73rd Legislative Session -- 1998
Committee: House Judiciary
Monday, February 2, 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 30, 1998
Moved by:
Representative Solum
Second by:
Representative Duniphan
Action:
Prevailed by voice vote.
HB 1201:
to reduce the penalties for certain violations of revenue statutes not
involving fraud.
Presented by:
Representative Windhorst
MOTION:
AMEND HB 1201
r-1201
On page
1
,
delete lines
4
to
8 of the printed bill
, inclusive
.
Moved by:
Representative Hagg
Second by:
Representative Duniphan
Action:
Prevailed by voice vote.
MOTION:
DEFER HB 1201 UNTIL THE 36TH LEGISLATIVE DAY
Moved by:
Representative Moore
Second by:
Representative Brown (Jarvis)
Action:
Prevailed by roll call vote.
(8-4-1-0)
Voting yes:
Hunt, Brown (Jarvis), Duniphan, Matthews, Solum, Collier, Gleason, Moore
Voting no:
Hagg, Fitzgerald, Rost, Volesky
Excused:
de Hueck
HB 1170:
to revise the provisions of certain statutes pertaining to insufficient funds
checks.
Proponents:
Ivan Loesch
Linda Vance
Opponents:
Chuck Schroyer, SD State Attorney
Jason Harris, SD Trial Lawyer Association
Presented by:
Representative Haley
MOTION:
DEFER HB 1170 UNTIL THE 36TH LEGISLATIVE DAY
Moved by:
Representative Brown (Jarvis)
Second by:
Representative Solum
Action:
Prevailed by roll call vote.
(8-4-1-0)
Voting yes:
Hagg, Brown (Jarvis), Duniphan, Matthews, Rost, Solum, Collier, Moore
Voting no:
de Hueck, Fitzgerald, Gleason, Volesky
Excused:
Hunt
MOTION:
SUBSTITUTE MOTION DO PASS HB 1170
Moved by:
Representative Volesky
Second by:
Representative Gleason
Action:
Failed by roll call vote.
(5-7-1-0)
Voting yes:
de Hueck, Fitzgerald, Gleason, Moore, Volesky
Voting no:
Hagg, Brown (Jarvis), Duniphan, Matthews, Rost, Solum, Collier
Excused:
Hunt
HB 1197:
to increase the penalties for drug distribution and storage and for
possession of drugs and drug paraphernalia.
Proponents:
Brent Wilbur, Office of the Governor
Presented by:
Representative Gabriel
MOTION:
DEFER HB 1197 UNTIL THE 36TH LEGISLATIVE DAY
Moved by:
Representative Moore
Second by:
Representative Volesky
Action:
Was not acted on.
MOTION:
SUBSTITUTE MOTION AMEND HB 1197
r-1197
On page
3
,
line
17 of the printed bill
,
remove the overstrikes from "
Class 2
"
.
On page
3
,
line
17
,
delete "
Class 1
"
.
Moved by:
Representative Matthews
Second by:
Representative Fitzgerald
Action:
Prevailed by voice vote.
MOTION:
AMEND HB 1197
r-1197a
On page
2
,
delete lines
21
to
23 of the printed bill
, inclusive
.
Moved by:
Representative de Hueck
Second by:
Representative Rost
Action:
Prevailed by voice vote.
MOTION:
DO PASS HB 1197 AS AMENDED
Moved by:
Representative Matthews
Second by:
Representative Duniphan
Action:
Prevailed by roll call vote.
(7-5-1-0)
Voting yes:
Hagg, Brown (Jarvis), Duniphan, Fitzgerald, Matthews, Rost, Solum
Voting no:
de Hueck, Collier, Gleason, Moore, Volesky
Excused:
Hunt
MOTION:
SUBSTITUTE MOTION DEFER HB 1197 UNTIL THE 36TH LEGISLATIVE
DAY
Moved by:
Representative Moore
Second by:
Representative Collier
Action:
Failed by roll call vote.
(5-7-1-0)
Voting yes:
de Hueck, Collier, Gleason, Moore, Volesky
Voting no:
Hagg, Brown (Jarvis), Duniphan, Fitzgerald, Matthews, Rost, Solum
Excused:
Hunt
HB 1210:
to provide for the forfeiture of security for failure to comply with the
provisions of § 23A-43-4.2.
Proponents:
Don Holloway, Pennington County Sheriff's Office
Presented by:
Representative Duniphan
MOTION:
DEFER HB 1210 UNTIL THE 36TH LEGISLATIVE DAY
Moved by:
Representative Brown (Jarvis)
Second by:
Representative Collier
Action:
Was not acted on.
