74th Legislative Session -- 1999
Committee: House Judiciary
Wednesday, February 3, 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.
MOTION:
TO APPROVE THE MINUTES OF FEBRUARY 1, 1999.
Moved by:
Representative Duniphan
Second by:
Representative Koehn
Action:
Prevailed by voice vote.
SB 15:
exempt inmate matters from certain contested case, rule making, and
declaratory ruling processes.
The Chair deferred SB 15 until Friday, February 5, 1999.
HB 1170:
require the Division of Criminal Investigation to provide criminal history
background checks in certain circumstances.
MOTION:
DEFER HB 1170 UNTIL THE 41ST LEGISLATIVE DAY
Moved by:
Representative McIntyre
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)
HB 1187:
provide for a six-person jury in small claims actions.
Proponents:
Representative William Napoli
Opponents:
Mike Buenger, Unified Judicial System
MOTION:
DEFER HB 1187 UNTIL THE 41ST LEGISLATIVE DAY
Moved by:
Representative Hunt
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)
HB 1114:
eliminate certain assessed valuation appeals by public taxing districts
and governmental subdivisions.
Proponents:
Mark Marshall, Burlington Northern Railroad
Bill Dougherty, Burlington Northern Railroad
Opponents:
Dick Howard, Executive Director, SD Association of County Commissioners
Presented by:
Bill Dougherty, Burlington Northern Railroad
MOTION:
DEFER HB 1114 UNTIL Monday, February 8, 1999.
Moved by:
Representative Koehn
Second by:
Representative Volesky
Action:
Prevailed by voice vote.
SB 76:
constitute corporate acknowledgment as prima facie evidence of authority
to execute certain documents.
Proponents:
Chad Hansen, Dakota Homestead Title
Opponents:
None
MOTION:
AMEND SB 76
r-76
On page
1
,
line
10 of the printed bill
,
after "
corporation
"
insert "
, except as provided in
§
51A-4-
11,
"
.
Moved by:
Representative Hunt
Second by:
Representative Volesky
Action:
Prevailed by voice vote.
MOTION:
DO PASS SB 76 AS AMENDED
Moved by:
Representative Volesky
Second by:
Representative Earley
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:
PLACE SB 76 ON CONSENT
Moved by:
Representative Michels
Second by:
Representative Duniphan
Action:
Prevailed by voice vote.
HB 1206:
provide for the release of confidential criminal justice information under
certain circumstances.
Proponents:
Representative Gil Koetzle
Andrew Thompson, self
Opponents:
Representative Tom Hennies
MOTION:
AMEND HB 1206
r-1206
On page
1
,
line
7 of the printed bill
,
delete "
shall be released pursuant
"
and insert "
may be
released, by court order, upon a showing of good cause. The law enforcement agency having custody
of the information, or any other interested party, may seek a protective order restricting or
prohibiting disclosure to protect a party or person from annoyance, embarrassment, oppression,
undue burden or expense, or rights to privacy.
"
.
On page
1
,
delete lines
8
to
15
, inclusive
.
Moved by:
Representative Wilson
Second by:
Representative Volesky
Action:
Prevailed by voice vote.
MOTION:
DO PASS HB 1206 AS AMENDED
Moved by:
Representative Duniphan
Second by:
Representative Fitzgerald
Action:
Failed by roll call vote.
(5-8-0-0)
Voting yes:
Duniphan, Nachtigal, Volesky, Wilson, Brown (Jarvis)
Voting no:
Earley, Fitzgerald, Koehn, McIntyre, Michels, Slaughter, Young, Hunt
MOTION:
DEFER HB 1206 UNTIL Friday, February 5, 1999.
Moved by:
Representative Hunt
Second by:
Representative Michels
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:
None
Presented by:
Representative Roger Hunt
MOTION:
AMEND HB 1199
r-1199a
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 or by prescription or direction of a duly licensed
practitioner or nurse of the healing arts for medicinal purposes
:
(1) It is done in the immediate presence of a parent or guardian or spouse over twenty-one
years of age while not on the premises of an establishment licensed for the retail sale of
alcoholic beverages pursuant to
§
35-4-2 or at a special event for which an alcoholic
beverage license has been issued pursuant to
§
35-4-11.4; or
(2) It is done 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
or by prescription or direction of a duly licensed practitioner or nurse of the healing arts for
medicinal purposes
:
(1) It is done in the immediate presence of a parent or guardian or spouse over twenty-one
years of age while not on the premises of an establishment licensed for the retail sale of
alcoholic beverages pursuant to
§
35-4-2 or at a special event for which an alcoholic
beverage license has been issued pursuant to
§
35-4-11.4; or
(2) It is done 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 Duniphan
Action:
Prevailed by voice vote.
MOTION:
DO PASS HB 1199 AS AMENDED
Moved by:
Representative Duniphan
Second by:
Representative McIntyre
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:
TO AMEND TITLE OF HB 1199
r-1199t
On page
1
,
line
1 of the printed bill
,
delete "
prohibit
"
and insert "
restrict
"
.
Moved by:
Representative Hunt
Second by:
Representative Duniphan
Action:
Prevailed by voice vote.
HB 1259:
prohibit the keeping of a place where marijuana is used or distributed.
Proponents:
Representative Leo Sebert
Chuck Schroyer, SD States Attorneys Association
Opponents:
None
Presented by:
Representative Leo Sebert
MOTION:
DO PASS HB 1259
Moved by:
Representative Hunt
Second by:
Representative Fitzgerald
Action:
Prevailed by roll call vote.
(12-1-0-0)
Voting yes:
Duniphan, Earley, Fitzgerald, McIntyre, Michels, Nachtigal, Slaughter, Volesky,
Wilson, Young, Hunt, Brown (Jarvis)
Voting no:
Koehn
SB 94:
allow certain law enforcement officers or the Department of Social Services
to take photographs, videotapes, or electronic images of a child if abuse or neglect
is suspected.
Proponents:
Senator Dennis Daugaard
David Hewitt, SD Association of Healthcare Organizations
Opponents:
None
Presented by:
Representative Matt Michels
MOTION:
AMEND SB 94
r-94
On page
2
,
line
1 of the printed bill
,
after "
image
"
insert "
in the possession of the Department
of Social Services
"
.
Moved by:
Representative Michels
Second by:
Representative Duniphan
Action:
Prevailed by voice vote.
MOTION:
DO PASS SB 94 AS AMENDED
Moved by:
Representative Hunt
Second by:
Representative Earley
Action:
Prevailed by roll call vote.
(12-0-1-0)
Voting yes:
Duniphan, Earley, Fitzgerald, McIntyre, Michels, Nachtigal, Slaughter, Volesky,
Wilson, Young, Hunt, Brown (Jarvis)
Excused:
Koehn
MOTION:
PLACE SB 94 ON CONSENT
Moved by:
Representative Nachtigal
Second by:
None
Action:
Died for a lack of a second
SB 114:
provide for the termination of the decedent's interest in the joint tenancy
of a surviving spouse by an interested party under certain circumstances.
MOTION:
TO TABLE SB 114
Moved by:
Representative Volesky
Second by:
Representative Fitzgerald
Action:
Prevailed by voice vote.
MOTION:
ADJOURN
Moved by:
Representative Hunt
Second by:
Representative Fitzgerald
Action:
Prevailed by voice vote.
Elizabeth L. Markley
_________________________________
Committee Secretary
Jarvis W. Brown, Chair
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