74th Legislative Session -- 1999
Committee: House Judiciary
Friday, February 19, 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, Chairman.
MOTION:
TO APPROVE THE MINUTES OF WEDNESDAY, FEBRUARY 17, 1999.
Moved by:
Representative Duniphan
Second by:
Representative Slaughter
Action:
Prevailed by voice vote.
SB 138:
provide limited liability for the use of automated external defibrillators.
Proponents:
Senator Dick Hainje
Kitty Kinsman, American Heart Association
Dean Krogman, SD Medical Association
Angela Ehlers, self
Karen Gallagher, self
Kevin Forsch, Department of Health
Opponents:
None
Presented by:
Senator Dick Hainje
MOTION:
DEFER SB 138 UNTIL WEDNESDAY, FEBRUARY 24, 1999.
Moved by:
Representative Hunt
Second by:
Representative Wilson
Action:
Prevailed by voice vote.
SB 190:
prohibit certain sexual acts between certain jail and juvenile correctional
facility employees and prisoners and to provide a penalty therefor.
Proponents:
Representative Tom Hennies
Senator Drue Vitter
Opponents:
None
Presented by:
Representative Tom Hennies
MOTION:
DO PASS SB 190
Moved by:
Representative Duniphan
Second by:
Representative Young
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 190 ON CONSENT
Moved by:
Representative Duniphan
Second by:
Representative Slaughter
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:
Representative Tom Hennies
Opponents:
None
Presented by:
Representative Tom Hennies
MOTION:
AMEND SB 128
r-128a
On page
1
,
delete lines
5
to
16 of the Senate Judiciary committee engrossed bill
, inclusive
,
and
insert:
"
Section 1. No alcoholic beverages, controlled substances as defined by chapter 34-20B,
hallucinogens, marijuana, or weapons as defined in subdivision 22-1-2(10), may be possessed by any
juvenile in or on the grounds of a juvenile correctional facility. No prescription or nonprescription
drugs may be possessed by any juvenile in or on the grounds of a juvenile correctional facility except
by order of a physician. Such order shall be in writing and for a definite period.
Section 2. No employee or other person may deliver or procure to be delivered, or have in such
person's possession with intent to deliver, to any juvenile in or on the grounds of any juvenile
correctional facility, or deposit or conceal in or on the grounds of a juvenile correctional facility, or
in any mode of transport entering the grounds of a juvenile correctional facility and its ancillary
facilities used to house juveniles, any article or thing contrary to
§
24-11-47 with intent that any
juvenile obtain or receive the same. A violation of this section is a Class 6 felony.
"
On page
2
,
delete lines
1
to
8
, inclusive
.
Moved by:
Representative Hunt
Second by:
Representative Koehn
Action:
Prevailed by voice vote.
MOTION:
DO PASS SB 128 AS AMENDED
Moved by:
Representative Koehn
Second by:
Representative Young
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)
SB 49:
repeal the subsequent injury fund.
Proponents:
Ron Wheeler, Governor's Office of Economic Development (Doc. 1)
Darla Lyon, Director, Division of Insurance
Larry Mann, Homestake Mining Co.
Dave Owen, SD Chamber of Commerce and Industry
Ron Olinger, SD Retailers Association
Van Johnson, SD Auto Dealers Association and SD Truckers Association
Bob Riter, National Federation of Independent Business
Chuck Schroyer, American Insurance Association
Opponents:
Representative Gil Koetzle
Paul Aylward, SD AFL-CIO
Presented by:
Ron Wheeler, Governor's Office of Economic Development
Comments by: James Marsh, Department of Labor
MOTION:
DO PASS SB 49
Moved by:
Representative Young
Second by:
Representative Duniphan
Action:
Was not acted on.
MOTION:
SUBSTITUTE MOTION AMEND SB 49
r-49a
On page
7
,
between lines
2
and
3 of the Senate Commerce committee engrossed bill
,
insert:
"
Section 13. No employer may discriminate in hiring any prospective employee due to a
preexisting injury if the preexisting injury does not affect the prospective employee's ability to
perform the work for which the prospective employee is being hired.
"
Moved by:
Representative Volesky
Second by:
Representative Fitzgerald
Action:
Prevailed by voice vote.
MOTION:
DO PASS SB 49 AS AMENDED
Moved by:
Representative Wilson
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)
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:
AMEND SB 171
r-171a
On page
1
,
line
15 of the printed bill
,
after "
damage.
"
insert "
For the purposes of this Act, all
acts of vandalism that are part of a course of conduct involving driving a motor vehicle or being a
passenger in a motor vehicle shall be deemed to have occurred while driving a motor vehicle or
being a passenger in a motor vehicle.
"
.
Moved by:
Representative Duniphan
Second by:
Representative McIntyre
Action:
Prevailed by voice vote.
MOTION:
SUBSTITUTE MOTION AMEND SB 171
r-171d
On page
1
,
line
9 of the printed bill
,
delete "
:
"
and insert "
thirty days if there is any damage.
"
.
On page
1
,
delete lines
10
to
13
, inclusive
.
Moved by:
Representative Nachtigal
Second by:
Representative Volesky
Action:
Was not acted on.
MOTION:
SUBSTITUTE MOTION AMEND SB 171
r-171b
On page
1
,
line
9 of the printed bill
,
delete "
:
"
and insert "
thirty days.
"
.
On page
1
,
delete lines
10
to
13
, inclusive
.
Moved by:
Representative Volesky
Second by:
Representative Nachtigal
Action:
Failed by voice vote.
MOTION:
SUBSTITUTE MOTION AMEND SB 171
r-171c
On page
1
,
line
9 of the printed bill
,
delete "
:
"
and insert "
ninety days.
"
.
On page
1
,
delete lines
10
to
13
, inclusive
.
Moved by:
Representative Young
Second by:
Representative Fitzgerald
Action:
Failed by roll call vote.
(6-7-0-0)
Voting yes:
Earley, Fitzgerald, Koehn, Nachtigal, Wilson, Young
Voting no:
Duniphan, McIntyre, Michels, Slaughter, Volesky, Hunt, Brown (Jarvis)
MOTION:
SUBSTITUTE MOTION DO PASS SB 171 AS AMENDED
Moved by:
Representative Michels
Second by:
Representative Duniphan
Action:
Prevailed by roll call vote.
(12-1-0-0)
Voting yes:
Duniphan, Earley, Fitzgerald, Koehn, McIntyre, Michels, Slaughter, Volesky,
Wilson, Young, Hunt, Brown (Jarvis)
Voting no:
Nachtigal
SB 228:
increase the penalty for certain assaults in jails.
Proponents:
Senator Drue Vitter
Opponents:
None
Presented by:
Senator Drue Vitter
MOTION:
DEFER SB 228 UNTIL MONDAY, FEBRUARY 22, 1999.
Moved by:
Representative Duniphan
Second by:
Representative Volesky
Action:
Prevailed by voice vote.
MOTION:
ADJOURN
Moved by:
Representative Fitzgerald
Second by:
Representative Duniphan
Action:
Prevailed by voice vote.
Elizabeth L. Markley
_________________________________
Committee Secretary
Jarvis W. Brown, Chair
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