75th Legislative Session -- 2000

Committee: House Judiciary

                                            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 Chair Brown

MOTION:      TO APPROVE THE MINUTES OF prior meeting

Moved by:      Representative Duniphan
Second by:      Representative Earley
Action:      Prevailed by voice vote.

          HB 1046:   revise the benefit plans that are exempt from execution, attachment, garnishment, seizure, or taking by any legal process.

Presented by:      Rep Don Munson

MOTION:      AMEND HB 1046

1046ra

     On page 1 , line 8 of the printed bill , overstrike " 401(a) " and insert " 401 " .

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Moved by:      Representative Wilson
Second by:      Representative Duniphan
Action:      Prevailed by voice vote.

MOTION:      DO PASS HB 1046 AS AMENDED

Moved by:      Representative Duniphan
Second by:      Representative Michels
Action:      Prevailed by roll call vote.   (11-0-2-0)

Voting yes:      Duniphan, Earley, Fitzgerald, McIntyre, Michels, Nachtigal, Slaughter, Volesky, Wilson, Hunt, Brown (Jarvis)

Excused:      Koehn, Young

MOTION:      PLACE HB 1046 ON CONSENT

Moved by:      Representative Nachtigal
Second by:      Representative Fitzgerald
Action:      Prevailed by voice vote.

          HB 1052:   codify the legislation passed in 1999.

Presented by:      Doug Decker, SD Code Commission, LRC

MOTION:      DO PASS HB 1052

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, Volesky, Wilson, Hunt, Brown (Jarvis)

Excused:      Koehn, Young

MOTION:      PLACE HB 1052 ON CONSENT

Moved by:      Representative Duniphan
Second by:      Representative Michels
Action:      Prevailed by voice vote.

          HB 1042:   modify the minimum penalties for second or subsequent offenses for driving under the influence.

Presented by:      Rep Michels and Rep Wilson

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MOTION:      DEFER HB 1042 UNTIL THE 36TH LEGISLATIVE DAY

Moved by:      Representative Michels
Second by:      Representative Wilson
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 1007:   revise certain provisions related to liability for trespass by certain animals.

Presented by:      Rep Willard Pummel
Opponents:      Dr Sam Holland, State Veterinarian

MOTION:      SUBSTITUTE MOTION AMEND HB 1007

1007rb

     On the printed bill, delete everything after the enacting clause and the previously adopted committee amendment and insert:

"    Section 1. If any person owns or has charge or possession of any buffalo, such person is strictly liable for damages caused to any other person by reason of trespass by the buffalo.

    Section 2. Before any person pastures or otherwise confines buffalo, such person shall erect fences of sufficient height and strength to ensure that the buffalo will not trespass on the property of any other person. The construction of such fences shall be completed before any buffalo may be pastured or confined.

     A violation of this section is a Class 1 misdemeanor.

    Section 3. Any person pasturing or confining buffalo is solely responsible for the cost of constructing and maintaining any fence required to comply with the provisions of section 2 of this Act, whether such fence is a partition fence or is a fence that does not follow a property line. If the fence is a partition fence and is a legal partition fence as defined in §  43-23-4, any person owning or having charge or possession of buffalo may elect to improve such legal partition fence so that the fence is of sufficient height and strength to ensure that the buffalo will not trespass on the property of any other person.

    Section 4. Any person claiming injury from trespass by buffalo, before commencing action, shall notify, within thirty days, the owner or person having charge or possession of the buffalo, of the injury and probable amount of the damages, if the person claiming injury knows to whom the buffalo belongs.

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    Section 5. Any person suffering injury from trespass by buffalo may retain and keep in custody any trespassing buffalo until the damages and costs are paid, or until good and sufficient security is given."

Moved by:      Representative Michels
Second by:      Representative Duniphan
Action:      Prevailed by voice vote.

MOTION:      AMEND HB 1007

1007rd

     In section 2 of the previously adopted amendment, delete " A violation of this section is a Class 1 misdemeanor. "

Moved by:      Representative Wilson
Second by:      Representative Fitzgerald
Action:      Prevailed by voice vote.

The Chair deferred HB 1007 until 1-21-00.

          HB 1064:   revise certain provisions relating to the procurement, collection, filing, and analysis of biological specimens from persons convicted of crimes of violence.

Presented by:      Rep Tom Hennies

The Chair deferred HB 1064 until 1-21-00.

          HB 1065:   prohibit certain sexual acts between certain jail and juvenile correctional facility employees and prisoners and to provide a penalty therefor.

Presented by:      Rep Tom Hennies

MOTION:      DO PASS HB 1065

Moved by:      Representative Hunt
Second by:      Representative Fitzgerald
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 1068:   revise certain provisions relating to the disposition of property seized by law enforcement agencies.

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Presented by:      Rep Tom Hennies

MOTION:      AMEND HB 1068

1068ra

     On page 1 , line 14 of the printed bill , delete " auditor or finance officer " and insert " appropriate finance officer of the city, county, or state employing such law enforcement agency. " .

     On page 1 , delete line 15 .

Moved by:      Representative Duniphan
Second by:      Representative Fitzgerald
Action:      Prevailed by voice vote.

MOTION:      DO PASS HB 1068 AS AMENDED

Moved by:      Representative Duniphan
Second by:      Representative Koehn
Action:      Prevailed by roll call vote.   (12-1-0-0)

Voting yes:      Duniphan, Earley, Fitzgerald, Koehn, McIntyre, Michels, Nachtigal, Slaughter, Volesky, Wilson, Hunt, Brown (Jarvis)

Voting no:      Young

          HB 1055:   provide for the finalization of proceedings for termination of parental rights under certain circumstances.

Presented by:      Rep Roger Hunt

MOTION:      DO PASS HB 1055

Moved by:      Representative Duniphan
Second by:      Representative Earley
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 HB 1055 ON CONSENT

Moved by:      Representative Duniphan
Second by:      Representative Earley
Action:      Prevailed by voice vote.

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MOTION:      ADJOURN

Moved by:      Representative Duniphan
Second by:      Representative Earley
Action:      Prevailed by voice vote.

James Wosepka

Committee Secretary