74th Legislative Session -- 1999
Committee: House Judiciary
Wednesday, February 10, 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 8, 1999.
Moved by:
Representative Duniphan
Second by:
Representative Hunt
Action:
Prevailed by voice vote.
HB 1249:
permit court-ordered temporary custody of certain juveniles who reoffend
the drinking and driving statutes.
MOTION:
DEFER HB 1249 UNTIL THE 41ST LEGISLATIVE DAY
Moved by:
Representative Duniphan
Second by:
Representative Earley
Action:
Prevailed by roll call vote.
(11-0-2-0)
Voting yes:
Duniphan, Earley, Fitzgerald, McIntyre, Michels, Nachtigal, Slaughter, Wilson,
Young, Hunt, Brown (Jarvis)
Excused:
Koehn, Volesky
HB 1300:
establish certain requirements regarding health care institution policy.
MOTION:
DEFER HB 1300 UNTIL THE 41ST LEGISLATIVE DAY
Moved by:
Representative McIntyre
Second by:
Representative Fitzgerald
Action:
Prevailed by roll call vote.
(11-0-2-0)
Voting yes:
Duniphan, Earley, Fitzgerald, McIntyre, Michels, Nachtigal, Slaughter, Wilson,
Young, Hunt, Brown (Jarvis)
Excused:
Koehn, Volesky
HB 1019:
provide for a statewide public defender program for indigents charged with
certain high-grade felonies.
Proponents:
Jeff Larson, Public Defenders, Minnehaha County (Document 1)
Dick Howard, Executive Director, Co. Commissioners Association (Document 2)
Opponents:
Curt Everson, Director, Bureau of Finance and Management
MOTION:
DEFER HB 1019 UNTIL THE 41ST LEGISLATIVE DAY
Moved by:
Representative Michels
Second by:
Representative Earley
Action:
Prevailed by roll call vote.
(9-4-0-0)
Voting yes:
Duniphan, Earley, Fitzgerald, McIntyre, Michels, Nachtigal, Slaughter, Young, Hunt
Voting no:
Koehn, Volesky, Wilson, Brown (Jarvis)
HB 1239:
provide for a statewide public defender program for indigents charged with
certain high-grade felonies.
Proponents:
Jeff Larson, Public Defender, Minnehaha County (Document 1)
Dick Howard, Executive Director, Co. Commissioners Assn. (Document 2)
Opponents:
Curt Everson, Director, Bureau of Finance and Management
Presented by:
Representative Mike Wilson
MOTION:
DEFER HB 1239 UNTIL THE 41ST LEGISLATIVE DAY
Moved by:
Representative Michels
Second by:
Representative Earley
Action:
Prevailed by roll call vote.
(7-6-0-0)
Voting yes:
Duniphan, Earley, Michels, Slaughter, Young, Hunt, Brown (Jarvis)
Voting no:
Fitzgerald, Koehn, McIntyre, Nachtigal, Volesky, Wilson
MOTION:
SUBSTITUTE MOTION AMEND HB 1239
r-1239a
On page
2
,
line
24 of the printed bill
,
delete "
One-half of the
"
and insert "
The
"
.
Moved by:
Representative Wilson
Second by:
Representative Koehn
Action:
Failed by voice vote.
MOTION:
SUBSTITUTE MOTION AMEND HB 1239
r-1239
On page
2
,
line
24 of the printed bill
,
after "
One-half
"
insert "
of the annual budget, but not to
exceed one hundred seventy-five thousand dollars, shall be appropriated by the general appropriations
act. The balance
"
.
Moved by:
Representative Wilson
Second by:
Representative Fitzgerald
Action:
Failed by voice vote.
HB 1290:
provide for an exception from the rebuttable presumption of minimum
wage employment in certain child support cases.
Proponents:
Mark Proctor, self
Opponents:
Dave Braun, Assistant Attorney General
MOTION:
DEFER HB 1290 UNTIL THE 41ST LEGISLATIVE DAY
Moved by:
Representative Michels
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 1206:
provide for the release of confidential criminal justice information under
certain circumstances.
Proponents:
Representative Gil Koetzle
MOTION:
AMEND HB 1206
r-1206a
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 court shall require the moving party to
show that the moving party has notified, or made a good faith effort to identify, locate, and notify, the
immediate family of the victim and any other person with a legitimate interest in the proceeding. 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 Duniphan
Action:
Prevailed by voice vote.
MOTION:
DO PASS HB 1206 AS AMENDED
Moved by:
Representative Volesky
Second by:
Representative Wilson
Action:
Was not acted on.
MOTION:
SUBSTITUTE MOTION DEFER HB 1206 UNTIL THE 41ST LEGISLATIVE
DAY
Moved by:
Representative Earley
Second by:
Representative Koehn
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 1301:
limit the liability resulting from the manufacture, distribution, and retail
sale of firearms.
Proponents:
Representative Dana Windhorst
Opponents:
None
Presented by:
Representative Dana Windhorst
MOTION:
AMEND HB 1301
r-1301c
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. 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.
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 Young
Action:
Prevailed by voice vote.
MOTION:
DEFER HB 1301 UNTIL Friday, February 12, 1999.
Moved by:
Representative Duniphan
Second by:
Representative Young
Action:
Prevailed by voice vote.
HB 1296:
restrict certain criminal liability for alcoholic beverage licensees and to
provide for administrative sanctions.
Proponents:
Representative Carol Fitzgerald
Jeff Fox, Casey's General Store
Ron Olinger, SD Retail Liquor Dealers Association
Opponents:
Scott Peterson, Department of Revenue
Presented by:
Representative Carol Fitzgerald
MOTION:
AMEND HB 1296
f-1296a
On page
1
,
line
4 of the printed bill
,
delete "
The
"
and insert "
A
"
.
On page
1
,
line
4
,
after "
licensee
"
insert "
, licensed pursuant to subdivisions 35-4-2(3), (4), (5),
(6), (11), (12), (13), (16), (17), or (18),
"
.
On page
1
,
line
12
,
after "
sanctions
"
insert "
, in addition to the sanctions imposed pursuant to
§
35-
2-19 or 35-2-21,
"
.
Moved by:
Representative Michels
Second by:
Representative Duniphan
Action:
Prevailed by voice vote.
MOTION:
AMEND HB 1296
r-1296
On page
1
,
line
8 of the printed bill
,
delete "
a controlling
"
and insert "
an
"
.
On page
1
,
line
9
,
delete "
a controlling
"
and insert "
an
"
.
Moved by:
Representative Michels
Second by:
Representative Fitzgerald
Action:
Prevailed by voice vote.
MOTION:
DEFER HB 1296 UNTIL Friday, February 12, 1999.
Moved by:
Representative Hunt
Second by:
Representative Duniphan
Action:
Prevailed by voice vote.
MOTION:
ADJOURN
Moved by:
Representative Duniphan
Second by:
Representative Michels
Action:
Prevailed by voice vote.
Elizabeth L. Markley
_________________________________
Committee Secretary
Jarvis W. Brown, Chair
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