74th Legislative Session -- 1999
Committee: House Judiciary
Monday, February 1, 1999
P - Present
E - Excused
A - Absent
Roll Call
E
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 FEBRUARY 1, 1999.
Moved by:
Representative Slaughter
Second by:
Representative Hunt
Action:
Prevailed by voice vote.
HB 1217:
revise the procedure for determining the period of time that has elapsed
for a person who was previously convicted of driving under the influence.
Proponents:
Representative Tom Hennies
Opponents:
None
MOTION:
AMEND HB 1217
r-1217a
On page
1
,
line
9 of the printed bill
,
delete "
five-year
"
.
On page
1
,
line
9
,
after "
period
"
insert "
provided in this section
"
.
Moved by:
Representative Wilson
Second by:
Representative Koehn
Action:
Prevailed by voice vote.
MOTION:
DO PASS HB 1217 AS AMENDED
Moved by:
Representative Earley
Second by:
Representative Fitzgerald
Action:
Prevailed by roll call vote.
(11-0-2-0)
Voting yes:
Earley, Fitzgerald, Koehn, McIntyre, Michels, Nachtigal, Slaughter, Wilson,
Young, Hunt, Brown (Jarvis)
Excused:
Duniphan, Volesky
HB 1183:
revise certain provisions regarding consumer installment sales contracts.
Proponents:
Representative Burdette Solum
John Brown, Consumer Finance Assn. Of SD
Van Johnson, Executive Vice-President, SD Auto Dealers Association
Opponents:
None
MOTION:
AMEND HB 1183
r-1183
On page
4
,
delete lines
15
to
22 of the printed bill
, inclusive
.
Moved by:
Representative Wilson
Second by:
Representative Michels
Action:
Prevailed by voice vote.
MOTION:
SUBSTITUTE MOTION AMEND HB 1183
r-1183a
On page
4
,
line
18 of the printed bill
,
remove the overstrikes from "
not in excess of five percent
of each installment or five
"
.
On page
4
,
delete line
19
,
and insert "
dollars, whichever is greater.
"
.
Moved by:
Representative Michels
Second by:
Representative Hunt
Action:
Failed by voice vote.
MOTION:
DEFER HB 1183 UNTIL THE 41ST LEGISLATIVE DAY
Moved by:
Representative Koehn
Second by:
Representative Wilson
Action:
Failed by voice vote.
MOTION:
DO PASS HB 1183 AS AMENDED
Moved by:
Representative Hunt
Second by:
Representative Earley
Action:
Prevailed by roll call vote.
(7-5-1-0)
Voting yes:
Earley, Fitzgerald, McIntyre, Michels, Slaughter, Hunt, Brown (Jarvis)
Voting no:
Koehn, Nachtigal, Volesky, Wilson, Young
Excused:
Duniphan
HB 1186:
restrict the access of minors to obscene materials on certain public access
computers and to limit liability for certain related actions.
Proponents:
Representative Roger Hunt
Rita Houglum, SD Eagle Forum
Christie Johnson, School Administrators of South Dakota
Bob Stevens, South Dakota Education Association
Opponents:
None
Presented by:
Representative Roger Hunt
MOTION:
AMEND HB 1186
r-1186a
On page
1
,
delete lines
4
to
7 of the printed bill
, inclusive
.
On page
1
,
line
8
,
after "
library
"
insert "
or public school
"
.
On page
1
,
line
14
,
delete "
restrict minors from gaining
"
and insert "
ensure that minors do not
gain
"
.
On page
1
,
line
16
,
delete "
section 2
"
and insert "
section 1
"
.
Moved by:
Representative Volesky
Second by:
Representative Koehn
Action:
Prevailed by voice vote.
MOTION:
DO PASS HB 1186 AS AMENDED
Moved by:
Representative Volesky
Second by:
Representative Fitzgerald
Action:
Prevailed by roll call vote.
(11-1-1-0)
Voting yes:
Earley, Fitzgerald, McIntyre, Michels, Nachtigal, Slaughter, Volesky, Wilson,
Young, Hunt, Brown (Jarvis)
Voting no:
Koehn
Excused:
Duniphan
MOTION:
TO AMEND TITLE OF HB 1186
r-1186t
On page
1
,
line
1 of the printed bill
,
delete "
restrict the access of minors
"
and insert "
ensure that
minors do not gain access
"
.
