74th Legislative Session -- 1999
Committee: House Judiciary
Monday, February 22, 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
E
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 FRIDAY, FEBRUARY 19, 1999.
Moved by:
Representative Wilson
Second by:
Representative Earley
Action:
Prevailed by voice vote.
SB 202:
revise the venue provisions relating to administrative appeals.
Proponents:
Patricia De Hueck, self
Opponents:
None
Presented by:
Patricia De Hueck
MOTION:
DO PASS SB 202
Moved by:
Representative Michels
Second by:
Representative Hunt
Action:
Prevailed by roll call vote.
(12-0-1-0)
Voting yes:
Duniphan, Earley, Fitzgerald, Koehn, McIntyre, Michels, Nachtigal, Slaughter,
Volesky, Wilson, Hunt, Brown (Jarvis)
Excused:
Young
MOTION:
PLACE SB 202 ON CONSENT
Moved by:
Representative Duniphan
Second by:
Representative Slaughter
Action:
Prevailed by voice vote.
SB 75:
establish an insurance fraud unit within the Division of Insurance to
investigate and prosecute insurance fraud.
Proponents:
Rep. Robert Roe
David Volk, Secretary, Commerce and Regulation
Darla Lyon, Director, Div. Of Insurance (Doc. 1)
Roberta Vogt, AARP
Dick Tieszen, State Farm Insurance and Associated School Boards of SD
Chuck Schroyer, American Insurance Assoc.and States Attorneys Assoc.
Loren Pankratz, self
Mike Shaw, National Assoc. of Indep.Insurers and American Family Insurance
Opponents:
None
Presented by:
Representative Robert Roe
MOTION:
DO PASS SB 75
Moved by:
Representative Duniphan
Second by:
Representative Earley
Action:
Prevailed by roll call vote.
(12-0-1-0)
Voting yes:
Duniphan, Earley, Fitzgerald, Koehn, McIntyre, Michels, Nachtigal, Slaughter,
Volesky, Wilson, Hunt, Brown (Jarvis)
Excused:
Young
SB 109:
provide for the public announcement of capital punishment execution
dates.
Proponents:
Senator Kermit Staggers
Jeff Bloomberg, Secretary, Department of Corrections
Dave Bordewyk, S.D. Newspaper Association
Nick Braune, SD Peace and Justice Center
Opponents:
None
Presented by:
Senator Kermit Staggers
MOTION:
DO PASS SB 109
Moved by:
Representative McIntyre
Second by:
Representative Wilson
Action:
Prevailed by roll call vote.
(11-1-1-0)
Voting yes:
Duniphan, Earley, Fitzgerald, Koehn, McIntyre, Michels, Nachtigal, Slaughter,
Volesky, Wilson, Brown (Jarvis)
Voting no:
Hunt
Excused:
Young
SB 228:
increase the penalty for certain assaults in jails.
Proponents:
Senator Drue Vitter
Sheriff Don Holloway
Jeff Bloomberg, Secretary, Department of Corrections
Opponents:
None
Presented by:
Senator Drue Vitter
MOTION:
AMEND SB 228
r-228b
On page
1
,
line
9 of the Senate Judiciary committee engrossed bill
,
delete "
Class 6 felony
"
and
insert "
Class 1 misdemeanor
"
.
Moved by:
Representative Brown (Jarvis)
Second by:
Representative Koehn
Action:
Failed by roll call vote.
(6-6-1-0)
Voting yes:
Koehn, McIntyre, Michels, Nachtigal, Hunt, Brown (Jarvis)
Voting no:
Duniphan, Earley, Fitzgerald, Slaughter, Volesky, Wilson
Excused:
Young
MOTION:
DO PASS SB 228
Moved by:
Representative Volesky
Second by:
Representative Fitzgerald
Action:
Was not acted on.
MOTION:
SUBSTITUTE MOTION TO RECONSIDER AMENDMENT r-228b
Moved by:
Representative Wilson
Second by:
Representative Koehn
Action:
Prevailed by roll call vote.
(8-4-1-0)
Voting yes:
Koehn, McIntyre, Michels, Nachtigal, Volesky, Wilson, Hunt, Brown (Jarvis)
Voting no:
Duniphan, Earley, Fitzgerald, Slaughter
Excused:
Young
MOTION:
AMEND SB 228
r-228b
On page
1
,
line
9 of the Senate Judiciary committee engrossed bill
,
delete "
Class 6 felony
"
and
insert "
Class 1 misdemeanor
"
.
Moved by:
Representative Brown (Jarvis)
Second by:
Representative Koehn
Action:
Prevailed by roll call vote.
(7-5-1-0)
Voting yes:
Koehn, McIntyre, Michels, Nachtigal, Wilson, Hunt, Brown (Jarvis)
Voting no:
Duniphan, Earley, Fitzgerald, Slaughter, Volesky
Excused:
Young
MOTION:
DO PASS SB 228 AS AMENDED
Moved by:
Representative Duniphan
Second by:
Representative Koehn
Action:
Prevailed by roll call vote.
(8-4-1-0)
Voting yes:
Duniphan, Koehn, McIntyre, Michels, Nachtigal, Wilson, Hunt, Brown (Jarvis)
Voting no:
Earley, Fitzgerald, Slaughter, Volesky
Excused:
Young
SB 162:
increase the penalty for second convictions for criminal pedophilia.
Proponents:
Representative Matt Michels
Opponents:
Nick Braune, South Dakota Peace and Justice Center
Presented by:
Representative Matt Michels
MOTION:
AMEND SB 162
r-162a
On page
1
,
line
10 of the Senate Judiciary committee engrossed bill
,
delete "
However, the
sentencing court
"
.
On page
1
,
delete lines
11
to
14
, inclusive
.
Moved by:
Representative Michels
Second by:
Representative Wilson
Action:
Prevailed by voice vote.
MOTION:
SUBSTITUTE MOTION AMEND SB 162
r-162b
On page
1
,
line
10 of the Senate Judiciary committee engrossed bill
,
after "
However,
"
insert "
on
a second or subsequent offense,
"
.
Moved by:
Representative Volesky
Second by:
Representative Wilson
Action:
Failed by voice vote.
MOTION:
DO PASS SB 162 AS AMENDED
Moved by:
Representative Hunt
Second by:
Representative Earley
Action:
Prevailed by roll call vote.
(10-2-1-0)
Voting yes:
Duniphan, Earley, Fitzgerald, McIntyre, Michels, Slaughter, Volesky, Wilson,
Hunt, Brown (Jarvis)
Voting no:
Koehn, Nachtigal
Excused:
Young
SB 246:
revise certain provisions regarding the service of a summons.
Proponents:
Dave Knudson, Office of the Governor
Opponents:
None
Presented by:
Dave Knudson, Office of the Governor
MOTION:
DO PASS SB 246
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, Hunt, Brown (Jarvis)
Excused:
Young
MOTION:
ADJOURN
Moved by:
Representative Koehn
Second by:
Representative Hunt
Action:
Prevailed by voice vote.
Elizabeth L. Markley
_________________________________
Committee Secretary
Jarvis W. Brown, Chair
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