73rd Legislative Session -- 1998
Committee: House Judiciary
Friday, February 20, 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 18, 1998
Moved by:
Representative Fitzgerald
Second by:
Representative Duniphan
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.
MOTION:
DO PASS SB 85
Moved by:
Representative Duniphan
Second by:
Representative Fitzgerald
Action:
Was not acted on.
MOTION:
SUBSTITUTE MOTION DO NOT PASS SB 85
Moved by:
Representative Matthews
Second by:
Representative Moore
Action:
Prevailed by roll call vote.
(11-1-1-0)
Voting yes:
Hunt, Hagg, Brown (Jarvis), Fitzgerald, Matthews, Rost, Solum, Collier, Gleason,
Moore, Volesky
Voting no:
Duniphan
Excused:
de Hueck
SB 177:
to revise and clarify certain provisions concerning the regulation of
pornography and obscenity.
Proponents:
Representative Hunt
John Paulton, SD Family Policy Council
Cindy Flakole, Concerned Women for America
Rita Houglum, SD Eagle Forum
Opponents:
Dick Gregerson, SD Newspaper Assoc.
Jeff Logan
Jerry Wheeler, SD Retailers Assoc.
Warren May, Motion Picture Assoc.
Brent Wilbur
Presented by:
Senator Aker
MOTION:
DO PASS SB 177
Moved by:
Representative Hunt
Second by:
Representative Fitzgerald
Action:
Prevailed by roll call vote.
(9-3-1-0)
Voting yes:
Hunt, Brown (Jarvis), de Hueck, Duniphan, Fitzgerald, Matthews, Rost, Solum,
Volesky
Voting no:
Collier, Gleason, Moore
Excused:
Hagg
MOTION:
SUBSTITUTE MOTION AMEND SB 177
r-177a
On page
1
,
line
14 of the Senate engrossed bill
,
overstrike "
eighteen
"
and insert "
sixteen
"
.
Moved by:
Representative Moore
Second by:
Representative Brown (Jarvis)
Action:
Failed by voice vote.
SB 110:
to define the brokerage relationships available between real estate
licensees and buyers, sellers, landlords, or tenants in real estate transactions, to
establish the obligations owed by real estate licensees to parties to real estate
transactions, and to establish certain disclosure requirements for real estate
licensees.
Proponents:
Dean Krogman, SD Assoc. Of Realtors
Larry Lynstad, Real Estate Commission
Representative Konold
Opponents:
Representative Hunt
Bill Meyers
Presented by:
Senator Rounds
MOTION:
AMEND SB 110
j-110
On page
12
,
line
2 of the printed bill
,
after "
;
"
delete "
and
"
.
On page
12
,
line
4
,
delete "
.
"
and insert "
; and
(6) To disclose to the customer all adverse material facts known by the licensee.
"
.
Moved by:
Representative Solum
Second by:
Representative Collier
Action:
Prevailed by voice vote.
MOTION:
DO PASS SB 110 AS AMENDED
Moved by:
Representative Brown (Jarvis)
Second by:
Representative Solum
Action:
Prevailed by roll call vote.
(10-3-0-0)
Voting yes:
Brown (Jarvis), de Hueck, Duniphan, Fitzgerald, Matthews, Solum, Collier,
Gleason, Moore, Volesky
Voting no:
Hunt, Hagg, Rost
SB 225:
to revise certain provisions relating to workers' compensation during a
period of rehabilitation.
MOTION:
DO PASS SB 225 AS AMENDED
Moved by:
Representative Duniphan
Second by:
Representative Matthews
Action:
Prevailed by roll call vote.
(7-6-0-0)
Voting yes:
Hunt, Brown (Jarvis), Duniphan, Fitzgerald, Matthews, Rost, Solum
Voting no:
Hagg, de Hueck, Collier, Gleason, Moore, Volesky
SB 113:
to revise certain provisions relating to the abatement and punishment of
certain common nuisances involving alcoholic beverages.
Proponents:
Chuck Schroyer, States Attorney Assoc.
Mark Smith, Hughes Co. States Attorney
MOTION:
AMEND SB 113
r-113
On the printed bill,
delete everything after the enacting clause and insert:
"
Section 1.That chapter 35-10 be amended by adding thereto a NEW SECTION to read as
follows:
Any person who keeps, maintains, or uses any structure, conveyance, or place where alcoholic
beverages are manufactured, sold, kept, bartered, given away, found, consumed, or used in violation
of the laws of the state, relating to alcoholic beverages, whether through a course of conduct or by
a single incident, is guilty of a Class 1 misdemeanor.
"
Moved by:
Representative Duniphan
Second by:
Representative de Hueck
Action:
Prevailed by voice vote.
MOTION:
DO PASS SB 113 AS AMENDED
Moved by:
Representative Matthews
Second by:
Representative Hagg
Action:
Prevailed by roll call vote.
(10-3-0-0)
Voting yes:
Hunt, Hagg, Brown (Jarvis), de Hueck, Duniphan, Fitzgerald, Matthews, Rost,
Solum, Volesky
Voting no:
Collier, Gleason, Moore
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.
(4-9-0-0)
Voting yes:
Collier, Gleason, Moore, Volesky
Voting no:
Hunt, Hagg, Brown (Jarvis), de Hueck, Duniphan, Fitzgerald, Matthews, Rost,
Solum
MOTION:
TO AMEND TITLE OF SB 113
r-113t
On page
1
,
line
1 of the printed bill
,
delete everything after "
to
"
and insert "
provide for a penalty
for certain conduct with regard to alcoholic beverages.
"
.
On page
1
,
delete line
2
.
Moved by:
Representative de Hueck
Second by:
Representative Duniphan
Action:
Prevailed by voice vote.
MOTION:
ADJOURN
Moved by:
Representative Duniphan
Second by:
Representative Rost
Action:
Prevailed by voice vote.
Toni Williams
_________________________________
Committee Secretary
Roger W. Hunt, Chair
../02200745.HJU Page 1