Moved by:
Representative Hunt
Second by:
Representative McIntyre
Action:
Prevailed by voice vote.
HB 1187:
provide for a six-person jury in small claims actions.
The Chair deferred HB 1187 until February 3, 1999..
HB 1188:
establish minimum hours of operation for the office of the clerk of
courts.
Proponents:
Rep. Jay Duenwald
Dick Howard, Ex. Director, Co. Commissioners Assn.
Alvin Fjeldheim,self
Mark Kroontje, Campbell Co. States Attorney (Doc.1)
Steven Berndt,self
Senator Eric Bogue
Keith Kunz,self
Opponents:
Mike Buenger, Unified Judicial System
Presented by:
Representative Jay Duenwald
MOTION:
AMEND HB 1188
t-1188
On page
1
,
line
7 of the printed bill
,
after "
holidays
"
insert "
in each county or at one location
in each group of two or more counties that have consolidated or entered into a cooperative agreement
to jointly provide county governmental services related to the office of the clerk of courts
"
.
Moved by:
Representative Wilson
Second by:
Representative Fitzgerald
Action:
Prevailed by voice vote.
MOTION:
DO PASS HB 1188 AS AMENDED
Moved by:
Representative Koehn
Second by:
Representative Fitzgerald
Action:
Was not acted on.
MOTION:
SUBSTITUTE MOTION DEFER HB 1188 UNTIL THE 41ST LEGISLATIVE
DAY
Moved by:
Representative Young
Second by:
Representative Earley
Action:
Prevailed by roll call vote.
(8-4-1-0)
Voting yes:
Earley, McIntyre, Michels, Nachtigal, Slaughter, Wilson, Young, Hunt
Voting no:
Fitzgerald, Koehn, Volesky, Brown (Jarvis)
Excused:
Duniphan
HB 1189:
repeal the requirement that certain proposals for the regulation of
professions and occupations be reviewed prior to session.
Proponents:
Representative Roger Hunt
Opponents:
None
Presented by:
Representative Roger Hunt
MOTION:
DO PASS HB 1189
Moved by:
Representative Volesky
Second by:
Representative Earley
Action:
Prevailed by roll call vote.
(12-0-1-0)
Voting yes:
Earley, Fitzgerald, Koehn, McIntyre, Michels, Nachtigal, Slaughter, Volesky,
Wilson, Young, Hunt, Brown (Jarvis)
Excused:
Duniphan
MOTION:
PLACE HB 1189 ON CONSENT
Moved by:
Representative Wilson
Second by:
Representative Volesky
Action:
Prevailed by voice vote.
HB 1199:
prohibit the distribution of alcoholic beverages to persons under twenty-
one years of age by parents, guardians, or spouses over twenty-one years of age.
Proponents:
Representative Roger Hunt
Opponents:
Senator Eric Bogue
Presented by:
Representative Roger Hunt
MOTION:
AMEND HB 1199
r-1199
On the printed bill,
delete everything after the enacting clause and insert:
"
Section 1. That
§
35-9-1
be amended to read as follows:
35-9-1.
It is a Class 1 misdemeanor to sell or give for use as a beverage any alcoholic beverage
to any person under the age of eighteen years unless it is done in the immediate presence of a parent
or guardian or spouse over twenty-one years of age
while in the home of such parent, guardian, or
spouse
or by prescription or direction of a duly licensed practitioner or nurse of the healing arts for
medicinal purposes.
Section 2. That
§
35-9-1.1
be amended to read as follows:
35-9-1.1.
It is a Class 2 misdemeanor to sell or give for use as a beverage any alcoholic beverage
to any person who is eighteen years of age or older but less than twenty-one years of age unless it
is done in the immediate presence of a parent or guardian or spouse over twenty-one years of age
while in the home of such parent, guardian, or spouse
or by prescription or direction of a duly
licensed practitioner or nurse of the healing arts for medicinal purposes.
