73rd Legislative Session -- 1998
Committee: House Judiciary
Wednesday, February 18, 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
SB 218:
to provide for a Limited Liability Company Act.
Proponents:
Dick Gregerson, Dow Elanco
Presented by:
Tom Barnett, State Bar of SD
MOTION:
AMEND SB 218
r-218d
On page
55
,
delete line
11 of the Senate Judiciary committee engrossed bill
,
and insert:
"
Section 1204. Whereas, this Act is necessary for the support of the state government and its
existing public institutions, an emergency is hereby declared to exist, and this Act shall be in full
force and effect from and after its passage and approval.
"
On page
56
,
line
7
,
delete "
reservation
"
and insert "
registration
"
.
Moved by:
Representative Duniphan
Second by:
Representative Fitzgerald
Action:
Prevailed by voice vote.
MOTION:
DO PASS SB 218 AS AMENDED
Moved by:
Representative Duniphan
Second by:
Representative Gleason
Action:
Prevailed by roll call vote.
(11-0-2-0)
Voting yes:
Hunt, Hagg, Brown (Jarvis), Duniphan, Fitzgerald, Matthews, Rost, Solum,
Collier, Gleason, Volesky
Excused:
de Hueck, Moore
MOTION:
TO AMEND TITLE OF SB 218
r-218t
On page
1
,
line
1 of the Senate Judiciary committee engrossed bill
,
after "
Act
"
insert "
and to
declare an emergency
"
.
Moved by:
Representative Solum
Second by:
Representative Fitzgerald
Action:
Prevailed by voice vote.
SB 215:
to revise certain provisions fixing the compensation of certain court
appointed counsel and expert witnesses.
Proponents:
Mark Barnett, Attorney General
Opponents:
Bob Freeberg, SD Trial Lawyers Assoc.
Senator Albers
Presented by:
Tom Barnett, State Bar of SD
MOTION:
DEFER SB 215 UNTIL after SB 85 has been heard
Moved by:
Representative Volesky
Second by:
Representative Fitzgerald
Action:
Prevailed by voice vote.
SB 85:
to limit the number of court-appointed attorneys and experts and the amount
of money that can be paid to them for an indigent criminal defendant.
Proponents:
Senator Albers
Scott Abdallah, Lincoln Co. States Attorney (D1 and D2)
Chuck Schroyer, States Attorney Assoc.
Opponents:
Jeff Larson, SD Trial Lawyers Assoc. (D3)
Dick Casey (D4), State Bar
Tom Barnett, State Bar
Ken Meyer, SD Peace and Justice Center
Presented by:
Representative Broderick
MOTION:
DEFER SB 85 UNTIL THE 36TH LEGISLATIVE DAY
Moved by:
Representative Collier
Second by:
Representative Moore
Action:
Prevailed by roll call vote.
(9-3-1-0)
Voting yes:
Hunt, Brown (Jarvis), de Hueck, Matthews, Rost, Solum, Collier, Gleason, Moore
Voting no:
Duniphan, Fitzgerald, Volesky
Excused:
Hagg
MOTION:
DEFER SB 215 UNTIL THE 36TH LEGISLATIVE DAY
Moved by:
Representative Moore
Second by:
Representative Collier
Action:
Prevailed by roll call vote.
(9-3-1-0)
Voting yes:
Hunt, Brown (Jarvis), de Hueck, Matthews, Rost, Solum, Collier, Gleason, Moore
Voting no:
Duniphan, Fitzgerald, Volesky
Excused:
Hagg
MOTION:
SUBSTITUTE MOTION DO PASS SB 215
Moved by:
Representative Duniphan
Second by:
Representative Fitzgerald
Action:
Failed by roll call vote.
(2-10-1-0)
Voting yes:
Duniphan, Fitzgerald
Voting no:
Hunt, Brown (Jarvis), de Hueck, Matthews, Rost, Solum, Collier, Gleason, Moore,
Volesky
Excused:
Hagg
SB 105:
to permit evidence of similar crimes in prosecutions for child molestation.
Proponents:
Judge John Erickson (D5)
Chuck Schroyer, SD States Attorney Assoc.
MOTION:
DO PASS SB 105
Moved by:
Representative Volesky
Second by:
Representative Duniphan
Action:
Prevailed by roll call vote.
