75th Legislative Session -- 2000
Committee: House Judiciary
Friday, January 28, 2000
P - Present
E - Excused
A - Absent
Roll Call
P
Duniphan
P
Earley
P
Fitzgerald
E
Koehn
E
McIntyre
E
Michels
P
Nachtigal
P
Slaughter
P
Volesky
E
Wilson
E
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 Fitzgerald
Action:
Prevailed by voice vote.
HB 1144:
allow for the award of reasonable attorney fees in certain legal
proceedings.
Presented by:
Rep William Early
Proponents:
Dean Krogman, Multi Housing Assn
MOTION:
DO PASS HB 1144
Moved by:
Representative Duniphan
Second by:
Representative Young
Action:
Prevailed by roll call vote.
(9-2-2-0)
Voting yes:
Duniphan, Earley, Michels, Nachtigal, Slaughter, Volesky, Young, Hunt, Brown
(Jarvis)
Voting no:
Fitzgerald, Wilson
Excused:
Koehn, McIntyre
HB 1158:
define and establish partner or family member assault as a crime separate
and distinct from other assaults and to provide penalties therefor.
Presented by:
Rep Ron Volesky
Proponents:
RoAnn Redlin, Governor's Task Force on Domestic Assault
Joanie Clarke, SD Advocay Network for Women
MOTION:
DEFER HB 1158 UNTIL THE 36TH LEGISLATIVE DAY
Moved by:
Representative Michels
Second by:
Representative Earley
Action:
Was not acted on.
MOTION:
SUBSTITUTE MOTION DO PASS HB 1158
Moved by:
Representative Volesky
Second by:
Representative Fitzgerald
Action:
Failed by roll call vote.
(6-5-2-0)
Voting yes:
Duniphan, Fitzgerald, Nachtigal, Slaughter, Volesky, Wilson
Voting no:
Earley, Michels, Young, Hunt, Brown (Jarvis)
Excused:
Koehn, McIntyre
MOTION:
DEFER HB 1158 UNTIL THE 36TH LEGISLATIVE DAY
Moved by:
Representative Michels
Second by:
Representative Earley
Action:
Prevailed by roll call vote.
(7-5-1-0)
Voting yes:
Earley, Koehn, Michels, Nachtigal, Young, Hunt, Brown (Jarvis)
Voting no:
Duniphan, Fitzgerald, Slaughter, Volesky, Wilson
Excused:
McIntyre
HB 1142:
increase the penalty for persons under the age of twenty-one to illegally
purchase, attempt to purchase, possess, or consume alcoholic beverages.
Presented by:
Jerry Wheeler, SD Retailers Assn
Tim Doughtery, SD Retail Liquor Dealers Assn
MOTION:
AMEND HB 1142
1142ra
On page
1
,
line
5 of the printed bill
,
after "
years
"
insert "
, but over the age of seventeen years,
"
.
On page
1
,
line
8
,
after "
years
"
insert "
, but over the age of seventeen years,
"
.
On page
1
,
after line
10
,
insert:
"
Section 2. That chapter 35-9 be amended by adding thereto a NEW SECTION to read as follows:
It is a Class 2 misdemeanor for any person under the age of eighteen years to purchase, attempt
to purchase, or possess or consume alcoholic beverages except if consumed in a religious ceremony
and given to the person by an authorized person. It is a Class 2 misdemeanor for any person under
the age of eighteen years to misrepresent the person's age with the use of any document for the
purpose of purchasing or attempting to purchase alcoholic beverages from any licensee licensed
under this title.
"
Moved by:
Representative Duniphan
Second by:
Representative Volesky
Action:
Prevailed by voice vote.
MOTION:
DO PASS HB 1142 AS AMENDED
Moved by:
Representative Fitzgerald
Second by:
Representative Duniphan
Action:
Prevailed by roll call vote.
(10-1-2-0)
Voting yes:
Duniphan, Earley, Fitzgerald, Michels, Nachtigal, Slaughter, Volesky, Wilson,
Hunt, Brown (Jarvis)
Voting no:
Young
Excused:
Koehn, McIntyre
HB 1111:
prohibit an adult from purchasing alcoholic beverages for anyone under
the age of twenty-one and to establish a penalty.
Presented by:
Rep Roger Hunt
Proponents:
Jerry Wheeler, SD Retailers Assn
David Owen, SD Chamber of Commerce & Industry
Tim Doughtery, SD Retail Liquor Dealers Assn
MOTION:
AMEND HB 1111
1111ra
On page
1
,
line
6 of the printed bill
,
delete "
It
"
and insert "
Except as provided in
§
§
35-9-1 and
35-9-1.1, it
"
.
Moved by:
Representative Hunt
Second by:
Representative Duniphan
Action:
Prevailed by voice vote.
MOTION:
DO PASS HB 1111 AS AMENDED
Moved by:
Representative Hunt
Second by:
Representative Duniphan
Action:
Prevailed by roll call vote.