MOTION:
SUBSTITUTE MOTION AMEND HB 1210
r-1210a
On page
1
,
line
6 of the printed bill
,
delete "
imposed conditions of
"
and insert "
the provisions
of
§
23A-43-4.2
"
.
On page
1
,
line
7
,
delete "
release
"
.
Moved by:
Representative Moore
Second by:
Representative Matthews
Action:
Prevailed by voice vote.
MOTION:
DO PASS HB 1210 AS AMENDED
Moved by:
Representative Duniphan
Second by:
Representative Solum
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 1210
r-1210t
On page
1
,
line
2 of the printed bill
,
delete "
imposed conditions of release
"
and insert "
the
provisions of
§
23A-43-4.2
"
.
Moved by:
Representative de Hueck
Second by:
Representative Duniphan
Action:
Prevailed by voice vote.
HB 1171:
to revise certain provisions relating to the underage consumption of
alcoholic beverages.
Proponents:
Don Holloway, Pennington County Sheriff's Office
Opponents:
Ron Olinger, self
Tim Dougherty, SD Retail Liquor Dealers Association
Presented by:
Representative Matthews (Handout 1 and 2)
MOTION:
AMEND HB 1171
r-1171
On page
2
,
delete lines
7
to
19 of the printed bill
, inclusive
.
Moved by:
Representative Matthews
Second by:
Representative Solum
Action:
Was not acted on.
MOTION:
DEFER HB 1171 UNTIL THE 36TH LEGISLATIVE DAY
Moved by:
Representative Moore
Second by:
Representative Collier
Action:
Prevailed by roll call vote.
(9-4-0-0)
Voting yes:
Hunt, Brown (Jarvis), de Hueck, Rost, Solum, Collier, Gleason, Moore, Volesky
Voting no:
Hagg, Duniphan, Fitzgerald, Matthews
HB 1193:
to require that certain information be disclosed on the sex offender
registry.
Presented by:
Representative Madden (Handout 3)
MOTION:
DO PASS HB 1193
Moved by:
Representative Volesky
Second by:
Representative Duniphan
Action:
Was not acted on.
MOTION:
SUBSTITUTE MOTION AMEND HB 1193
j-1193
On page
1
,
line
5 of the printed bill
,
delete "
any sex crime committed,
"
.
On page
1
,
line
6
,
delete "
or
"
and insert "
and
"
.
On page
1
,
delete line
13
.
On page
1
,
line
14
,
delete "
or
"
and insert "
and
"
.
On page
1
,
line
14
,
delete "
the sex crime
"
and insert "
any sex crime committed
"
.
Moved by:
Representative Matthews
Second by:
Representative Fitzgerald
Action:
Prevailed by voice vote.
MOTION:
DEFER HB 1193 UNTIL February 2, 1998 evening meeting
Moved by:
Representative Hunt
Second by:
Representative Hagg
Action:
Prevailed by voice vote.
Chairman Hunt called a recess and the committee will reconvene at 7:30 PM this evening.
Chairman Hunt reconvened the meeting at 7:30 PM.
MOTION:
AMEND HB 1193
j-1193a
On page
1
,
line
5 of the printed bill
,
after "
address,
"
insert "
the type of sex crime convicted of,
"
.
On page
1
,
line
6
,
after "
conviction
"
insert "
of any sex crime committed
"
.
On page
1
,
after line
12
,
insert:
"
(4) The type of sex crime convicted of; and
"
.
Moved by:
Representative Hagg
Second by:
Representative Volesky
Action:
Prevailed by voice vote.
MOTION:
DO PASS HB 1193 AS AMENDED
Moved by:
Representative Gleason
Second by:
Representative Duniphan
Action:
Prevailed by roll call vote.
(11-2-0-0)
Voting yes:
Hunt, Hagg, de Hueck, Duniphan, Fitzgerald, Matthews, Rost, Solum, Collier,
Gleason, Volesky
Voting no:
Brown (Jarvis), Moore
HB 1099:
to prohibit a minor from purchasing, possessing, receiving, or consuming
tobacco products or from attempting to purchase or receive tobacco products.
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:
Representative Collier
Action:
Failed by voice vote.
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
j-1099
On page
2
,
delete lines
6
to
12 of the printed bill
, inclusive
.
Moved by:
Representative Brown (Jarvis)
Second by:
Representative Moore
Action:
Prevailed by voice vote.
