74th Legislative Session -- 1999
Committee: House Judiciary
Wednesday, February 17, 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 FRIDAY, FEBRUARY 12, 1999.
Moved by:
Representative Duniphan
Second by:
Representative Earley
Action:
Prevailed by voice vote.
SB 214:
provide for the liability of certain prisoners confined to jail for the costs
of confinement and to provide a lien therefor.
Proponents:
Representative Larry Diedrich
Senator Arnold Brown
Opponents:
None
Presented by:
Representative Larry Diedrich
MOTION:
DO PASS SB 214
Moved by:
Representative Michels
Second by:
Representative Duniphan
Action:
Prevailed by roll call vote.
(10-0-3-0)
Voting yes:
Duniphan, Earley, Fitzgerald, McIntyre, Michels, Slaughter, Volesky, Wilson,
Young, Brown (Jarvis)
Excused:
Koehn, Nachtigal, Hunt
MOTION:
PLACE SB 214 ON CONSENT
Moved by:
Representative Volesky
Second by:
Representative Duniphan
Action:
Prevailed by voice vote.
HB 1296:
restrict certain criminal liability for alcoholic beverage licensees and to
provide for administrative sanctions.
Proponents:
Jeff Fox, Casey's General Store
Jerry Wheeler, South Dakota Retailers Association
Opponents:
None
MOTION:
AMEND HB 1296
f-1296b
On page
1
,
delete lines
11
to
16
of the printed bill
, inclusive
,
and insert:
"
Section 2. If a sale is in violation of
§
35-4-78 and does not constitute a criminal offense
against the licensee, the state's attorney for the county in which the sale took place may as part of
any proceeding against the person making the sale request that the court require the licensee to pay
a fine in accordance with this Act.
Section 3. Upon a request from the state's attorney and notice to the licensee, the court shall
conduct a hearing to determine if the licensee is liable under this Act, and upon a finding that the
licensee is liable, the court may order the licensee to pay a fine not to exceed:
(1) Three hundred dollars upon the first violation within two years;
(2) Five hundred dollars upon the second violation within two years; and
(3) One thousand dollars for the third violation within two years.
Section 4. For the purpose of this Act, a controlling interest in the licensee means an ownership
interest of ten percent or more.
"
On page
2
,
delete lines
1
to
8
, inclusive
.
Moved by:
Representative Volesky
Second by:
Representative Duniphan
Action:
Prevailed by voice vote.
MOTION:
DO PASS HB 1296 AS AMENDED
Moved by:
Representative Volesky
Second by:
Representative Duniphan
Action:
Was not acted on.
MOTION:
AMEND HB 1296
r-1296a
That the previously adopted amendment, r-1296, be rescinded.
That the previously adopted amendment, f-1296a, be amended by deleting "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 Earley
Action:
Prevailed by voice vote.
MOTION:
DO PASS HB 1296 AS AMENDED
Moved by:
Representative Earley
Second by:
Representative Young
Action:
Prevailed by roll call vote.
(12-0-1-0)
Voting yes:
Duniphan, Earley, Fitzgerald, Koehn, McIntyre, Michels, Nachtigal, Slaughter,
Volesky, Wilson, Young, Brown (Jarvis)
Excused:
Hunt
SB 175:
establish a uniform fee for filing or indexing instruments with the register
of deeds office and eliminate the fee for a satisfaction or termination of certain
instruments.
Proponents:
Rich Sattgast, Association of County Officials (Document 1)
Opponents:
None
MOTION:
DO PASS SB 175
Moved by:
Representative Volesky
Second by:
Representative Duniphan
Action:
Prevailed by roll call vote.
(12-0-1-0)
Voting yes:
Duniphan, Earley, Fitzgerald, Koehn, McIntyre, Michels, Nachtigal, Slaughter,
Volesky, Wilson, Young, Brown (Jarvis)
Excused:
Hunt
MOTION:
PLACE SB 175 ON CONSENT
Moved by:
Representative Duniphan
Second by:
Representative Volesky
Action:
Prevailed by voice vote.
SB 130:
revise and expand certain provisions relating to third offense assault.
Proponents:
Representative Tom Hennies
Chuck Schroyer, SD States Attorneys Association
Opponents:
None
Presented by:
Representative Tom Hennies
MOTION:
AMEND SB 130
r-130f
On page
2
,
line
6 of the printed bill
,
delete "
on
"
and insert "
in
"
.
Moved by:
Representative Volesky
Second by:
Representative Duniphan
Action:
Prevailed by voice vote.
MOTION:
DO PASS SB 130 AS AMENDED
Moved by:
Representative Duniphan
Second by:
Representative Earley
Action:
Prevailed by roll call vote.
(11-1-1-0)
Voting yes:
Duniphan, Earley, Fitzgerald, McIntyre, Michels, Nachtigal, Volesky, Wilson,
Young, Hunt, Brown (Jarvis)
Voting no:
Koehn
Excused:
Slaughter
SB 131:
revise the rate of reimbursement to the county for certain parole violator
detention expenses.
Proponents:
Representative Tom Hennies
Michael Winder, Department of Corrections
Opponents:
None
Presented by:
Representative Tom Hennies
MOTION:
DO PASS SB 131
Moved by:
Representative Duniphan
Second by:
Representative Michels
Action:
Prevailed by roll call vote.
(11-0-2-0)
Voting yes:
Duniphan, Earley, Fitzgerald, Koehn, McIntyre, Michels, Volesky, Wilson, Young,
Hunt, Brown (Jarvis)
Excused:
Nachtigal, Slaughter
MOTION:
PLACE SB 131 ON CONSENT
Moved by:
Representative Duniphan
Second by:
Representative Earley
Action:
Prevailed by voice vote.
SB 128:
criminalize the possession of certain contraband in juvenile correctional
facilities and the delivery of certain contraband to juvenile correctional facilities.
Proponents:
Senator Drue Vitter
Representative Tom Hennies
Opponents:
None
Presented by:
Senator Drue Vitter
MOTION:
DEFER SB 128 UNTIL Friday, February 19, 1999
Moved by:
Representative Duniphan
Second by:
Representative Fitzgerald
Action:
Prevailed by voice vote.
SB 171:
require the suspension of driving privileges in connection with certain acts
of vandalism.
Proponents:
Senator Rebecca Dunn
Opponents:
None
Presented by:
Senator Rebecca Dunn
MOTION:
DEFER SB 171 UNTIL Friday, February 19, 1999
Moved by:
Representative Duniphan
Second by:
Representative Earley
Action:
Prevailed by voice vote.
HB 1289:
provide for the expungement of certain records of criminal proceedings.
Proponents:
Representative Roger Hunt
Opponents:
None
Presented by:
Representative Roger Hunt
MOTION:
DEFER HB 1289 UNTIL THE 41ST LEGISLATIVE DAY
Moved by:
Representative Hunt
Second by:
Representative Duniphan
Action:
Prevailed by roll call vote.
(9-0-4-0)
Voting yes:
Duniphan, Earley, Fitzgerald, Koehn, McIntyre, Michels, Slaughter, Hunt, Brown
(Jarvis)
Excused:
Nachtigal, Volesky, Wilson, Young
MOTION:
ADJOURN
Moved by:
Representative Michels
Second by:
Representative McIntyre
Action:
Prevailed by voice vote.
Elizabeth L. Markley
_________________________________
Committee Secretary
Jarvis W. Brown, Chair
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