73rd Legislative Session -- 1998
Committee: House Judiciary
Wednesday, February 4, 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 Chair Hunt
MOTION:
TO APPROVE THE MINUTES OF FEBRUARY 2, 1998
Moved by:
Representative Brown (Jarvis)
Second by:
Representative Gleason
Action:
Prevailed by voice vote.
HB 1188:
to allow certain family members to file one petition for change of name
Proponents:
None
Opponents:
None
Presented by:
Representative Sokolow
MOTION:
DO PASS HB 1188
Moved by:
Representative de Hueck
Second by:
Representative Brown (Jarvis)
Action:
Prevailed by roll call vote.
(10-0-3-0)
Voting yes:
Hunt, Brown (Jarvis), de Hueck, Fitzgerald, Matthews, Rost, Solum, Gleason,
Moore, Volesky
Excused:
Hagg, Duniphan, Collier
MOTION:
PLACE HB 1188 ON CONSENT
Moved by:
Representative Volesky
Second by:
Representative de Hueck
Action:
Prevailed by voice vote.
HB 1286:
to provide the court with discretion, under limited circumstances, when
ordering restitution to victims of misdemeanor crimes.
Proponents:
Dick Tieszen, State Farm Insurance
Mike Shaw, National Association of Independent Insurers
Mike Buenger, Unified Judicial System
Tom Barnett, SD State Bar
Opponents:
None
Presented by:
Representative Cutler
MOTION:
AMEND HB 1286
r-1286
On page
1
,
line
6 of the printed bill
,
after "
§
"
insert "
22-6-1 or
"
.
Moved by:
Representative Collier
Second by:
Representative Rost
Action:
Prevailed by voice vote.
MOTION:
AMEND HB 1286
r-1286a
On page
1
,
line
8 of the printed bill
,
after "
misdemeanor
"
insert "
or felony
"
.
Moved by:
Representative Volesky
Second by:
Representative Fitzgerald
Action:
Prevailed by voice vote.
MOTION:
TO AMEND TITLE OF HB 1286
r-1286t
On page
1
,
line
2 of the printed bill
,
delete "
misdemeanor
"
and insert "
certain
"
.
Moved by:
Representative de Hueck
Second by:
Representative Collier
Action:
Prevailed by voice vote.
MOTION:
DO PASS HB 1286 AS AMENDED
Moved by:
Representative Solum
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 1253:
to require the testimony of any witness before any grand jury be
recorded.
(Representative Hagg assumed the chair)
Proponents:
None
Opponents:
None
Presented by:
Representative Sokolow
MOTION:
AMEND HB 1253
r-1253
On page
1
,
line
6 of the printed bill
,
after "
recorded.
"
insert "
Such testimony may be recorded
by means of an electronic recording device.
"
.
Moved by:
Representative Duniphan
Second by:
Representative Volesky
Action:
Prevailed by voice vote.
MOTION:
DO PASS HB 1253 AS AMENDED
Moved by:
Representative de Hueck
Second by:
Representative Duniphan
Action:
Prevailed by roll call vote.
(11-1-1-0)
Voting yes:
Hagg, Brown (Jarvis), de Hueck, Duniphan, Fitzgerald, Matthews, Rost, Solum,
Collier, Gleason, Volesky
Voting no:
Moore
Excused:
Hunt
HB 1283:
to provide that any person convicted of or who has pled nolo contendere
to a fourth or subsequent offense of driving under the influence is guilty of a Class
5 felony regardless of the time that has elapsed between convictions or pleas.
Proponents:
Charlie McGuigan, Office of Attorney General
Opponents:
None
Presented by:
Representative Duniphan
MOTION:
DEFER HB 1283 UNTIL THE 36TH LEGISLATIVE DAY
Moved by:
Representative Collier
Second by:
Representative Moore
Action:
Prevailed by roll call vote.
(8-3-2-0)
Voting yes:
Brown (Jarvis), Matthews, Rost, Solum, Collier, Gleason, Moore, Volesky
Voting no:
Hagg, Duniphan, Fitzgerald
Excused:
Hunt, de Hueck
HB 1196:
to provide immunity under homeowner's insurance for day care services.
Proponents:
None
Opponents:
None
Presented by:
Representative Bill Peterson
MOTION:
DEFER HB 1196 UNTIL THE 36TH LEGISLATIVE DAY
Moved by:
Representative Volesky
Second by:
Representative Duniphan
Action:
Prevailed by roll call vote.
(12-0-1-0)
Voting yes:
Hunt, Hagg, Brown (Jarvis), Duniphan, Fitzgerald, Matthews, Rost, Solum,
Collier, Gleason, Moore, Volesky
Excused:
de Hueck
HB 1279:
to prohibit the possession of a firearm by persons convicted of certain
felony drug offenses.
Proponents:
Charlie McGuigan, Office of Attorney General
Senator Bernie Hunhoff
Presented by:
Dave Hunhoff, Sheriff, Yankton
MOTION:
DO PASS HB 1279
Moved by:
Representative Duniphan
Second by:
Representative Volesky
Action:
Prevailed by roll call vote.
(11-1-1-0)
Voting yes:
Hagg, Brown (Jarvis), Duniphan, Fitzgerald, Matthews, Rost, Solum, Collier,
Gleason, Moore, Volesky
Voting no:
de Hueck
Excused:
Hunt
MOTION:
ADJOURN
Moved by:
Representative Solum
Second by:
Representative Moore
Action:
Prevailed by voice vote.
Rhonda Purkapile
_________________________________
Committee Secretary
Roger W. Hunt, Chair
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