74th Legislative Session -- 1999
Committee: House Judiciary
Friday, February 26, 1999
P - Present
E - Excused
A - Absent
Roll Call
P
Duniphan
P
Earley
P
Fitzgerald
P
Koehn
P
McIntyre
P
Michels
P
Nachtigal
P
Slaughter
P
Volesky
P
Wilson
P
Young
P
Hunt, Vice-Chair
P
Brown (Jarvis), Chair
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Representative Jarvis Brown, Chairman.
MOTION:
TO APPROVE THE MINUTES OF WEDNESDAY, FEBRUARY 24, 1999.
Moved by:
Representative Duniphan
Second by:
Representative Earley
Action:
Prevailed by voice vote.
SB 150:
revise the elements of the crime of resisting arrest.
Proponents:
Representative Jarvis Brown
Chuck Schroyer, States Attorneys Association
Opponents:
None
Presented by:
Representative Jarvis Brown
MOTION:
AMEND SB 150
r-150a
On page
1
,
line
4 of the printed bill
,
remove the overstrikes from "
prevents or
"
.
Moved by:
Representative Michels
Second by:
Representative Duniphan
Action:
Prevailed by voice vote.
MOTION:
DO PASS SB 150 AS AMENDED
Moved by:
Representative Duniphan
Second by:
Representative Earley
Action:
Failed by roll call vote.
(6-6-1-0)
Voting yes:
Duniphan, Earley, Fitzgerald, Nachtigal, Slaughter, Brown (Jarvis)
Voting no:
Koehn, McIntyre, Michels, Volesky, Wilson, Hunt
Excused:
Young
MOTION:
DEFER SB 150 UNTIL THE 41ST LEGISLATIVE DAY
Moved by:
Representative Volesky
Second by:
Representative Koehn
Action:
Failed by roll call vote.
(6-6-1-0)
Voting yes:
Koehn, McIntyre, Nachtigal, Volesky, Wilson, Hunt
Voting no:
Duniphan, Earley, Fitzgerald, Michels, Slaughter, Brown (Jarvis)
Excused:
Young
MOTION:
TO TABLE SB 150
Moved by:
Representative Michels
Second by:
Representative Volesky
Action:
Prevailed by roll call vote.
(10-2-1-0)
Voting yes:
Fitzgerald, Koehn, McIntyre, Michels, Nachtigal, Slaughter, Volesky, Wilson, Hunt,
Brown (Jarvis)
Voting no:
Duniphan, Earley
Excused:
Young
SB 2:
provide for the recovery of certain expenses in an action brought by an
appellant relative to the assessment, allocation, or distribution of centrally assessed
property.
Proponents:
Representative Kenneth McNenny
Opponents:
John Brown, Fall River County
Presented by:
Representative Kenneth McNenny
MOTION:
DEFER SB 2 UNTIL THE 41ST LEGISLATIVE DAY
Moved by:
Representative Hunt
Second by:
Representative Michels
Action:
Prevailed by roll call vote.
(11-1-1-0)
Voting yes:
Duniphan, Earley, Fitzgerald, Koehn, McIntyre, Michels, Nachtigal, Slaughter,
Volesky, Wilson, Hunt
Voting no:
Brown (Jarvis)
Excused:
Young
SB 194:
provide certain restrictions for dealership contracts for agricultural
construction equipment.
Proponents:
Representative Kenneth McNenny
Steve Marcus, self
Jim Pfeifer, self
Joe Assman, self
David Hersrud, self
Jerry Wheeler, SD Retailers Association
Representative Bill Cerny
Jan Busse, self
Larry Mann, Butler Machinery
Brett Koenecke, Farm Equipment Dealers
Ron Schmidt, Equipment Dealers Association
Opponents:
Dave Gerdes, Case, John Deere, Caterpiller, and New Holland (Doc. 1)
Dave Moody, self
Jerry Parkin, John Deere
Bob Nielsen, Case-IH Products
Jim Lincoln, Kolberg-Pioneer
David Owen, SD Chamber of Commerce and Industry
John Knuths, self
Jerry Thomsen, self
Presented by:
Senator Charles Flowers
MOTION:
AMEND SB 194
j-194g
On page
2
,
line
11 of the Senate engrossed bill
,
delete "
national
"
.
On page
2
,
line
23
,
after "
any
"
insert "
national
"
.
Moved by:
Representative Michels
Second by:
Representative Wilson
Action:
Prevailed by voice vote.
MOTION:
AMEND SB 194
j-194f
On page
1
,
line
5 of the Senate engrossed bill
,
delete "
or construction equipment
"
and insert
"
machinery
"
.
On page
1
,
line
6
,
delete "
or
"
and insert "
machinery
"
.
On page
1
,
line
7
,
delete "
construction equipment
"
.
On page
1
,
line
7
,
delete everything after "
public
"
.
On page
1
,
delete line
8
.
On page
1
,
line
9
,
delete everything before "
;
"
.
On page
1
,
line
14
,
delete "
or construction equipment
"
and insert "
machinery
"
.
On page
1
,
delete line
16
.
On page
2
,
delete lines
1
to
4
, inclusive
.
On page
2
,
line
11
,
after "
agricultural
"
delete "
or
"
and insert "
machinery
"
.
On page
2
,
line
12
,
delete "
construction equipment
"
.
On page
2
,
line
13
,
delete "
equipment
"
and insert "
machinery
"
.
On page
2
,
line
14
,
delete "
equipment
"
and insert "
machinery
"
.
On page
2
,
line
18
,
after "
agricultural
"
delete "
or
"
and insert "
machinery
"
.
On page
2
,
line
19
,
delete "
construction equipment
"
.
On page
2
,
line
20
,
delete "
or construction equipment
"
and insert "
machinery
"
.
On page
2
,
line
22
,
delete "
or construction equipment
"
and insert "
machinery
"
.
Moved by:
Representative Michels
Second by:
Representative Earley
Action:
Prevailed by voice vote.
MOTION:
DO PASS SB 194 AS AMENDED
Moved by:
Representative Volesky
Second by:
Representative Duniphan
Action:
Was not acted on.
MOTION:
SUBSTITUTE MOTION AMEND SB 194
r-194b
On page
3
,
delete lines
6
to
9 of the Senate engrossed bill
, inclusive
.
On page
3
,
line
10
,
delete "
(3)
"
and insert "
(2)
"
.
On page
3
,
line
16
,
delete "
(4)
"
and insert "
(3)
"
.
Moved by:
Representative Wilson
Second by:
Representative Earley
Action:
Prevailed by voice vote.
MOTION:
DO PASS SB 194 AS AMENDED
Moved by:
Representative Volesky
Second by:
Representative Duniphan
Action:
Prevailed by roll call vote.
(13-0-0-0)
Voting yes:
Duniphan, Earley, Fitzgerald, Koehn, McIntyre, Michels, Nachtigal, Slaughter,
Volesky, Wilson, Young, Hunt, Brown (Jarvis)
MOTION:
ADJOURN
Moved by:
Representative Duniphan
Second by:
Representative Koehn
Action:
Prevailed by voice vote.
Elizabeth L. Markley
_________________________________
Committee Secretary
Jarvis W. Brown, Chair
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