(10-1-2-0)
Voting yes:
Duniphan, Earley, Fitzgerald, Michels, Slaughter, Volesky, Wilson, Young, Hunt,
Brown (Jarvis)
Voting no:
Nachtigal
Excused:
Koehn, McIntyre
HB 1112:
authorize a merchant to detain certain persons who are under legal age
and who have illegally purchased, attempted to purchase, or possess alcoholic
beverages or tobacco products.
Presented by:
Rep Roger Hunt
Proponents:
Jerry Wheeler, SD Retailers Assn
Tim Doughtery, SD Retail Liquor Dealers Assn
Dawna Leitzke, SD Petroleum Manufacters Assn
MOTION:
DO PASS HB 1112
Moved by:
Representative Hunt
Second by:
Representative Fitzgerald
Action:
Prevailed by roll call vote.
(7-4-2-0)
Voting yes:
Duniphan, Earley, Fitzgerald, Slaughter, Young, Hunt, Brown (Jarvis)
Voting no:
Michels, Nachtigal, Volesky, Wilson
Excused:
Koehn, McIntyre
HB 1206:
increase the penalty for stealing or damaging certain highway markers,
signs, or control devices and make such violators responsible for any damages.
Presented by:
Rep Mike Broderick
Proponents:
Bill Nevin, Department of Transportation
Jim Keyes, Assocation of General Contractors
MOTION:
AMEND HB 1206
1206ra
On page
1
,
line
10 of the printed bill
,
delete "
. Any person who violates this
"
.
On page
1
,
delete lines
11
and
12
.
On page
1
,
line
13, delete the underscored material
.
Moved by:
Representative Wilson
Second by:
Representative Michels
Action:
Prevailed by voice vote.
MOTION:
AMEND HB 1206
1206rb
On page
1
,
line
10 of the printed bill
,
remove the overstrikes from "
Class 1 misdemeanor
"
.
On page
1
,
line
10
,
delete "
Class 6 felony
"
.
Moved by:
Representative Wilson
Second by:
Representative Earley
Action:
Prevailed by voice vote.
MOTION:
AMEND HB 1206
1206rc
On page
1
,
line
6 of the printed bill
,
after "
may,
"
insert "
intentionally,
"
.
Moved by:
Representative Duniphan
Second by:
Representative Earley
Action:
Prevailed by voice vote.
MOTION:
DO PASS HB 1206 AS AMENDED
Moved by:
Representative Volesky
Second by:
Representative Duniphan
Action:
Prevailed by roll call vote.
(8-3-2-0)
Voting yes:
Duniphan, Earley, Michels, Nachtigal, Slaughter, Volesky, Hunt, Brown (Jarvis)
Voting no:
Fitzgerald, Wilson, Young
Excused:
Koehn, McIntyre
MOTION:
TO AMEND TITLE OF HB 1206
1206rta
On page
1
,
line
1 of the printed bill
,
delete "
increase the penalty for stealing or damaging
"
and
insert "
prohibit the possession of
"
.
On page
1
,
line
2
,
delete "
and to make such violators responsible for any
"
and insert "
.
"
.
On page
1
,
delete line
3
.
Moved by:
Representative Michels
Second by:
Representative Brown (Jarvis)
Action:
Prevailed by voice vote.
HB 1194:
revise the elements of the crime of stalking.
Presented by:
Rep Mike Wilson
Proponents:
Matt Theophilus, Deputy States Attorney, Minnehaha County
Christine Hargrave, SD Network Against Family Violence
Joanie Clarke, SD Advocacy Network
MOTION:
AMEND HB 1194
1194ra
On the printed bill,
delete everything after the enacting clause and insert:
"
Section 1. Any person who has suffered physical injury as a result of an assault or a crime of
violence as defined in subdivision 22-1-2(9) may petition the court for a protection order. The
petition shall be accompanied by an affidavit made under oath stating the specific facts and
circumstances of the injury and the acts which caused the injury. The petition shall be governed by
the procedures and penalties described in
§
§
22-19A-9 to 22-19A-16, inclusive.
"
Moved by:
Representative Wilson
Second by:
Representative Duniphan
Action:
Was not acted on.
The Chair deferred HB 1194 until 1-31-2000, with pending amendment (1194ra).
HB 1195:
restrict contact between defendant and victim after the commission of
assault or stalking.
Presented by:
Rep Mike Wilson
Proponents:
Deb Aden, Rape & Domestic Violence Center
Matt Theophilus, Deputy States Attorney, Minnehaha County
MOTION:
DO PASS HB 1195
Moved by:
Representative Duniphan
Second by:
Representative Michels
Action:
Prevailed by roll call vote.
(10-1-2-0)
Voting yes:
Duniphan, Earley, Fitzgerald, Michels, Nachtigal, Slaughter, Volesky, Wilson,
Young, Brown (Jarvis)
Voting no:
Hunt
Excused:
Koehn, McIntyre
MOTION:
ADJOURN
Moved by:
Representative Duniphan
Second by:
Representative Fitzgerald
Action:
Prevailed by voice vote.
James Wosepka
_________________________________
Committee Secretary
Jarvis W. Brown, Chair
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