75th Legislative Session -- 2000
Committee: House Judiciary Monday, January 31, 2000
P - Present
E - Excused
A - Absent
Roll Call
P
Duniphan
P
Earley
P
Fitzgerald
P
Koehn
P
McIntyre
E
Michels
P
Nachtigal
P
Slaughter
E
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 1216:
revise certain provisions pertaining to easements from isolated tracts of
land to public highways.
Presented by:
Alan Aker, self
MOTION:
DO PASS HB 1216
Moved by:
Representative Duniphan
Second by:
Representative Fitzgerald
Action:
Prevailed by roll call vote.
(7-6-0-0)
Voting yes:
Duniphan, Fitzgerald, McIntyre, Volesky, Wilson, Young, Brown (Jarvis)
Voting no:
Earley, Koehn, Michels, Nachtigal, Slaughter, Hunt
HB 1192:
allow law enforcement agencies to report certain violations of law and
threats made by a student.
Presented by:
Dick Tieszen, Associated School Boards of SD
MOTION:
DO PASS HB 1192
Moved by:
Representative Duniphan
Second by:
Representative Earley
Action:
Prevailed by roll call vote.
(12-1-0-0)
Voting yes:
Duniphan, Earley, Fitzgerald, McIntyre, Michels, Nachtigal, Slaughter, Volesky,
Wilson, Young, Hunt, Brown (Jarvis)
Voting no:
Koehn
HB 1238:
provide that a temporary restraining order may extend beyond thirty days
in certain circumstances.
Presented by:
Rep Jarvis Brown
Proponents:
Jeff Fox, Network Against Domestic Violence
MOTION:
DO PASS HB 1238
Moved by:
Representative Michels
Second by:
Representative Slaughter
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 1187:
clarify the time of filing petitions for adoption.
Presented by:
Rep Jeff Monroe
Proponents:
Pat de Hueck, self
MOTION:
DO PASS HB 1187
Moved by:
Representative Michels
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)
MOTION:
PLACE HB 1187 ON CONSENT
Moved by:
Representative Duniphan
Second by:
Representative Earley
Action:
Prevailed by voice vote.
HB 1186:
provide for the issuance of reciprocal restraining orders in domestic
abuse cases.
Presented by:
Rep Jeff Monroe
Opponents:
Jeff Fox, Network Against Domestic Violence
MOTION:
DO PASS HB 1186
Moved by:
Representative Koehn
Second by:
Representative Young
Action:
Failed by roll call vote.
(2-11-0-0)
Voting yes:
Koehn, Young
Voting no:
Duniphan, Earley, Fitzgerald, McIntyre, Michels, Nachtigal, Slaughter, Volesky,
Wilson, Hunt, Brown (Jarvis)
MOTION:
DEFER HB 1186 UNTIL THE 36TH LEGISLATIVE DAY
Moved by:
Representative Michels
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)
HB 1098:
require notification of the cancellation or termination of certain motor
vehicle insurance policies and to provide for the revocation of vehicle licenses and
registration unless coverage is secured.
Presented by:
Rep Alice McCoy
Opponents:
Mike Buenger, State Court Administrator
Deb Hillmer, SD DMV
Bill Mickelson, SD Highway Patrol
MOTION:
AMEND HB 1098
1098oa
On the printed bill, delete everything after the enacting clause
and insert:
"
Section
1.
That
§
32-35-121
be amended to read as follows:
32-35-121.
The magistrate judge or circuit judge shall additionally suspend the driver's license
of any person convicted of a violation of
§
32-35-113 or 32-35-120 for a period of not less than thirty
days and not to exceed one year. Any drivers license surrendered to the court pursuant to this section
shall be transmitted by the clerk of court together with the required report of the conviction, to the
Department of Commerce and Regulation within ten days of the conviction.
The judge shall also
suspend the motor vehicle registration and license plates of any person convicted of a violation of
§
32-35-113 or 32-35-120 for a period of not less than thirty days and not to exceed one year. The
motor vehicle registration and license plates of the person's motor vehicle involved in such a
violation shall be the registration and license plates suspended. Any registration and license plates
surrendered to the court pursuant to this section shall be transmitted by the clerk of court together
with the required report of the conviction, to the Division of Motor Vehicles within ten days of the
conviction. If the person does not surrender the vehicle's registration and license plates to the court
within two days, the court shall order local law enforcement to seize the license plates and transmit
the plates to the clerk of court for delivery to the Division of Motor Vehicles. The person shall pay
a reinstatement fee of fifty dollars to the Division of Motor Vehicles before a vehicle's seized license
plates may be released.
