73rd Legislative Session -- 1998
Committee: House Judiciary
Friday, January 30, 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 28, 1998
Moved by:
Representative Duniphan
Second by:
Representative Hagg
Action:
Prevailed by voice vote.
HB 1037:
to grant and modify the inspection powers of the Board of Nursing and
the Board of Medical and Osteopathic Examiners.
MOTION:
AMEND HB 1037
j-1037
On page
1
,
line
6 of the printed bill
,
delete "
The board, or any of its
"
and insert "
After giving
reasonable notice, any of the board's
"
.
On page 1, line 9, after "maintained" insert "or may request copies of these records at the board's
expense".
On page
1
,
line
9
,
delete "
enforcing this chapter and rules
"
and insert "
investigating alleged
violations of
§
36-9-49, 36-9-49.1, or 36-9-68
"
.
On page
1
,
line
10
,
delete everything before "
.
"
.
On page
1
,
line
16
,
delete "
The boards, or any of their
"
and insert "
For the purposes of
investigating claimed violations of
§
36-9A-29, 36-9A-30, 36-9A-32, or 36-9A-35, and after giving
reasonable notice, any of the boards'
"
.
Moved by:
Representative Collier
Second by:
Representative Duniphan
Action:
Prevailed by voice vote.
MOTION:
DO PASS HB 1037 AS AMENDED
Moved by:
Representative Duniphan
Second by:
Representative Matthews
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 1094:
to delineate the conditions and circumstances under which a minor child
may testify in a custody or visitation action.
Proponents:
Homer Kandaras
Margaret Pier
Karen Hattervig
Opponents:
Max Gors, Unified Judicial System
Presented by:
Representative Collier
MOTION:
AMEND HB 1094
r-1094
On page
1
,
line
6 of the printed bill
,
after "
child
"
insert "
under the age of ten
"
.
On page
1
,
line
7
,
after "
child
"
insert "
under the age of ten
"
.
On page
1
,
line
9
,
after "
child
"
insert "
under the age of ten
"
.
Moved by:
Representative Hagg
Second by:
Representative Fitzgerald
Action:
Prevailed by voice vote.
MOTION:
DEFER HB 1094 UNTIL THE 36TH LEGISLATIVE DAY
Moved by:
Representative Matthews
Second by:
Representative Duniphan
Action:
Prevailed by roll call vote.
(7-6-0-0)
Voting yes:
Hunt, Brown (Jarvis), Duniphan, Matthews, Rost, Solum, Volesky
Voting no:
Hagg, de Hueck, Fitzgerald, Collier, Gleason, Moore
HB 1168:
to clarify certain provisions concerning the right of a party to request a
different hearing examiner in contested cases.
Opponents:
Bob Krogstad, Bureau of Personnel
Presented by:
Representative de Hueck
MOTION:
DO PASS HB 1168
Moved by:
Representative Moore
Second by:
Representative Duniphan
Action:
Prevailed by roll call vote.
(8-4-1-0)
Voting yes:
Hagg, Brown (Jarvis), de Hueck, Duniphan, Fitzgerald, Matthews, Gleason, Moore
Voting no:
Hunt, Rost, Solum, Volesky
Excused:
Collier
HB 1252:
to provide for the insertion of certain language in marriage licenses.
Proponents:
Dean Krogman, SD Medical Association
Daren Hattervig
RoAnn Redlin, SD Coalition Against Domestic and Sexual Assault, SD Advocacy
Network for Women
Presented by:
Representative Fitzgerald (Document 1)
MOTION:
AMEND HB 1252
r-1252
On page
1
,
line
12 of the printed bill
,
delete "
their
"
and insert "
this
"
.
Moved by:
Representative de Hueck
Second by:
Representative Duniphan
Action:
Prevailed by voice vote.
MOTION:
AMEND HB 1252
r-1252a
On page
1
,
delete lines
12
and
13 of the printed bill
.
Moved by:
Representative Solum
Second by:
Representative Rost
Action:
Failed by voice vote.
MOTION:
SUBSTITUTE MOTION AMEND HB 1252
r-1252b
On page
1
,
line
13 of the printed bill
,
after "
issued
"
insert "
, which shall be attested to by the
applicants who shall mark the form at an appropriate spot
"
.
Moved by:
Representative Matthews
Second by:
None
Action:
Died for a lack of a second
MOTION:
DO PASS HB 1252 AS AMENDED
Moved by:
Representative Brown (Jarvis)
Second by:
Representative Matthews
Action:
Prevailed by roll call vote.
(12-0-1-0)
Voting yes:
Hagg, Brown (Jarvis), de Hueck, Duniphan, Fitzgerald, Matthews, Rost, Solum,
Collier, Gleason, Moore, Volesky
Excused:
Hunt
HB 1201:
to reduce the penalties for certain violations of revenue statutes not
involving fraud.
Opponents:
Representative Sokolow
Jack Magee, Department of Revenue
Presented by:
Representative Windhorst
Vice-Chairman Hagg deferred HB 1201 until February 2, 1998
HB 1099:
to prohibit a minor from purchasing, possessing, receiving, or consuming
tobacco products or from attempting to purchase or receive tobacco products.
Proponents:
Jerry Wheeler, SD Retailers Association
MOTION:
DO PASS HB 1099
Moved by:
Representative Duniphan
Second by:
Representative Brown (Jarvis)
Action:
Was not acted on.
MOTION:
SUBSTITUTE MOTION AMEND HB 1099
r-1099
On page
1
,
line
12 of the printed bill
,
overstrike "
located in a place other than the
"
.
On page
1
,
overstrike lines
13
to
16
, inclusive
.
On page
2
,
overstrike line
1
.
On page
2
,
line
2
,
overstrike "
consumption on the premises where sold
"
.
Moved by:
Representative Rost
Second by:
None
Action:
Died for a lack of a second
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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