Association
John Brown, SD Consumer Finance Corp.
Dennis Duncan, SD Collectors Association
Presented by:
Representative Collier
MOTION:
AMEND HB 1093
r-1093
On page
1
,
line
6 of the printed bill
,
remove the overstrikes from "
of
"
.
On page
1
,
line
6
,
after "
his
"
insert "
the debtor's
"
.
On page
1
,
line
7
,
delete "
ten
"
and insert "
six
"
.
On page
1
,
line
8
,
overstrike "
a single person,
"
.
On page
1
,
line
8
,
delete "
five
"
and insert "
four
"
.
Moved by:
Representative Volesky
Second by:
Representative Duniphan
Action:
Prevailed by voice vote.
MOTION:
DO PASS HB 1093 AS AMENDED
Moved by:
Representative Moore
Second by:
Representative Fitzgerald
Action:
Prevailed by roll call vote.
(13-0-0-0)
Voting yes:
Hunt, Hagg, Brown (Jarvis), de Hueck, Duniphan, Fitzgerald, Matthews, Rost, Solum,
Collier, Gleason, Moore, Volesky
MOTION:
TO AMEND TITLE OF HB 1093
r-1093t
On page
1
,
line
1 of the printed bill
,
after "
process
"
insert "
and to allow any person who is not
the head of a family to claim an exemption in certain bankruptcy proceedings
"
.
Moved by:
Representative Rost
Second by:
Representative Collier
Action:
Prevailed by voice vote.
HB 1102:
to allow any person who is not the head of a family to claim an exemption in
certain bankruptcy proceedings.
Presented by:
Representative Hunt
MOTION:
DO PASS HB 1102
Moved by:
Representative de Hueck
Second by:
Representative Rost
Action:
Prevailed by roll call vote.
(11-0-2-0)
Voting yes:
Hunt, Hagg, Brown (Jarvis), de Hueck, Fitzgerald, Matthews, Rost, Solum, Collier,
Gleason, Moore
Excused:
Duniphan, Volesky
HB 1112:
to provide for a statute of limitations in certain negligence actions against
regional airports.
Proponents:
Michael Marnach, Sioux Falls Regional Airport Authority
Dick Gregerson, Industry and Commerce Association
Presented by:
Representative Hunt
MOTION:
DO PASS HB 1112
Moved by:
Representative Matthews
Second by:
Representative Solum
Action:
Prevailed by roll call vote.
(9-4-0-0)
Voting yes:
Hunt, Brown (Jarvis), Fitzgerald, Matthews, Rost, Solum, Gleason, Moore, Volesky
Voting no:
Hagg, de Hueck, Duniphan, Collier
HB 1097:
to permit public employees to appeal certain health and life insurance decisions
directly to circuit court.
Opponents:
Doug Decker, Bureau of Personnel
Dick Gregerson, Blue Cross and Blue Shield
Bob Krogstad, Bureau of Administration
Presented by:
Representative de Hueck
MOTION:
AMEND HB 1097
r-1097
On the printed bill,
delete everything after the enacting clause and insert:
"
Section 1. That
§
1-26D-4
be amended to read as follows:
1-26D-4.
Hearing examiners have all powers delineated in
§
§
1-26-19.1 and 1-26-19.2 and shall
hear all contested cases that arise under Titles 10 and 58
and chapter 3-12A
.
"
Moved by:
Representative Duniphan
Second by:
Representative Gleason
Action:
Prevailed by voice vote.
MOTION:
DEFER HB 1097 UNTIL January 30, 1998
Moved by:
Representative Collier
Second by:
Representative Duniphan
Action:
Prevailed by voice vote.
MOTION:
ADJOURN
Moved by:
Representative Duniphan
Second by:
Representative Rost
Action:
Prevailed by voice vote.
Toni Williams
_________________________________
Committee Secretary
Roger W. Hunt, Chair
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