73rd Legislative Session -- 1998
Committee: House Judiciary
Wednesday, February 11, 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 February 9, 1998
Moved by:
Representative Duniphan
Second by:
Representative Solum
Action:
Prevailed by voice vote.
HB 1311:
to revise certain provisions regarding the release of health care
information.
Proponents:
Lois Marshall, Central Plains Clinic
Dean Krogman, SD State Medical Assoc.
Presented by:
Representative Windhorst (Handouts 1,2,and 3)
MOTION:
DO PASS HB 1311 AS AMENDED
Moved by:
Representative Brown (Jarvis)
Second by:
Representative Rost
Action:
Withdrawn.
MOTION:
AMEND HB 1311
f-1311
On page
1
,
line
4 of the printed bill
,
delete "
§
§
19-13-9 to 19-13-11, inclusive, and 19-2-3
"
and
insert "
chapters 62-1 to 62-9, inclusive,
"
.
On page
1
,
line
5
,
after "
and
"
insert "
§
"
.
On page
1
,
line
7
,
delete "
, legislative,
"
.
On page
1
,
line
8
,
delete "
in response
"
.
On page
1
,
line
9
,
delete "
to the compulsory process
"
.
Moved by:
Representative Moore
Second by:
Representative Duniphan
Action:
Prevailed by voice vote.
MOTION:
DO PASS HB 1311 AS AMENDED
Moved by:
Representative Brown (Jarvis)
Second by:
Representative Rost
Action:
Was not acted on.
MOTION:
SUBSTITUTE MOTION DEFER HB 1311 UNTIL THE 36TH LEGISLATIVE
DAY
Moved by:
Representative Moore
Second by:
Representative Solum
Action:
Prevailed by roll call vote.
(11-2-0-0)
Voting yes:
Hunt, Hagg, Brown (Jarvis), de Hueck, Fitzgerald, Matthews, Solum, Collier,
Gleason, Moore, Volesky
Voting no:
Duniphan, Rost
HB 1307:
to make perpetrators of child abuse liable for Department of Social
Services' payments that are directly related to child abuse and to create a lien.
Proponents:
Judy Hines, Department of Social Services
Presented by:
Representative Jorgensen
MOTION:
AMEND HB 1307
r-1307
On page
1
,
line
15 of the printed bill
,
delete "
joint tenancy and
"
.
On page
2
,
line
6
,
delete "
whether individually or jointly
"
.
Moved by:
Representative Moore
Second by:
Representative Matthews
Action:
Was not acted on.
MOTION:
SUBSTITUTE MOTION DEFER HB 1307 UNTIL THE 36TH LEGISLATIVE
DAY
Moved by:
Representative Hagg
Second by:
Representative Duniphan
Action:
Prevailed by roll call vote.
(11-1-1-0)
Voting yes:
Hunt, Hagg, Brown (Jarvis), de Hueck, Duniphan, Fitzgerald, Matthews, Solum,
Collier, Moore, Volesky
Voting no:
Rost
Excused:
Gleason
HB 1306:
to revise reunification of a parent and child if a child has been removed
from a home and to revise termination of parental rights.
Proponents:
Representative de Hueck (Handout 4)
Presented by:
Representative Jorgensen
MOTION:
AMEND HB 1306
r-1306
On page
2
,
line
23 of the printed bill
,
after "
22-16-20,
"
delete "
22-
"
.
On page
2
,
line
24
,
delete "
16-41, 22-22-1,
"
.
On page
2
,
line
24
,
before "
;
"
insert "
or subdivision 22-22-1(1) or (2)
"
.
On page
3
,
delete lines
1
and
2
.
On page
3
,
line
4
,
after "
;
"
insert "
or
"
.
On page
3
,
delete lines
5
and
6
.
On page
3
,
line
8
,
delete "
;
"
and insert "
.
"
.
On page
3
,
delete lines
9
to
16
, inclusive
.
On page
5
,
line
2
,
after "
22-16-20,
"
delete "
22-
"
.
On page
5
,
line
3
,
delete "
16-41, 22-22-1,
"
.
On page
5
,
line
3
,
before "
;
"
insert "
or subdivision 22-22-1(1) or (2)
"
.
On page
5
,
delete lines
4
and
5
.
On page
5
,
line
7
,
after "
;
"
insert "
or
"
.