"
Moved by:
Representative Fitzgerald
Second by:
Representative Koehn
Action:
Prevailed by voice vote.
MOTION:
DEFER HB 1098 UNTIL THE 36TH LEGISLATIVE DAY
Moved by:
Representative Duniphan
Second by:
Representative Michels
Action:
Prevailed by roll call vote.
(12-0-1-0)
Voting yes:
Duniphan, Earley, Fitzgerald, McIntyre, Michels, Nachtigal, Slaughter, Volesky,
Wilson, Young, Hunt, Brown (Jarvis)
Excused:
Koehn
HB 1174:
revise the provisions on the liability of adjoining property owners for
failure to repair or maintain sidewalks.
Presented by:
Rep Roger Hunt
Proponents:
Bob Frieberg, SD Municipal League
MOTION:
DO PASS HB 1174
Moved by:
Representative Volesky
Second by:
Representative Hunt
Action:
Prevailed by roll call vote.
(11-2-0-0)
Voting yes:
Duniphan, Earley, Fitzgerald, McIntyre, Michels, Nachtigal, Slaughter, Volesky,
Wilson, Hunt, Brown (Jarvis)
Voting no:
Koehn, Young
SB 21:
allow for additional public distribution of sex offender information.
Presented by:
Mark Barnett, Attorney General
MOTION:
AMEND SB 21
21ra
On page
1
,
line
8 of the Senate engrossed bill
,
delete "
For those registered offenders convicted
of rape in the first
"
.
On page
1
,
line
9
,
delete "
degree or criminal pedophilia, the
"
and insert "
The
"
.
On page
1
,
delete lines
12
to
17
, inclusive
.
On page
2
,
delete lines
1
to
5
, inclusive
.
Moved by:
Representative Fitzgerald
Second by:
Representative Earley
Action:
Prevailed by voice vote.
MOTION:
DO PASS SB 21 AS AMENDED
Moved by:
Representative Duniphan
Second by:
Representative Slaughter
Action:
Prevailed by roll call vote.
(8-5-0-0)
Voting yes:
Duniphan, Earley, Fitzgerald, Michels, Slaughter, Volesky, Hunt, Brown (Jarvis)
Voting no:
Koehn, McIntyre, Nachtigal, Wilson, Young
HJR 1005:
Proposing and submitting to the electors at the next general election an
amendment to Article VI, section 7 of the Constitution of the State of South
Dakota, relating to the rights of the accused.
Presented by:
Rep Mike Koehn
Proponents:
Bob Newland,self
Opponents:
Bob Frieberg, SD Trial Lawyers Assn
Mark Barnett, Attorney General
Tom Barnett, SD State Bar
Mike Buenger, State Court Administrator
MOTION:
DEFER HJR1005 UNTIL THE 36TH LEGISLATIVE DAY
Moved by:
Representative Michels
Second by:
Representative Earley
Action:
Was not acted on.
MOTION:
SUBSTITUTE MOTION DO PASS HJR1005
Moved by:
Representative Nachtigal
Second by:
Representative Koehn
Action:
Failed by roll call vote.
(2-11-0-0)
Voting yes:
Koehn, Nachtigal
Voting no:
Duniphan, Earley, Fitzgerald, McIntyre, Michels, Slaughter, Volesky, Wilson,
Young, Hunt, Brown (Jarvis)
MOTION:
DEFER HJR1005 UNTIL THE 36TH LEGISLATIVE DAY
Moved by:
Representative Michels
Second by:
Representative Earley
Action:
Prevailed by roll call vote.
(12-1-0-0)
Voting yes:
Duniphan, Earley, Fitzgerald, McIntyre, Michels, Nachtigal, Slaughter, Volesky,
Wilson, Young, Hunt, Brown (Jarvis)
Voting no:
Koehn
HB 1184:
provide immunity to members of county boards of mental illness.
Presented by:
Rep Matthew Michels
MOTION:
DO PASS HB 1184
Moved by:
Representative Earley
Second by:
Representative McIntyre
Action:
Was not acted on.
MOTION:
SUBSTITUTE MOTION DEFER HB 1184 UNTIL 2-2-00
Moved by:
Representative Volesky
Second by:
Representative Hunt
Action:
Prevailed by voice vote.
MOTION:
ADJOURN
Moved by:
Representative McIntyre
Second by:
Representative Earley
Action:
Prevailed by voice vote.
James Wosepka
_________________________________
Committee Secretary
Jarvis W. Brown, Chair
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