(10-2-1-0)
Voting yes:
Brown (Jarvis), de Hueck, Duniphan, Fitzgerald, Matthews, Rost, Solum, Gleason,
Moore, Volesky
Voting no:
Hunt, Collier
Excused:
Hagg
SB 106:
to permit evidence of similar crimes in prosecutions for sexual assault.
Proponents:
Judge John Erickson (D5)
Chuck Schroyer, SD State's Attorney
MOTION:
DO PASS SB 106
Moved by:
Representative Volesky
Second by:
Representative Duniphan
Action:
Prevailed by roll call vote.
(10-2-1-0)
Voting yes:
Brown (Jarvis), de Hueck, Duniphan, Fitzgerald, Matthews, Rost, Solum, Gleason,
Moore, Volesky
Voting no:
Hunt, Collier
Excused:
Hagg
SB 107:
to permit evidence of prior sexual assault or child molestation offenses in
certain civil actions.
Proponents:
Judge John Erickson, (D5)
MOTION:
DO PASS SB 107
Moved by:
Representative Duniphan
Second by:
Representative Fitzgerald
Action:
Prevailed by roll call vote.
(9-3-1-0)
Voting yes:
Brown (Jarvis), de Hueck, Duniphan, Fitzgerald, Matthews, Rost, Solum, Gleason,
Volesky
Voting no:
Hunt, Collier, Moore
Excused:
Hagg
SB 236:
to revise certain provisions regarding trusts and estates.
Presented by:
Richard Duncan, (D6 and D7), Banking Division
Chairman Hunt deferred SB 236 UNTIL evening meeting
MOTION:
To recess until 8:00 PM, February 18, 1998
Moved by:
Representative Brown (Jarvis)
Second by:
Representative Moore
Action:
Prevailed by voice vote.
Chairman Hunt reconvened the meeting at 8:00 PM
SB 236:
to revise certain provisions regarding trusts and estates.
Proponents:
Richard Duncan, Banking Division
Jeremiah Murphy
MOTION:
DO PASS SB 236
Moved by:
Representative Brown (Jarvis)
Second by:
Representative Gleason
Action:
Prevailed by roll call vote.
(10-2-1-0)
Voting yes:
Hunt, Brown (Jarvis), Duniphan, Fitzgerald, Matthews, Rost, Solum, Gleason,
Moore, Volesky
Voting no:
de Hueck, Collier
Excused:
Hagg
SB 144:
to increase the maximum fees allowed for serving the notice of intention
to take tax deed.
Presented by:
Senator Aker
MOTION:
DO PASS SB 144
Moved by:
Representative Duniphan
Second by:
Representative de Hueck
Action:
Prevailed by roll call vote.
(12-0-1-0)
Voting yes:
Hunt, Brown (Jarvis), de Hueck, Duniphan, Fitzgerald, Matthews, Rost, Solum,
Collier, Gleason, Moore, Volesky
Excused:
Hagg
SB 145:
to revise the procedure for serving lienholders.
Presented by:
Senator Aker
MOTION:
DO PASS SB 145
Moved by:
Representative de Hueck
Second by:
Representative Duniphan
Action:
Prevailed by roll call vote.
(12-0-1-0)
Voting yes:
Hunt, Brown (Jarvis), de Hueck, Duniphan, Fitzgerald, Matthews, Rost, Solum,
Collier, Gleason, Moore, Volesky
Excused:
Hagg
SB 178:
to revise certain provisions related to involuntary commitment for alcohol
or drug treatment.
Proponents:
Rebeccah (a minor)
Deb Bowman, Governor's Office
Gib Sudbeck, (D8), DHS
Opponents:
Thelma Underberg, SD National Abortion and Reproductive Action League.
Presented by:
Senator Everist
MOTION:
AMEND SB 178
r-178
On page
2
,
line
3 of the printed bill
,
after "
himself
"
insert "
or herself
"
.
Moved by:
Representative Moore
Second by:
Representative Solum
Action:
Prevailed by voice vote.
MOTION:
DO PASS SB 178 AS AMENDED
Moved by:
Representative Duniphan
Second by:
Representative Rost
Action:
Prevailed by roll call vote.
(9-3-1-0)
Voting yes:
Hunt, Brown (Jarvis), Duniphan, Fitzgerald, Matthews, Rost, Solum, Gleason,
Volesky
Voting no:
de Hueck, Collier, Moore
Excused:
Hagg
SB 206:
to revise certain provisions regarding the disposition of seized controlled
weapons and firearms.