On page
5
,
delete lines
8
and
9
.
On page
5
,
line
11
,
delete "
;
"
and insert "
.
"
.
On page
5
,
delete lines
12
to
19
, inclusive
.
Moved by:
Representative de Hueck
Second by:
Representative Rost
Action:
Prevailed by voice vote.
MOTION:
DO PASS HB 1306 AS AMENDED
Moved by:
Representative de Hueck
Second by:
Representative Rost
Action:
Prevailed by roll call vote.
(12-0-1-0)
Voting yes:
Hunt, Hagg, Brown (Jarvis), de Hueck, Duniphan, Fitzgerald, Matthews, Rost,
Solum, Collier, Moore, Volesky
Excused:
Gleason
HB 1312:
to provide for an exception from the rebuttable presumption of
minimum wage employment in certain child support cases.
Proponents:
Mark Proctor
Opponents:
Dave Brain, Department of Social Services
Presented by:
Representative Collier (Handout 5)
MOTION:
AMEND HB 1312
r-1312
On page
1
,
line
13 of the printed bill
,
after "
apply
"
insert "
for a total of eight semesters
"
.
Moved by:
Representative Collier
Second by:
Representative Volesky
Action:
Prevailed by voice vote.
MOTION:
DO PASS HB 1312
Moved by:
Representative Collier
Second by:
Representative Volesky
Action:
Failed by roll call vote.
(6-5-2-0)
Voting yes:
de Hueck, Duniphan, Matthews, Collier, Moore, Volesky
Voting no:
Hunt, Hagg, Brown (Jarvis), Fitzgerald, Rost
Excused:
Solum, Gleason
MOTION:
DEFER HB 1312 UNTIL THE 36TH LEGISLATIVE DAY
Moved by:
Representative Duniphan
Second by:
Representative Hagg
Action:
Was not acted on.
MOTION:
DEFER HB 1312 UNTIL the end of the meeting
Moved by:
Representative Volesky
Second by:
Representative Matthews
Action:
Prevailed by voice vote.
HB 1321:
to revise certain provisions regarding civil liability as it relates to injuries
caused by intoxicated persons.
Proponents:
Bob Frieberg, SD Trial Lawyers Assoc.
Opponents:
Tim Dougherty, SD Retail Liquor Dealers Assoc.
Mike Shaw, National Association of Independent Insurers
Steve Brinkean
Ron Olinger, SD Retailers Assoc.
Jack McPherson, SD Retail Liquor Dealers
Dawna Leitzke Osborne, ADPMA
Brenda Foreman, SD Assoc. Of Cooperatives
John Brown, Independent Insurance Agents of SD
Presented by:
Representative Hagg
MOTION:
DEFER HB 1321 UNTIL THE 36TH LEGISLATIVE DAY
Moved by:
Representative Duniphan
Second by:
Representative Solum
Action:
Failed by roll call vote.
(6-7-0-0)
Voting yes:
Duniphan, Matthews, Solum, Gleason, Moore, Volesky
Voting no:
Hunt, Hagg, Brown (Jarvis), de Hueck, Fitzgerald, Rost, Collier
MOTION:
SUBSTITUTE MOTION DO PASS HB 1321
Moved by:
Representative Fitzgerald
Second by:
Representative Collier
Action:
Failed by roll call vote.
(5-8-0-0)
Voting yes:
Hunt, Hagg, de Hueck, Fitzgerald, Collier
Voting no:
Brown (Jarvis), Duniphan, Matthews, Rost, Solum, Gleason, Moore, Volesky
MOTION:
SUBSTITUTE MOTION AMEND HB 1321
r-1321
On page
1
,
line
6 of the printed bill
,
overstrike "
; or
"
.
On page
1
,
line
7
,
overstrike everything before "
.
"
.
On page
1
,
delete lines
13
to
15
, inclusive
.
On page
2
,
delete lines
1
to
3
, inclusive
.
Moved by:
Representative Hagg
Second by:
Representative Volesky
Action:
Was not acted on.
MOTION:
To table the amendment to HB 1321
Moved by:
Representative Matthews
Second by:
Representative Duniphan
Action:
Prevailed by roll call vote.