"
Moved by:
Representative Volesky
Second by:
Representative Hunt
Action:
Prevailed by voice vote.
MOTION:
DO PASS HB 1199 AS AMENDED
Moved by:
Representative Volesky
Second by:
Representative Fitzgerald
Action:
Failed by roll call vote.
(6-6-1-0)
Voting yes:
Fitzgerald, Michels, Slaughter, Volesky, Hunt, Brown (Jarvis)
Voting no:
Earley, Koehn, McIntyre, Nachtigal, Wilson, Young
Excused:
Duniphan
MOTION:
DEFER HB 1199 UNTIL Wednesday, February 3, 1999.
Moved by:
Representative Volesky
Second by:
Representative Michels
Action:
Prevailed by show of hands.
SB 70:
revise certain provisions relating to fees and mileage for witnesses.
Proponents:
Senator Eric Bogue
Opponents:
None
Presented by:
Senator Eric Bogue
MOTION:
DO PASS SB 70
Moved by:
Representative Koehn
Second by:
Representative Young
Action:
Prevailed by roll call vote.
(11-1-1-0)
Voting yes:
Earley, Fitzgerald, Koehn, McIntyre, Michels, Nachtigal, Slaughter, Volesky,
Young, Hunt, Brown (Jarvis)
Voting no:
Wilson
Excused:
Duniphan
HB 1207:
increase the time period for which a driver's license is revoked for
certain drug offenses.
Proponents:
Representative Matt Michels
Opponents:
None
Presented by:
Representative Matt Michels
MOTION:
DO PASS HB 1207
Moved by:
Representative Hunt
Second by:
Representative Earley
Action:
Prevailed by roll call vote.
(10-1-2-0)
Voting yes:
Earley, Fitzgerald, Koehn, McIntyre, Michels, Slaughter, Wilson, Young, Hunt,
Brown (Jarvis)
Voting no:
Nachtigal
Excused:
Duniphan, Volesky
HB 1208:
provide for the termination of a spousal joint tenancy by an interested
person.
Proponents:
Representative Roger Hunt
Opponents:
None
Presented by:
Representative Roger Hunt
MOTION:
DO PASS HB 1208
Moved by:
Representative Young
Second by:
Representative Earley
Action:
Prevailed by roll call vote.
(11-0-2-0)
Voting yes:
Earley, Fitzgerald, Koehn, McIntyre, Michels, Nachtigal, Slaughter, Wilson,
Young, Hunt, Brown (Jarvis)
Excused:
Duniphan, Volesky
MOTION:
PLACE HB 1208 ON CONSENT
Moved by:
Representative Young
Second by:
Representative Earley
Action:
Prevailed by voice vote.
SB 15:
exempt inmate matters from certain contested case, rule making, and
declaratory ruling processes.
Proponents:
Jeff Bloomberg, Secretary, Department of Corrections
Opponents:
None
Presented by:
Jeff Bloomberg, Secretary, Department of Corrections
MOTION:
DEFER SB 15 UNTIL Wednesday, February 3, 1999.
Moved by:
Representative Wilson
Second by:
Representative Koehn
Action:
Prevailed by voice vote.
SB 41:
revise and repeal certain provisions requiring court appearances for
violations of game, fish and parks statutes.
Proponents:
John Cooper, Secretary, Game, Fish and Parks
Opponents:
None
Presented by:
John Cooper, Secretary, Game, Fish and Parks
MOTION:
DO PASS SB 41
Moved by:
Representative Brown (Jarvis)
Second by:
Representative Fitzgerald
Action:
Prevailed by roll call vote.
(11-0-2-0)
Voting yes:
Earley, Fitzgerald, Koehn, McIntyre, Michels, Nachtigal, Slaughter, Wilson,
Young, Hunt, Brown (Jarvis)
Excused:
Duniphan, Volesky
MOTION:
PLACE SB 41 ON CONSENT
Moved by:
Representative Brown (Jarvis)
Second by:
Representative Earley
Action:
Prevailed by voice vote.
MOTION:
ADJOURN
Moved by:
Representative Koehn
Second by:
Representative Earley
Action:
Prevailed by voice vote.
Elizabeth L. Markley
_________________________________
Committee Secretary