MOTION:
DO PASS HB 1099 AS AMENDED
Moved by:
Representative Moore
Second by:
Representative Brown (Jarvis)
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:
SUBSTITUTE MOTION DEFER HB 1099 UNTIL THE 36TH LEGISLATIVE
DAY
Moved by:
Representative Collier
Second by:
Representative Volesky
Action:
Failed by roll call vote.
(5-8-0-0)
Voting yes:
Brown (Jarvis), Solum, Collier, Gleason, Moore
Voting no:
Hunt, Hagg, de Hueck, Duniphan, Fitzgerald, Matthews, Rost, Volesky
HB 1097:
to permit public employees to appeal certain health and life insurance
decisions directly to circuit court.
Opponents:
Doug Decker, Bureau of Personnel
Presented by:
Representative de Hueck
MOTION:
DO PASS HB 1097 AS AMENDED
Moved by:
Representative Moore
Second by:
Representative de Hueck
Action:
Prevailed by roll call vote.
(9-4-0-0)
Voting yes:
Brown (Jarvis), de Hueck, Duniphan, Fitzgerald, Matthews, Collier, Gleason,
Moore, Volesky
Voting no:
Hunt, Hagg, Rost, Solum
MOTION:
SUBSTITUTE MOTION DEFER HB 1097 UNTIL THE 36TH LEGISLATIVE
DAY
Moved by:
Representative Hagg
Second by:
Representative Solum
Action:
Failed by roll call vote.
(5-8-0-0)
Voting yes:
Hunt, Hagg, Fitzgerald, Rost, Solum
Voting no:
Brown (Jarvis), de Hueck, Duniphan, Matthews, Collier, Gleason, Moore, Volesky
MOTION:
TO AMEND TITLE OF HB 1097
r-1097t
On page
1
,
line
1 of the printed bill
,
delete everything after "
to
"
and insert "
revise certain
provisions relating to the Office of Hearing Examiners.
"
.
On page
1
,
delete line
2
.
Moved by:
Representative de Hueck
Second by:
Representative Moore
Action:
Prevailed by voice vote.
HB 1096:
to permit any party in contested cases to require the use of the Office of
Hearing Examiners and to eliminate the penalty for such use.
Proponents:
Bob Krogstad, Chief Hearing Examiner
Opponents:
Richard Tiezen, State Farm Insurance
Presented by:
Representative de Hueck
MOTION:
AMEND HB 1096
j-1096
On page
1
,
delete lines
5
to
10 of the printed bill
, inclusive
,
and insert:
"
1-26-18.3.
In a contested case, if the amount in controversy exceeds two thousand five hundred
dollars or if a property right may be terminated, any party to the contested case may require the
agency to use the Office of Hearing Examiners by giving notice of the request no later than ten days
prior to the hearing. Except as otherwise provided for cases arising under Title 61, if
such requesting
party does not prevail, the Office of Hearing Examiners shall require the requesting party to pay the
cost of the services rendered in hearing the contested case
a petition for hearing is determined to be
frivolous or made in bad faith, the Office of Hearing Examiners shall impose upon the requesting
party, the cost of the services rendered in hearing the contested case
.
"
Moved by:
Representative Collier
Second by:
Representative Gleason
Action:
Prevailed by voice vote.
MOTION:
DO PASS HB 1096 AS AMENDED
Moved by:
Representative Hagg
Second by:
Representative Duniphan
Action:
Prevailed by roll call vote.
(11-2-0-0)
Voting yes:
Hagg, Brown (Jarvis), de Hueck, Duniphan, Fitzgerald, Matthews, Rost, Solum,
Collier, Gleason, Moore
Voting no:
Hunt, Volesky
HB 1159:
to limit the recovery of certain damages in cases involving
noncompliance with financial liability laws of this state.
Proponents:
Richard Tiezen, State Farm Insurance
Opponents:
Jason Harris, SD Trial Lawyers Assoc.
Tom Barnett, State Bar of SD
Presented by:
Representative Apa (Handout 5)
MOTION:
DEFER HB 1159 UNTIL THE 36TH LEGISLATIVE DAY
Moved by:
Representative Hagg
Second by:
Representative Rost
Action:
Prevailed by roll call vote.
(10-3-0-0)
Voting yes:
Hunt, Hagg, Brown (Jarvis), de Hueck, Fitzgerald, Rost, Collier, Gleason, Moore,
Volesky
Voting no:
Duniphan, Matthews, Solum
HB 1227:
to allow local governments to request a criminal record check of persons
considered for employment and to allow local law enforcement officials to a
conduct a criminal record check.
