74th Legislative Session -- 1999
Committee: House Judiciary
Monday, February 8, 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 5, 1999.
Moved by:
Representative Duniphan
Second by:
Representative Earley
Action:
Prevailed by voice vote.
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:
John Brown, lobbyist, Fall River County
Pat Ginsbach, Fall River County (Documents 1,2)
Senator Drue Vitter
Dick Howard, Ex. Director, Co. Commissioners Assn.
MOTION:
DO PASS HB 1114
Moved by:
Representative Volesky
Second by:
Representative Wilson
Action:
Failed by roll call vote.
(1-12-0-0)
Voting yes:
Volesky
Voting no:
Duniphan, Earley, Fitzgerald, Koehn, McIntyre, Michels, Nachtigal, Slaughter,
Wilson, Young, Hunt, Brown (Jarvis)
MOTION:
DEFER HB 1114 UNTIL THE 41ST LEGISLATIVE DAY
Moved by:
Representative Koehn
Second by:
Representative Duniphan
Action:
Prevailed by roll call vote.
(10-3-0-0)
Voting yes:
Duniphan, Earley, Fitzgerald, Koehn, McIntyre, Michels, Slaughter, Wilson,
Young, Hunt
Voting no:
Nachtigal, Volesky, Brown (Jarvis)
HB 1276:
revise certain provisions regarding civil liability as it relates to injuries
caused by intoxicated minor persons.
Proponents:
Rep. Clarence Kooistra
Caitlin Collier, self
Gary Sundquist, self
Opponents:
Tim Dougherty, SD Retail Liquor Dealers Assn.
Jack McPherson, self
Ron Olinger, SD Retailers Assn
Dawna Leitzke, SD Petroleum Marketers Assn.
Presented by:
Representative Clarence Kooistra
MOTION:
AMEND HB 1276
r-1276
On page
1
,
delete lines
9
to
12 of the printed bill
, inclusive
.
On page
2
,
line
4
,
delete "
constitutes the
"
and insert "
is a
"
.
On page
2
,
line
5
,
after "
damage.
"
insert "
Liability pursuant to this section may be imposed only
if the licensee knew or reasonably should have known that the person to whom the sale was made
was under the age of twenty-one.
"
.
Moved by:
Representative Wilson
Second by:
Representative Fitzgerald
Action:
Prevailed by voice vote.
MOTION:
DEFER HB 1276 UNTIL THE 41ST LEGISLATIVE DAY
Moved by:
Representative Duniphan
Second by:
Representative Young
Action:
Prevailed by roll call vote.
(7-6-0-0)
Voting yes:
Duniphan, Earley, Michels, Nachtigal, Slaughter, Young, Brown (Jarvis)
Voting no:
Fitzgerald, Koehn, McIntyre, Volesky, Wilson, Hunt
MOTION:
SUBSTITUTE MOTION DO PASS HB 1276 AS AMENDED
Moved by:
Representative Wilson
Second by:
Representative Fitzgerald
Action:
Failed by roll call vote.
(5-8-0-0)
Voting yes:
Fitzgerald, McIntyre, Volesky, Wilson, Hunt
Voting no:
Duniphan, Earley, Koehn, Michels, Nachtigal, Slaughter, Young, Brown (Jarvis)
HB 1301:
limit the liability resulting from the manufacture, distribution, and retail
sale of firearms.
Proponents:
Representative Dana Windhorst
Jack First, self
Bob Hofer, self
Tara Reilly, National Rifle Association
Senator Kermit Staggers
Opponents:
None
Presented by:
Representative Dana Windhorst
MOTION:
AMEND HB 1301
r-1301a
On page
1
,
line
4 of the printed bill
,
delete "
or improper
"
.
On page
1
,
line
6
,
delete "
and improper
"
.
On page
1
,
line
11
,
after "
under
"
insert "
Section 923 of
"
.
On page
1
,
delete lines
15
and
16
,
and insert:
"
Section 4. The provisions of this Act, do not apply to actions arising from the unlawful sale or
transfer of firearms, or to instances where the transferor knew, or should have known, that the
recipient would engage in the unlawful sale or transfer of the firearm, or would use, or purposely
allow the use of, the firearm in an unlawful, negligent, or improper fashion.
For purposes of this section, the potential of a firearm to cause serious injury, damage, or death
as a result of normal function does not constitute a defective condition of the product. No firearm
may be deemed to be defective on the basis that the benefits of the product might not outweigh the
risks posed by its potential to cause serious injury, damage, or death when discharged.
"
On page
2
,
delete line
1
.
Moved by:
Representative Duniphan
Second by:
Representative Koehn
Action:
Prevailed by voice vote.
MOTION:
DEFER HB 1301 UNTIL WEDNESDAY, FEBRUARY 10, 1999
Moved by:
Representative Duniphan
Second by:
Representative Earley
Action:
Was not acted on.
MOTION:
SUBSTITUTE MOTION AMEND HB 1301
r-1301b
On page
1
,
line
4 of the printed bill
,
delete "
or improper
"
.
On page
1
,
line
6
,
delete "
and improper
"
.
On page
1
,
line
11
,
after "
under
"
insert "
Section 923 of
"
.
On page
2
,
line
1
,
after "
manufacture.
"
insert "
The provisions of this Act, do not apply to actions
arising from the unlawful sale or transfer of firearms, or to instances where the transferor knew, or
should have known, that the recipient would engage in the unlawful sale or transfer of the firearm,
or would use, or purposely allow the use of, the firearm in an unlawful, negligent, or improper
fashion.
For purposes of this section, the potential of a firearm to cause serious injury, damage, or death
as a result of normal function does not constitute a defective condition of the product. No firearm
may be deemed to be defective on the basis that the benefits of the product might not outweigh the
risks posed by its potential to cause serious injury, damage, or death when discharged.
"
.
Moved by:
Representative Volesky
Second by:
Representative McIntyre
Action:
Prevailed by voice vote.
MOTION:
DEFER HB 1301 UNTIL WEDNESDAY, FEBRUARY 10, 1999
Moved by:
Representative Duniphan
Second by:
Representative Koehn
Action:
Prevailed by voice vote.
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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