73rd Legislative Session -- 1998

Committee: House Judiciary

                                            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 Amend the minutes of the February 6, 1998 meeting, on page 5 it should read; Chairman Hunt deferred action on HB 1306 until February 11, 1998.

Moved by:      Representative Duniphan
Second by:      Representative Matthews
Action:      Prevailed by voice vote.

MOTION:      TO APPROVE THE MINUTES OF February 6, 1998

Moved by:      Representative Duniphan
Second by:      Representative Matthews
Action:      Prevailed by voice vote.

          HB 1316:   to revise certain provisions related to drug and alcohol free zones around schools and certain other youth-oriented facilities.

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Proponents:      Karon Schaack, Dept. Of Education and Cultural Affairs
          Jan Nicolay, Sioux Falls School District
          Clark Quiring, Sioux Falls Chief of Police
          Gene Enck, School Board Assoc.
        Bill Mickelson, SD Highway Patrol
        Steve Willard, SD Sheriffs and SD Police Chiefs
        Gib Sudbeck, Department of Human Services
Opponents:      Bob Riter, SD Beer Wholesalers

MOTION:      AMEND HB 1316

r-1316

     On page 1 , line 11 of the printed bill , delete everything after " felony. "

     On page 1 , delete line 12 .

     On page 1 , line 13 , delete " of a Class 6 felony. " .

     On page 1 , line 15 , delete " and two years in the case of a Class 6 felony " .

Moved by:      Representative Moore
Second by:      Representative Collier
Action:      Failed by voice vote.

MOTION:      TO TABLE HB 1316

Moved by:      Representative Moore
Second by:      Representative Collier
Action:      Failed by roll call vote.   (5-8-0-0)

Voting yes:      Brown (Jarvis), de Hueck, Collier, Gleason, Moore

Voting no:      Hunt, Hagg, Duniphan, Fitzgerald, Matthews, Rost, Solum, Volesky

MOTION:      DO PASS HB 1316

Moved by:      Representative Duniphan
Second by:      Representative Solum
Action:      Was not acted on.

     Representative Moore requested a fiscal note

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     Chairman Hunt deferred HB 1316 UNTIL February 11, 1998


          HB 1315:   to revise certain provisions relating to comparative negligence.

Proponents:      Mike Buenger, Unified Judicial System
          Tom Barnett, The State Bar of SD
          Bob Freeberg, SD Trial Lawyers Assoc.
Opponents:      Melissa O'Rourke
          Bob Riter, National Federation of Independent Business
          Dave Gerdes,SD State Medical Assoc. (Handout 1)
          Malcolm McKillup, Associated School Board
          Dick Gregerson, Industry and Commerce
        Ron Olinger, SD Retailers Assoc.

MOTION:      DO PASS HB 1315

Moved by:      Representative Collier
Second by:      Representative Hagg
Action:      Prevailed by roll call vote.   (7-6-0-0)

Voting yes:      Hagg, Brown (Jarvis), de Hueck, Duniphan, Solum, Collier, Gleason

Voting no:      Hunt, Fitzgerald, Matthews, Rost, Moore, Volesky

MOTION:      SUBSTITUTE MOTION DEFER HB 1315 UNTIL THE 36TH LEGISLATIVE DAY

Moved by:      Representative Matthews
Second by:      Representative Fitzgerald
Action:      Failed by roll call vote.   (5-8-0-0)

Voting yes:      Hunt, Fitzgerald, Matthews, Rost, Moore

Voting no:      Hagg, Brown (Jarvis), de Hueck, Duniphan, Solum, Collier, Gleason, Volesky

MOTION:      SUBSTITUTE MOTION AMEND HB 1315

j-1315

     On page 1 , after line 14 of the printed bill , insert:

"     Section 2. That § 15-8-15.1 be amended to read as follows:

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     15-8-15.1.   If the court enters judgment against any party liable on the basis of joint and several liability, any the party who is allocated less than fifty percent of the total fault allocated to all the parties may not be jointly liable for more than twice the percentage of fault allocated to that party. "

Moved by:      Representative Matthews
Second by:      Representative Volesky
Action:      Failed by voice vote.

MOTION:      SUBSTITUTE MOTION AMEND HB 1315

j-1315b

     On page 1 , line 14 of the printed bill , after " negligence " insert " . The provisions of this section specifically apply to any action for product liability " .

Moved by:      Representative Matthews
Second by:      Representative Moore
Action:      Failed by voice vote.

MOTION:      TO TABLE HB 1315

Moved by:      Representative Matthews
Second by:      Representative Fitzgerald
Action:      Failed by roll call vote.   (6-7-0-0)

Voting yes:      Hunt, Fitzgerald, Matthews, Rost, Moore, Volesky

Voting no:      Hagg, Brown (Jarvis), de Hueck, Duniphan, Solum, Collier, Gleason

MOTION:      ADJOURN

Moved by:      Representative Solum
Second by:      Representative Fitzgerald
Action:      Prevailed by voice vote.

Toni Williams

Committee Secretary