75th Legislative Session -- 2000

Committee: House Judiciary            

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P      Duniphan
P      Earley
P      Fitzgerald
E      Koehn
P      McIntyre
P      Michels
P      Nachtigal
P      Slaughter
P      Volesky
E      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 Fitzgerald
Action:      Prevailed by voice vote.

The Chair deferred HB 1184 until 2-4-00.

The Chair deferred HB 1283 until 2-4-00.

The Chair deferred HB 1284 until 2-4-00.

The Chair deferred HB 1285 until 2-4-00.

          HB 1113:   authorize certain evidence in the defense of a violation for a sale of alcoholic beverages to a person under the age of twenty-one.

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Presented by:      Rep Roger Hunt
Proponents:      Jerry Wheeler, SD Retailers Assn

MOTION:      DO PASS HB 1113

Moved by:      Representative Young
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 1113 ON CONSENT

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

          HB 1194:   revise the elements of the crime of stalking.

Presented by:      Rep Mike Wilson
Proponents:      Mike Buenger, State Court Administrator

MOTION:      AMEND HB 1194 (amendment pending from 1-28-00)

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:      Prevailed by voice vote.

MOTION:      DO PASS HB 1194 AS AMENDED

Moved by:      Representative Earley
Second by:      Representative McIntyre
Action:      Prevailed by roll call vote.   (13-0-0-0)

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

MOTION:      TO AMEND TITLE OF HB 1194

1194rta

     On page 1 , line 1 of the printed bill , delete " revise the elements of the crime of stalking " and insert " provide for the issuance of a protection order in the case of certain crimes of violence or assaults " .

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

          HB 1308:   prohibit the possession of certain forms of computer-related child pornography.

Presented by:      Rep John McIntyre
Proponents:      Charlie Mc Guigan, SD Attorney General office
          Troy Lubbers, Sioux Falls Police Department
          John Paulton, SD Family Policy Council

MOTION:      DO PASS HB 1308

Moved by:      Representative Michels
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, Young, Brown (Jarvis)

Excused:      Hunt

          HB 1303:   permit use of distraint, including booting, seizure, and sale against any motor vehicle owned by certain child support obligors.

Presented by:      Rep Bill Peterson
Proponents:      Tom Adam, SD Bankers Assn
Opponents:      Dave Braun, SD Department of Social Services
          Mike Leidholt, Hughes County Sheriff

MOTION:      AMEND HB 1303

1303ra

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     On page 2 , line 23 of the printed bill , after " vehicle. " insert " The gross proceeds shall be applied to the payment of any lien noted on the certificate of title in the order of priority, and the balance, if any, shall be applied to the costs incurred in the sale. " .

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

MOTION:      DEFER HB 1303 UNTIL THE 36TH LEGISLATIVE DAY

Moved by:      Representative Hunt
Second by:      Representative Earley
Action:      Prevailed by roll call vote.   (10-2-1-0)

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

Voting no:      Volesky, Wilson

Excused:      Young

          HB 1270:   criminally prohibit the killing or harming of a police dog.

Presented by:      Rep Don Munson
Proponents:      Mike Leidholt, Hughes County Sheriff
Opponents:      Rep Mike Koehn

MOTION:      DO PASS HB 1270

Moved by:      Representative Hunt
Second by:      Representative Duniphan
Action:      Was not acted on.

MOTION:      SUBSTITUTE MOTION DEFER HB 1270 UNTIL THE 36TH LEGISLATIVE DAY

Moved by:      Representative Wilson
Second by:      Representative Koehn
Action:      Prevailed by roll call vote.   (7-5-1-0)

Voting yes:      Earley, Koehn, McIntyre, Nachtigal, Slaughter, Volesky, Wilson

Voting no:      Duniphan, Fitzgerald, Michels, Hunt, Brown (Jarvis)

Excused:      Young

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          HB 1278:   revise certain provisions relating to the method of amending the articles of incorporation of nonprofit corporations.

Presented by:      Rep Matthew Michels
Proponents:      Brian Meyer, SD Association of Telephone Cooperatives

MOTION:      DO PASS HB 1278

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

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

Excused:      Volesky

MOTION:      PLACE HB 1278 ON CONSENT

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

          HB 1277:   require the compiling and reporting of certain domestic abuse information.

Presented by:      Rep Matthew Michels
Proponents:      Jeff Fox, Network Against Domestic Abuse
          Charlie McGuigan, Attorney General Office
          Mike Leidholt, Hughes County Sheriff

MOTION:      DO PASS HB 1277

Moved by:      Representative Duniphan
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)

MOTION:      PLACE HB 1277 ON CONSENT

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

          HB 1172:   revise certain provisions regarding divorce and separate maintenance.

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Presented by:      Rep Roger Hunt
Proponents:      John Paulton, SD Family Policy Council
          Kitty Werthman, Eagle Forum
Opponents:      Tom Barnett, SD State Bar
          Bob Frieberg, SD Trial Lawyers Assn

The Chair deferred HB 1172 until 2-4-00.

MOTION:      ADJOURN

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

James Wosepka

Committee Secretary