73rd Legislative Session -- 1998
Committee: House Judiciary
Saturday, February 14, 1998
P - Present
E - Excused
A - Absent
Roll Call
E
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 Vice-chair Hagg
MOTION:
TO APPROVE THE MINUTES OF February 13, 1998
Moved by:
Representative Duniphan
Second by:
Representative Rost
Action:
Prevailed by voice vote.
SB 104:
to specify certain duties and the authority of persons assigned by law
enforcement agencies to investigate traffic accidents.
Proponents:
Steve Willard, SD Police Chiefs
Presented by:
Representative Duniphan
MOTION:
DO PASS SB 104
Moved by:
Representative Matthews
Second by:
Representative Brown (Jarvis)
Action:
Prevailed by roll call vote.
(11-0-2-0)
Voting yes:
Hagg, Brown (Jarvis), de Hueck, Duniphan, Fitzgerald, Matthews, Rost, Solum,
Collier, Gleason, Moore
Excused:
Hunt, Volesky
SB 113:
to revise certain provisions relating to the abatement and punishment of
certain common nuisances involving alcoholic beverages.
Proponents:
Chuck Schroyer, SD State's Attorney
Presented by:
Senator Daugaard
MOTION:
DO PASS SB 113
Moved by:
Representative Matthews
Second by:
Representative Solum
Action:
Failed by roll call vote.
(6-5-2-0)
Voting yes:
Hagg, Duniphan, Fitzgerald, Matthews, Solum, Volesky
Voting no:
Brown (Jarvis), Rost, Collier, Gleason, Moore
Excused:
Hunt, de Hueck
MOTION:
SUBSTITUTE MOTION DEFER SB 113 UNTIL THE 36TH LEGISLATIVE
DAY
Moved by:
Representative Moore
Second by:
Representative Collier
Action:
Failed by roll call vote.
(5-6-2-0)
Voting yes:
Brown (Jarvis), Rost, Collier, Gleason, Moore
Voting no:
Hagg, Duniphan, Fitzgerald, Matthews, Solum, Volesky
Excused:
Hunt, de Hueck
MOTION:
TO TABLE SB 113
Moved by:
Representative Moore
Second by:
Representative Collier
Action:
Failed by roll call vote.
(5-6-2-0)
Voting yes:
Brown (Jarvis), Rost, Collier, Gleason, Moore
Voting no:
Hagg, Duniphan, Fitzgerald, Matthews, Solum, Volesky
Excused:
Hunt, de Hueck
Vice-Chair Hagg deferred SB 113 UNTIL February 17, 1998
SB 96:
to prohibit assaults by any person held in a county or municipal jail or a
juvenile detention facility.
Presented by:
Senator Vitter
MOTION:
AMEND SB 96
r-96
On page
1
,
line
5 of the printed bill
,
after "jail"
delete "
or
"
.
On page
1
,
line
6
,
delete "
in a juvenile detention facility
"
.
On page
1
,
line
8
,
delete "
or juvenile detention facility
"
.
On page
1
,
line
9
,
delete "
or juvenile detention facility
"
.
On page
1
,
line
10
,
delete "
or juvenile detention facility
"
.
Moved by:
Representative Moore
Second by:
Representative Gleason
Action:
Failed by voice vote.
MOTION:
SUBSTITUTE MOTION AMEND SB 96
r-96a
On page
1
,
line
5 of the printed bill
,
after "
and
"
insert "
, other than a child in need of
supervision,
"
.
Moved by:
Representative Matthews
Second by:
Representative Fitzgerald
Action:
Failed by voice vote.
MOTION:
AMEND SB 96
r-96b
On page
1
,
line
10 of the printed bill
,
overstrike "
Class 6 felony
"
and insert "
Class 1
misdemeanor
"
.
Moved by:
Representative Volesky
Second by:
Representative Brown (Jarvis)
Action:
Prevailed by voice vote.
MOTION:
SUBSTITUTE MOTION AMEND SB 96
r-96c
On page
1
,
line
10 of the printed bill
,
overstrike "
Class 6 felony
"
and insert "
Class 2
misdemeanor
"
.
Moved by:
Representative Moore
Second by:
None
Action:
Died for a lack of a second
MOTION:
DO PASS SB 96 AS AMENDED
Moved by:
Representative Solum
Second by:
Representative Fitzgerald
Action:
Prevailed by roll call vote.
(7-3-3-0)
Voting yes:
Hagg, Brown (Jarvis), Fitzgerald, Matthews, Rost, Solum, Volesky
Voting no:
Collier, Gleason, Moore
Excused:
Hunt, de Hueck, Duniphan
MOTION:
SUBSTITUTE MOTION DEFER SB 96 UNTIL THE 36TH LEGISLATIVE DAY
Moved by:
Representative Moore
Second by:
Representative Volesky
Action:
Failed by roll call vote.
