74th Legislative Session -- 1999
Committee: House Judiciary
Friday, February 5, 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 3, 1999.
Moved by:
Representative Duniphan
Second by:
Representative Hunt
Action:
Prevailed by voice vote.
HB 1230:
provide for the recovery of damages for checks, drafts, or orders not paid
upon presentment.
Proponents:
Representative Mike Derby (Document 1)
Arnie Hauge, SD Collectors Assn.
Jerry Wheeler, SD Retailers Assn.
Chuck Schroyer, SD States Attorneys Assn.
Dawna Leitzke, SD Petroleum Marketers Assn.
Dean Krogman, SD Collectors Assn.
Opponents:
Tom Barnett, State Bar Association
Presented by:
Representative Mike Derby
MOTION:
AMEND HB 1230
r-1230b
On page
1
,
line
8 of the printed bill
,
after "
case
"
insert "
, including any combination pursuant to
section 6 of this Act,
"
.
On page
1
,
line
16
,
after "
interest
"
delete "
,
"
and insert "
and
"
.
On page
1
,
line
16
,
delete "
, and reasonable attorney fees
"
.
On page
3
,
line
16
,
delete "
fifty
"
.
On page
3
,
line
17
,
delete "
and reasonable attorney
"
.
On page
3
,
line
18
,
delete "
fees
"
.
Moved by:
Representative Hunt
Second by:
Representative Michels
Action:
Prevailed by voice vote.
MOTION:
DEFER HB 1230 UNTIL THE 41ST LEGISLATIVE DAY
Moved by:
Representative Wilson
Second by:
Representative Koehn
Action:
Was not acted on.
MOTION:
SUBSTITUTE MOTION AMEND HB 1230
r-1230
On page
1
,
line
9 of the printed bill
,
delete "
five
"
and insert "
two
"
.
On page
3
,
line
16
,
delete "
five
"
and insert "
two
"
.
Moved by:
Representative Hunt
Second by:
Representative Young
Action:
Prevailed by voice vote.
MOTION:
DO PASS HB 1230 AS AMENDED
Moved by:
Representative Duniphan
Second by:
Representative Young
Action:
Prevailed by roll call vote.
(8-5-0-0)
Voting yes:
Duniphan, Earley, Michels, Slaughter, Volesky, Young, Hunt, Brown (Jarvis)
Voting no:
Fitzgerald, Koehn, McIntyre, Nachtigal, Wilson
MOTION:
SUBSTITUTE MOTION AMEND HB 1230
r-1230a
On page
1
,
line
9 of the printed bill
,
delete "
one hundred
"
and insert "
fifty
"
.
On page
3
,
line
16
,
delete "
one hundred
"
and insert "
fifty
"
.
Moved by:
Representative Wilson
Second by:
Representative Koehn
Action:
Failed by voice vote.
HB 1247:
provide for the reinstatement, under certain circumstances, of a person's
driver's license under revocation for refusal to submit to a blood test if the
defendant is subsequently found not guilty or if the charge is dismissed.
Proponents:
Representative William Cerny
Representative Jim Putnam
Brad Kerner, self
Opponents:
Charlie McGuigan, Office of the Attorney General
Cindy Gerber, Office of Driver Licensing (Document 2)
Chuck Schroyer, SD States Attorneys Association
Presented by:
Representative William Cerny
MOTION:
DEFER HB 1247 UNTIL THE 41ST LEGISLATIVE DAY
Moved by:
Representative Michels
Second by:
Representative Wilson
Action:
Prevailed by roll call vote.
(12-1-0-0)
Voting yes:
Duniphan, Earley, Fitzgerald, Koehn, McIntyre, Michels, Nachtigal, Slaughter,
Volesky, Wilson, Hunt, Brown (Jarvis)
Voting no:
Young
HB 1276:
revise certain provisions regarding civil liability as it relates to injuries
caused by intoxicated minor persons.
The Chair deferred HB 1276 until Monday, February 8, 1999.
HB 1289:
provide for the expungement of certain records of criminal proceedings.
The Chair deferred HB 1289 until Monday, February 8, 1999.
HB 1279:
revise certain provisions regarding mechanics' liens.
Proponents:
Rep. Richard Brown (Document 3)
Larry Zikmund, Assoc. Gen. Contractors
Gerald Johnson,Assoc. Gen. Contractors
Greg Brewer, Assoc. Gen. Contractors
Jim Keyes, Assoc. Gen. Contractors
Presented by:
Representative Richard Brown
Comments by: Ron Olinger
MOTION:
DO PASS HB 1279
Moved by:
Representative Duniphan
Second by:
Representative McIntyre
Action:
Was not acted on.
MOTION:
SUBSTITUTE MOTION AMEND HB 1279
r-1279
On page
1
,
line
5 of the printed bill
,
after "
Any
"
insert "
owner or any
"
.
On page
3
,
after line
11
,
insert:
"
Section 5. The effective date of this Act is July 1, 2001.
"
Moved by:
Representative Hunt
Second by:
Representative Fitzgerald
Action:
Prevailed by voice vote.
MOTION:
DO PASS HB 1279 AS AMENDED
Moved by:
Representative Duniphan
Second by:
Representative McIntyre
Action:
Prevailed by roll call vote.
(12-1-0-0)
Voting yes:
Duniphan, Earley, Fitzgerald, Koehn, McIntyre, Michels, Nachtigal, Slaughter,
Volesky, Young, Hunt, Brown (Jarvis)
Voting no:
Wilson
SB 97:
extend the time period during which previous driving while intoxicated
convictions may be considered for determining subsequent offenses.
Proponents:
Sen. Ken Albers
Glenn Brenner, Pennington Co. States Attorney
Rep. Tom Hennies (Document 4)
Scott Abdala, Lincoln Co. States Attorney
Steve Willard, SD Sheriff's Assn. And SD Police Chiefs Assn.
Presented by:
Senator Ken Albers
MOTION:
DO PASS SB 97
Moved by:
Representative Michels
Second by:
Representative Earley
Action:
Prevailed by roll call vote.
(11-2-0-0)
Voting yes:
Duniphan, Earley, Fitzgerald, Koehn, McIntyre, Michels, Slaughter, Volesky,
Young, Hunt, Brown (Jarvis)
Voting no:
Nachtigal, Wilson
MOTION:
ADJOURN
Moved by:
Representative Duniphan
Second by:
Representative Earley
Action:
Prevailed by voice vote.
Elizabeth L. Markley
_________________________________
Committee Secretary
Jarvis W. Brown, Chair
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