Proponents:
Steve Willard, SD Sheriffs and Police Chiefs
Presented by:
Representative Pummel
MOTION:
DO PASS SB 206
Moved by:
Representative Moore
Second by:
Representative Duniphan
Action:
Prevailed by roll call vote.
(12-0-1-0)
Voting yes:
Hunt, Brown (Jarvis), de Hueck, Duniphan, Fitzgerald, Matthews, Rost, Solum,
Collier, Gleason, Moore, Volesky
Excused:
Hagg
SB 225:
to revise certain provisions relating to workers' compensation during a
period of rehabilitation.
Proponents:
Larry Mann, (D9), Homestake Mining Co.
Dick Tieszen, (D10), Assoc. School Boards of SD
Mike Shaw, National Assoc. Of Independent Insurers
Ray Trankle, Industry and Commerce
Opponents:
Representative Koetzle
Paul Aylward, AFL-CIO and AFSCME
James Marsh
Presented by:
Representative Jorgensen
MOTION:
AMEND SB 225
r-225
On page
1
,
line
14 of the Senate State Affairs committee engrossed bill
,
delete "
:
"
and insert
"
evidence
"
.
On page
1
,
line
15
,
delete "
(1) Evidence
"
.
On page
2
,
line
1
,
delete "
; or
"
and insert "
.
"
.
On page
2
,
delete line
2
.
Moved by:
Representative Matthews
Second by:
Representative Duniphan
Action:
Prevailed by voice vote.
MOTION:
DO PASS SB 225 AS AMENDED
Moved by:
Representative Duniphan
Second by:
Representative Matthews
Action:
Failed by roll call vote.
(6-5-2-0)
Voting yes:
Hunt, Duniphan, Fitzgerald, Matthews, Rost, Solum
Voting no:
Brown (Jarvis), Collier, Gleason, Moore, Volesky
Excused:
Hagg, de Hueck
MOTION:
SUBSTITUTE MOTION DEFER SB 225 UNTIL THE 36TH LEGISLATIVE
DAY
Moved by:
Representative Moore
Second by:
Representative Collier
Action:
Was not acted on.
MOTION:
To table the substitute motion to defer SB 225 to the 36th legislative day
Moved by:
Representative Matthews
Second by:
Representative Duniphan
Action:
Prevailed by voice vote.
MOTION:
TO TABLE SB 225
Moved by:
Representative Moore
Second by:
Representative Gleason
Action:
Failed by roll call vote.
(5-6-2-0)
Voting yes:
Brown (Jarvis), Collier, Gleason, Moore, Volesky
Voting no:
Hunt, Duniphan, Fitzgerald, Matthews, Rost, Solum
Excused:
Hagg, de Hueck
MOTION:
DEFER SB 225 UNTIL February 20, 1998
Moved by:
Representative Collier
Second by:
Representative Volesky
Action:
Prevailed by voice vote.
SB 227:
to require training in parenting skills for certain persons.
Proponents:
Judy Hines, Department of Social Services
Presented by:
Deb Bowman, Governor's Office
MOTION:
DO PASS SB 227
Moved by:
Representative Solum
Second by:
Representative Fitzgerald
Action:
Prevailed by roll call vote.
(10-1-2-0)
Voting yes:
Hunt, Brown (Jarvis), Duniphan, Fitzgerald, Matthews, Rost, Solum, Gleason,
Moore, Volesky
Voting no:
Collier
Excused:
Hagg, de Hueck
SB 139:
to clarify the scope and composition of peer review committees entitled
to limited good faith immunity from civil liability for committee actions.
Proponents:
Dave Gerdes, State Medical Assoc.
Dave Hewett, SDAHO
MOTION:
DO PASS SB 139
Moved by:
Representative Solum
Second by:
Representative Rost
Action:
Prevailed by roll call vote.
(7-2-4-0)
Voting yes:
Brown (Jarvis), Duniphan, Fitzgerald, Matthews, Rost, Solum, Gleason
Voting no:
Hunt, Collier
Excused:
Hagg, de Hueck, Moore, Volesky
MOTION:
ADJOURN
Moved by:
Representative Solum
Second by:
Representative Fitzgerald
Action:
Prevailed by voice vote.
Toni Williams
_________________________________
Committee Secretary