MOTION:
DEFER HB 1227 UNTIL THE 36TH LEGISLATIVE DAY
Moved by:
Representative Solum
Second by:
Representative Gleason
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 1234:
to revise certain provisions relating to confidentiality of certain medical
committees.
Proponents:
Dave Gerdes, SD State Medical Assoc.
Brian Meyer
Presented by:
Representative Hagg
MOTION:
AMEND HB 1234
j-1234
On the printed bill,
delete everything after the enacting clause and insert:
"
Section
1.
That
§
36-4-26.2
be amended to read as follows:
36-4-26.2.
Section 36-4-26.1
shall not apply
applies neither to facts associated with a patient's
treatment and care nor
to patient records prepared in conjunction with treatment and care rendered
to a patient who is a party to an action or proceeding, the subject matter of which is the care and
treatment of
said
the
patient. Furthermore, after the notification of adverse parties as hereinafter
provided,
§
36-4-26.1
shall
does
not apply to the proceedings, records, reports, statements, minutes
,
or other data of any committee, department, section, board of directors, or group covered by
§
36-4-26.1, in so far as they relate to the statements or opinions of a member thereof made or rendered
at its meeting,
where such
if the
member is called as a witness on behalf of any party in an action
involving the quality, type
,
or necessity of such care rendered
, provided that
. However
:
(1)
Such information may only be used to impeach the testimony of such witness; and
(2)
Such witness may not testify unless the party calling the witness has notified all adverse
parties to the action at least thirty days before trial of
his
the person's
intention to use such
witness.
"
Moved by:
Representative Hagg
Second by:
Representative Duniphan
Action:
Prevailed by voice vote.
MOTION:
DO PASS HB 1234 AS AMENDED
Moved by:
Representative Volesky
Second by:
Representative Duniphan
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 1147:
to provide for the suspension of driving privileges of persons under the
age of twenty-one who have committed certain alcohol-related offenses.
Opponents:
Cindy Gerber, Department of Commerce
Darla Lyon, Director of the Division of Insurance
Presented by:
Representative Wick (Handout 1-4)
MOTION:
DEFER HB 1147 UNTIL THE 36TH LEGISLATIVE DAY
Moved by:
Representative Volesky
Second by:
Representative Moore
Action:
Prevailed by roll call vote.
(8-5-0-0)
Voting yes:
Hagg, Brown (Jarvis), Duniphan, Matthews, Solum, Gleason, Moore, Volesky
Voting no:
Hunt, de Hueck, Fitzgerald, Rost, Collier
HB 1213:
to require certain persons convicted of driving under the influence of
alcohol or drugs or related crime to participate in an evaluation, education, and
treatment.
Proponents:
Kelly Johnson
Gib Sudbeck, Department of Human Services
Opponents:
Max Gors, Unified Judicial System
Presented by:
Representative Matthews
MOTION:
AMEND HB 1213
j-1213
On page
1
,
line
13 of the printed bill
,
delete everything after "
physician
"
.
On page
1
,
line
14
,
delete "
their respective professions
"
.
On page
2
,
line
6
,
after "
Board
"
insert "
or by a licensed psychologist or licensed physician
"
.
On page
2
,
line
23
,
delete "
doing work within
"
.
On page
2
,
delete line
24
,
and insert "
, to
"
.
On page
3
,
line
7
,
after "
Board
"
insert "
or by a licensed psychologist or licensed physician
"
.
Moved by:
Representative Duniphan
Second by:
Representative Volesky
Action:
Prevailed by voice vote.
MOTION:
DO PASS HB 1213 AS AMENDED
Moved by:
Representative Collier
Second by:
Representative Fitzgerald
Action:
Was not acted on.
MOTION:
SUBSTITUTE MOTION DEFER HB 1213 UNTIL February 6, 1998
Moved by:
Representative Brown (Jarvis)
Second by:
Representative de Hueck
Action:
Prevailed by voice vote.
HB 1270:
to revise the items subject to an annual accounting of a conservator under
the Uniform Probate Code.
Presented by:
Representative Collier
MOTION:
DO PASS HB 1270
Moved by:
Representative Collier
Second by:
Representative Moore
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
MOTION:
ADJOURN
Moved by:
Representative Duniphan
Second by:
Representative Rost
Action:
Prevailed by voice vote.
Toni Williams
_________________________________
Committee Secretary
Roger W. Hunt, Chair
../02020745.HJU Page 1