74th Legislative Session -- 1999

Committee: House Judiciary

                                            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.

MOTION:      TO APPROVE THE MINUTES OF January 22, 1999.

Moved by:      Representative Duniphan
Second by:      Representative Earley
Action:      Prevailed by voice vote.

          HB 1071:   revise the residency requirement for magistrate judges.

Proponents:      Mike Buenger, Unified Judicial System
Opponents:      None

MOTION:      DO PASS HB 1071

Moved by:      Representative Duniphan
Second by:      Representative Michels
Action:      Prevailed by roll call vote.   (12-0-1-0)

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Voting yes:      Duniphan, Earley, Koehn, McIntyre, Michels, Nachtigal, Slaughter, Volesky, Wilson, Young, Hunt, Brown (Jarvis)

Excused:      Fitzgerald

          SB 16:   revise certain provisions regarding receipts and reimbursement for inmate transports to the penitentiary.

Proponents:      Jeff Bloomberg, Secretary, Department of Corrections
Opponents:      None

MOTION:      DO PASS SB 16

Moved by:      Representative Duniphan
Second by:      Representative McIntyre
Action:      Prevailed by roll call vote.   (12-0-1-0)

Voting yes:      Duniphan, Earley, Koehn, McIntyre, Michels, Nachtigal, Slaughter, Volesky, Wilson, Young, Hunt, Brown (Jarvis)

Excused:      Fitzgerald

MOTION:      PLACE SB 16 ON CONSENT

Moved by:      Representative Duniphan
Second by:      Representative Michels
Action:      Prevailed by voice vote.

          SB 17:   revise certain provisions regarding the notification of victims of crime.

Proponents:      Laurie Feiler, Department of Corrections
          Chuck Schroyer, SD States Attorney's Association
Opponents:      None

MOTION:      DO PASS SB 17

Moved by:      Representative Wilson
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)

          SB 18:   allow an inmate to waive a noncompliance hearing with the Board of Pardons and Paroles.

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Proponents:      Laurie Feiler, Department of Corrections
Opponents:      None

MOTION:      DO PASS SB 18

Moved by:      Representative Volesky
Second by:      Representative Fitzgerald
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)

          HB 1021:   provide a diversion program within the office of the state's attorney for restitution on insufficient funds checks.

Proponents:      Jerry Wheeler, SD Retailer's Association (Document 1)
          Representative Jerry Apa
Opponents:      Brent Wilbur, Office of the Governor

MOTION:      DEFER HB 1021 UNTIL THE 41ST LEGISLATIVE DAY

Moved by:      Representative Michels
Second by:      Representative Earley
Action:      Prevailed by roll call vote.   (11-2-0-0)

Voting yes:      Duniphan, Earley, McIntyre, Michels, Nachtigal, Slaughter, Volesky, Wilson, Young, Hunt, Brown (Jarvis)

Voting no:      Fitzgerald, Koehn

MOTION:      SUBSTITUTE MOTION DO PASS HB 1021

Moved by:      Representative Volesky
Second by:      Representative Fitzgerald
Action:      Failed by roll call vote.   (2-11-0-0)

Voting yes:      Fitzgerald, Volesky

Voting no:      Duniphan, Earley, Koehn, McIntyre, Michels, Nachtigal, Slaughter, Wilson, Young, Hunt, Brown (Jarvis)

          HB 1025:   revise confidentiality provisions regarding Department of Social Services record information concerning abuse or neglect resulting in the fatality or near fatality of a child.

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Proponents:      Judy Hines, Department of Social Services
Opponents:      None

MOTION:      AMEND HB 1025

r-1025

     On page 3 , line 1 of the printed bill , before " if " insert " if the release of the information has been approved by the prosecutor who has commenced or who has authority to commence legal action, and, " .

     On page 3 , line 1 , after " disclosure " insert " has been authorized by the court and " .

     On page 3 , line 2 , delete " be limited to the actions " and insert " relate to the acts of child abuse or neglect " .

     On page 3 , line 3 , after " child. " insert " For the purpose of this chapter, near fatality means an act that, as certified by a physician, places the child in serious or critical condition. " .

Moved by:      Representative Hunt
Second by:      Representative Duniphan
Action:      Prevailed by voice vote.

MOTION:      DO PASS HB 1025 AS AMENDED

Moved by:      Representative Duniphan
Second by:      Representative McIntyre
Action:      Was not acted on.

MOTION:      SUBSTITUTE MOTION AMEND HB 1025

r-1025a

     On page 3 , line 3 of the printed bill , after " child. " but before the sentence added in the previous amendment, insert " However, the identity of the child may never be released. " .

Moved by:      Representative Michels
Second by:      Representative McIntyre
Action:      Prevailed by voice vote.

MOTION:      DO PASS HB 1025 AS AMENDED

Moved by:      Representative Duniphan
Second by:      Representative Volesky

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Action:      Prevailed by roll call vote.   (10-3-0-0)

Voting yes:      Duniphan, Earley, Fitzgerald, Koehn, McIntyre, Michels, Slaughter, Volesky, Hunt, Brown (Jarvis)

Voting no:      Nachtigal, Wilson, Young

MOTION:      ADJOURN

Moved by:      Representative Wilson
Second by:      Representative Hunt
Action:      Prevailed by voice vote.

Elizabeth L. Markley

Committee Secretary