73rd Legislative Session -- 1998
Committee: House Judiciary
Monday, February 23, 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 20, 1998
Moved by:
Representative Duniphan
Second by:
Representative Brown (Jarvis)
Action:
Prevailed by voice vote.
SB 214:
to expedite the release of counterfeit liens, court documents, or other
instruments on public record.
Proponents:
Rich Sattgast, SDACO, (D2)
Representative Windhorst
Mike Buenger, UJS
Presented by:
Senator Whiting (D1)
MOTION:
DO PASS SB 214
Moved by:
Representative Brown (Jarvis)
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 222:
to provide for the liability of certain prisoners confined to jail for the costs
of certain services and confinement and to provide a lien therefor.
Proponents:
Mike Leidholt, Hughes County Sheriff
Senator Brown
Chuck Schroyer, SD States Attorney Assoc.
Presented by:
Representative Diedrich
MOTION:
AMEND SB 222
r-222c
On page
1
,
line
13 of the Senate Judiciary committee engrossed bill
,
delete "
shall
"
and insert
"
may
"
.
Moved by:
Representative Moore
Second by:
Representative Matthews
Action:
Failed by voice vote.
MOTION:
DEFER SB 222 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:
Hagg, Collier, Gleason, Moore
Voting no:
Hunt, Brown (Jarvis), de Hueck, Duniphan, Fitzgerald, Matthews, Rost, Solum,
Volesky
MOTION:
SUBSTITUTE MOTION AMEND SB 222
r-222d
On page
1
,
delete lines
4
to
9 of the Senate Judiciary committee engrossed bill
, inclusive
.
Moved by:
Representative Hagg
Second by:
Representative Gleason
Action:
Failed by voice vote.
MOTION:
DO PASS SB 222
Moved by:
Representative Duniphan
Second by:
Representative Fitzgerald
Action:
Prevailed by roll call vote.
(8-5-0-0)
Voting yes:
Hunt, Brown (Jarvis), de Hueck, Duniphan, Fitzgerald, Matthews, Solum, Volesky
Voting no:
Hagg, Rost, Collier, Gleason, Moore
SB 235:
to prevent criminals from suing their victims for damages.
Proponents:
Senator Kloucek
Presented by:
Brent Wilbur, Office of the Governor
MOTION:
AMEND SB 235
r-235a
On page
1
,
line
8 of the Senate Judiciary committee engrossed bill
,
after "
omissions
"
insert "
of
the perpetrator in carrying out the crime of which convicted or
"
.
On page
1
,
line
11
,
delete "
22-16-41, 22-16-42,
"
.
Moved by:
Representative Hagg
Second by:
Representative de Hueck
Action:
Prevailed by voice vote.
MOTION:
DO PASS SB 235 AS AMENDED
Moved by:
Representative Solum
Second by:
Representative Rost
Action:
Prevailed by roll call vote.
(12-1-0-0)
Voting yes:
Hunt, Hagg, Brown (Jarvis), de Hueck, Duniphan, Fitzgerald, Matthews, Rost,
Solum, Gleason, Moore, Volesky
Voting no:
Collier
SB 220:
to prohibit any person under the age of eighteen to drive a motor vehicle
after consuming alcoholic beverages.
Proponents:
Jeff Holden, Department of Commerce and Regulation
Bill Mickelson, SD Highway Patrol
Presented by:
Senator R. Dunn
MOTION:
DEFER SB 220 UNTIL THE 36TH LEGISLATIVE DAY
Moved by:
Representative Matthews
Second by:
Representative Solum
Action:
Was not acted on.
MOTION:
SUBSTITUTE MOTION DO PASS SB 220
Moved by:
Representative Duniphan
Second by:
Representative Fitzgerald
Action:
Prevailed by roll call vote.
(7-5-1-0)
Voting yes:
Hagg, Duniphan, Fitzgerald, Rost, Collier, Gleason, Volesky
Voting no:
Hunt, Brown (Jarvis), Matthews, Solum, Moore
Excused:
de Hueck
SB 237:
to revise the grounds for jury challenges for cause.
Proponents:
Ken Melius, SDSEC
Opponents:
Jeremiah Murphy
Presented by:
Brent Wilbur, Office of the Governor
MOTION:
DEFER SB 237 UNTIL THE 36TH LEGISLATIVE DAY
Moved by:
Representative Matthews
Second by:
Representative Collier
Action:
Failed by roll call vote.
(5-6-2-0)
Voting yes:
Fitzgerald, Matthews, Collier, Gleason, Moore
Voting no:
Hunt, Brown (Jarvis), Duniphan, Rost, Solum, Volesky
Excused:
Hagg, de Hueck
MOTION:
DO PASS SB 237
Moved by:
Representative Brown (Jarvis)
Second by:
None
Action:
Died for a lack of a second
MOTION:
TO TABLE SB 237
Moved by:
Representative Moore
Second by:
Representative Collier
Action:
Prevailed by roll call vote.
(7-4-2-0)
Voting yes:
Brown (Jarvis), Fitzgerald, Matthews, Solum, Collier, Gleason, Moore
Voting no:
Hunt, Duniphan, Rost, Volesky
Excused:
Hagg, de Hueck
SB 239:
to impose legal responsibility and tort liability for environmental damages
caused by the negligent entrustment of livestock to another or negligent control or
specification of design, construction, or operational instruction of livestock
facilities.
Proponents:
Lester Moeller, SD Pork Producers
Curt Pochart, Sierra Club
Netty Meyers, Department of Environment and Natural Resources
Steve Willard, SD Cattlemen
Luanne Napton, SD Resource Commission
Jerry Biedenfeld, SD Auction Workers Assoc.
Senator Kloucek
Presented by:
Darrel Cruea, SD Department of Ag.
MOTION:
AMEND SB 239
r-239b
On page
2
,
delete lines
3
to
6 of the Senate Agriculture and Natural Resources committee
engrossed bill
, inclusive
.
Moved by:
Representative Matthews
Second by:
Representative Volesky
Action:
Failed by voice vote.
MOTION:
SUBSTITUTE MOTION AMEND SB 239
r-239a
On page
2
,
line
3 of the Senate Agriculture and Natural Resources committee engrossed bill
,
delete "
and negligently entrusts
"
.
On page
2
,
line
4
,
delete "
the possession or control of that livestock to another person
"
.
Moved by:
Representative Collier
Second by:
Representative Volesky
Action:
Failed by voice vote.
MOTION:
DO PASS SB 239
Moved by:
Representative Volesky
Second by:
Representative Duniphan
Action:
Was not acted on.
MOTION:
SUBSTITUTE MOTION AMEND SB 239
r-239
On page
2
,
line
1 of the Senate Agriculture and Natural Resources committee engrossed bill
,
before "
other
"
insert "
or
"
.
On page
2
,
line
1
,
before "
human
"
insert "
injury to
"
.
Moved by:
Representative de Hueck
Second by:
Representative Rost
Action:
Prevailed by voice vote.
MOTION:
DO PASS SB 239 AS AMENDED
Moved by:
Representative Duniphan
Second by:
Representative Rost
Action:
Prevailed by roll call vote.
(11-2-0-0)
Voting yes:
Hunt, Hagg, Brown (Jarvis), Duniphan, Fitzgerald, Matthews, Rost, Solum,
Gleason, Moore, Volesky
Voting no:
de Hueck, Collier
MOTION:
ADJOURN
Moved by:
Representative Matthews
Second by:
Representative Rost
Action:
Prevailed by voice vote.
Toni Williams
_________________________________
Committee Secretary
Roger W. Hunt, Chair
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