(7-6-0-0)
Voting yes:
Hunt, Duniphan, Matthews, Rost, Solum, Gleason, Moore
Voting no:
Hagg, Brown (Jarvis), de Hueck, Fitzgerald, Collier, Volesky
MOTION:
TO TABLE HB 1321
Moved by:
Representative Moore
Second by:
Representative Duniphan
Action:
Prevailed by roll call vote.
(8-5-0-0)
Voting yes:
Brown (Jarvis), Duniphan, Matthews, Rost, Solum, Gleason, Moore, Volesky
Voting no:
Hunt, Hagg, de Hueck, Fitzgerald, Collier
HB 1322:
to revise certain provisions pertaining to managed care for certain injured
employees under workers' compensation.
Proponents:
Ray Trankle, ICASD
Opponents:
Dick Tieszen, SD Self Insured Employers
Dan Nelson, Sioux Falls Chamber
Chuck Schroyer, American Insurance Associates
Presented by:
Representative Hagg
MOTION:
AMEND HB 1322
r-1322
On page
1
,
line
4 of the printed bill
,
delete "
are
"
and insert "
may be
"
.
Moved by:
Representative Volesky
Second by:
Representative Duniphan
Action:
Prevailed by voice vote.
MOTION:
DO PASS HB 1322 AS AMENDED
Moved by:
Representative Volesky
Second by:
Representative Hagg
Action:
Prevailed by roll call vote.
(12-1-0-0)
Voting yes:
Hunt, Hagg, Brown (Jarvis), de Hueck, Duniphan, Fitzgerald, Matthews, Rost,
Collier, Gleason, Moore, Volesky
Voting no:
Solum
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.
Presented by:
Representative Matthews
MOTION:
DO PASS HB 1213 AS AMENDED
Moved by:
Representative Brown (Jarvis)
Second by:
Representative Volesky
Action:
Prevailed by roll call vote.
(9-4-0-0)
Voting yes:
Brown (Jarvis), de Hueck, Fitzgerald, Matthews, Rost, Solum, Collier, Gleason,
Volesky
Voting no:
Hunt, Hagg, Duniphan, Moore
MOTION:
DO PASS HB 1312 AS AMENDED
Moved by:
Representative Volesky
Second by:
Representative Collier
Action:
Failed by roll call vote.
(6-7-0-0)
Voting yes:
de Hueck, Matthews, Collier, Gleason, Moore, Volesky
Voting no:
Hunt, Hagg, Brown (Jarvis), Duniphan, Fitzgerald, Rost, Solum
MOTION:
DEFER HB 1312 UNTIL THE 36TH LEGISLATIVE DAY
Moved by:
Representative Hagg
Second by:
Representative Duniphan
Action:
Was not acted on.
MOTION:
SUBSTITUTE MOTION WITHOUT RECOMMENDATION
Moved by:
Representative Moore
Second by:
Representative Matthews
Action:
Prevailed by roll call vote.
(7-6-0-0)
Voting yes:
de Hueck, Duniphan, Matthews, Collier, Gleason, Moore, Volesky
Voting no:
Hunt, Hagg, Brown (Jarvis), Fitzgerald, Rost, Solum
HB 1316:
to revise certain provisions related to drug and alcohol free zones around
schools and certain other youth-oriented facilities.
Presented by:
Brent Wilbur, Governor's Office
MOTION:
AMEND HB 1316
r-1316a
On page
1
,
line
11 of the printed bill
,
delete "
Any person who commits a violation of
§
35-9-1
within the
"
.
On page
1
,
delete line
12
.
On page
1
,
line
13
,
delete "
of a Class 6 felony.
"
.
On page
1
,
line
14
,
delete "
in the case of a Class
"
.
On page
1
,
line
15
,
delete "
4 felony and two years in the case of a Class 6 felony
"
.
Moved by:
Representative Moore
Second by:
Representative Volesky
Action:
Prevailed by voice vote.
MOTION:
DO PASS HB 1316 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
MOTION:
TO AMEND TITLE OF HB 1316
r-1316t
On page
1
,
line
1 of the printed bill
,
delete "
and alcohol
"
.
Moved by:
Representative Moore
Second by:
Representative Gleason
Action:
Prevailed by voice vote.
MOTION:
ADJOURN
Moved by:
Representative Fitzgerald
Second by:
Representative Collier
Action:
Prevailed by voice vote.
Toni Williams
_________________________________
Committee Secretary
Roger W. Hunt, Chair
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