(4-6-3-0)
Voting yes:
Collier, Gleason, Moore, Volesky
Voting no:
Hagg, Brown (Jarvis), Fitzgerald, Matthews, Rost, Solum
Excused:
Hunt, de Hueck, Duniphan
SB 54:
to revise the definition of real estate salesperson.
Proponents:
Dean Krogman, SD Assoc. Of Realtors
Presented by:
Larry Lynstad, Real-estate Commission
MOTION:
AMEND SB 54
r-54
On page
1
,
delete the underscored material on lines
7 and 8 of the printed bill
.
Moved by:
Representative Collier
Second by:
Representative Rost
Action:
Prevailed by voice vote.
MOTION:
DO PASS SB 54 AS AMENDED
Moved by:
Representative Gleason
Second by:
Representative Brown (Jarvis)
Action:
Prevailed by roll call vote.
(10-1-2-0)
Voting yes:
Hagg, Brown (Jarvis), de Hueck, Fitzgerald, Matthews, Rost, Solum, Collier,
Gleason, Moore
Voting no:
Volesky
Excused:
Hunt, Duniphan
SB 132:
to revise certain provisions regarding the perfecting of liens created by
unpaid child support.
Proponents:
Van Johnson, SDADA
Dave Braun, Department of Social Services
Presented by:
Representative Konold
MOTION:
DO PASS SB 132
Moved by:
Representative Brown (Jarvis)
Second by:
Representative Rost
Action:
Prevailed by roll call vote.
(11-0-2-0)
Voting yes:
Hagg, Brown (Jarvis), de Hueck, Fitzgerald, Matthews, Rost, Solum, Collier,
Gleason, Moore, Volesky
Excused:
Hunt, Duniphan
SB 150:
to adopt and amend certain provisions of the Uniform Commercial Code
relating to letters of credit.
Presented by:
Tom Adam, SD Bankers Assoc. (Handout 1)
MOTION:
DO PASS SB 150
Moved by:
Representative Solum
Second by:
Representative Brown (Jarvis)
Action:
Prevailed by roll call vote.
(11-0-2-0)
Voting yes:
Hagg, Brown (Jarvis), de Hueck, Fitzgerald, Matthews, Rost, Solum, Collier,
Gleason, Moore, Volesky
Excused:
Hunt, Duniphan
SB 154:
to adopt and amend certain provisions of the Uniform Commercial Code
relating to investment securities.
Proponents:
Deb Bolinger, Director of Division of Securities
Tom Barnett,State Bar
Dick Gregerson, Uniform Laws Commission
Presented by:
Tom Adam, SD Bankers Assoc.(Handout 2)
MOTION:
AMEND SB 154
r-154
On page
5
,
line
15 of the printed bill
,
after "
57A-8-103.
"
insert "
In this chapter:
"
.
Moved by:
Representative Volesky
Second by:
Representative Solum
Action:
Prevailed by voice vote.
MOTION:
DO PASS SB 154 AS AMENDED
Moved by:
Representative Solum
Second by:
Representative Rost
Action:
Prevailed by roll call vote.
(11-0-2-0)
Voting yes:
Hagg, Brown (Jarvis), de Hueck, Fitzgerald, Matthews, Rost, Solum, Collier,
Gleason, Moore, Volesky
Excused:
Hunt, Duniphan
MOTION:
TO AMEND TITLE OF SB 154
r-154t
On page
1
,
line
2 of the printed bill
,
after "
securities
"
insert "
, including substantive amendments
to Article 9 of the Uniform Commercial Code
"
.
Moved by:
Representative Solum
Second by:
Representative de Hueck
Action:
Prevailed by voice vote.
SB 133:
to provide for felony enhancement for third offense simple assault.
Proponents:
Representative Cutler
Vicki Wicks, Brown Co. Victims Assoc.(Handout 3)
Georgia Sandmeier, Resource Center for Women
Charlie McGuigan, Attorney General
Chuck Schroyer, SD States Attorney
Rep. Brown
Presented by:
Senator Lawler
MOTION:
DO PASS SB 133
Moved by:
Representative Volesky
Second by:
Representative Fitzgerald
Action:
Prevailed by roll call vote.
(9-2-2-0)
Voting yes:
Brown (Jarvis), de Hueck, Fitzgerald, Matthews, Rost, Solum, Gleason, Moore,
Volesky
Voting no:
Hagg, Collier
Excused:
Hunt, Duniphan
MOTION:
ADJOURN
Moved by:
Representative de Hueck
Second by:
Representative Fitzgerald
Action:
Prevailed by voice vote.
Toni Williams
_________________________________
Committee Secretary
Rex Hagg, Vice-Chair
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