75th Legislative Session -- 2000

Committee: House Judiciary

                                            P - Present
                                            E - Excused
                                            A - Absent

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

          HB 1306:   retroactively apply the annual increase in workers' compensation benefits to certain disabilities.

Presented by:      Rep Jay Duenwald
Proponents:      Roy Ehlers, self
          Robert Kean, SD Advocacy Services
Opponents:      James Marsh, SD Department of Labor
          Dick Tieszen, Associated School Boards of SD

MOTION:      AMEND HB 1306

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1306oa

     On the printed bill, delete everything after the enacting clause and insert:

     " Section  1.  The annual increase in benefit allowance provided by §  62-4-7 also applies to any total disability occurring before July 1, 1989. The annual increase in benefit allowance for such a total disability applies prospectively from July 1, 2000.

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

MOTION:      DEFER HB 1306 UNTIL THE 36TH LEGISLATIVE DAY

Moved by:      Representative Earley
Second by:      Representative Michels
Action:      Was not acted on.

MOTION:      SUBSTITUTE MOTION DO PASS HB 1306 AS AMENDED

Moved by:      Representative Nachtigal
Second by:      Representative McIntyre
Action:      Failed by roll call vote.   (5-6-2-0)

Voting yes:      McIntyre, Nachtigal, Wilson, Hunt, Brown (Jarvis)

Voting no:      Duniphan, Earley, Fitzgerald, Michels, Slaughter, Young

Excused:      Koehn, Volesky

The Chair deferred HB 1306 until later in the meeting.

          HB 1283:   clarify when a defendant may be granted court-appointed counsel for certain misdemeanor offenses.

Presented by:      Rep Roger Brooks
Proponents:      Dave Nelson, Minnehaha County States Attorney
          Chuck Schroyer, SD States Attorney Assn

MOTION:      DO PASS HB 1283

Moved by:      Representative Earley
Second by:      Representative Fitzgerald
Action:      Failed by roll call vote.   (4-7-2-0)

Voting yes:      Duniphan, Earley, Fitzgerald, Hunt

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Voting no:      McIntyre, Michels, Nachtigal, Slaughter, Wilson, Young, Brown (Jarvis)

Excused:      Koehn, Volesky

MOTION:      DEFER HB 1283 UNTIL THE 36TH LEGISLATIVE DAY

Moved by:      Representative Wilson
Second by:      Representative Nachtigal
Action:      Prevailed by roll call vote.   (8-3-2-0)

Voting yes:      McIntyre, Michels, Nachtigal, Slaughter, Wilson, Young, Hunt, Brown (Jarvis)

Voting no:      Duniphan, Earley, Fitzgerald

Excused:      Koehn, Volesky

          HB 1284:   include vehicular battery as an offense for which the statutory presumptions arising from a chemical analysis of bodily fluids apply.

Presented by:      Dave Nelson, Minnehaha County States Attorney
          Bill Mickelson, SD Highway Patrol

MOTION:      DO PASS HB 1284

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

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

Excused:      Koehn, Volesky

MOTION:      PLACE HB 1284 ON CONSENT

Moved by:      Representative Duniphan
Second by:      Representative Slaughter
Action:      Failed by voice vote.

          HB 1285:   clarify that a person arrested for the offenses of vehicular battery or vehicular homicide may be required to submit to a withdrawal of bodily substances for chemical analysis.

Presented by:      Dave Nelson, Minnehaha County States Attorney
          Bill Mickelson, SD Highway Patrol

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MOTION:      DO PASS HB 1285

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

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

Excused:      Koehn, Volesky

MOTION:      PLACE HB 1285 ON CONSENT

Moved by:      Representative Fitzgerald
Second by:      Representative Slaughter
Action:      Failed by voice vote.

          HB 1184:   provide immunity to members of county boards of mental illness.

Presented by:      Rep Kristie Fiegen
Proponents:      Betty Oldenkamp, SD Division of Mental Health

MOTION:      DO PASS HB 1184

Moved by:      Representative Duniphan
Second by:      Representative Fitzgerald
Action:      Prevailed by roll call vote.   (9-2-2-0)

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

Voting no:      Young, Hunt

Excused:      Koehn, Volesky

          HB 1254:   establish a statute of limitations for certain actions or omissions by veterinarians.

Presented by:      Dennis Duncan, SD Veterinary Medicine Assn
          Brent Wilbur, Office of the Governor

MOTION:      DEFER HB 1254 UNTIL 2-7-00

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

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          HB 1172:   revise certain provisions regarding divorce and separate maintenance.
(Continued from prior meeting of 2-2-00)


MOTION:      AMEND HB 1172

1172ra

     On page 1 , delete lines 4 to 17 of the printed bill , inclusive .

     On page 2 , delete lines 1 to 3 , inclusive .

     On page 2 , delete line 5 , and insert " 25-4-34. An action for divorce or separate " .

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

MOTION:      DO PASS HB 1172

Moved by:      Representative Hunt
Second by:      Representative Fitzgerald
Action:      Failed by roll call vote.   (5-7-1-0)

Voting yes:      Earley, Fitzgerald, Slaughter, Young, Hunt

Voting no:      Duniphan, Koehn, McIntyre, Michels, Nachtigal, Wilson, Brown (Jarvis)

Excused:      Volesky

MOTION:      WITHOUT RECOMMENDATION HB 1172 AS AMENDED

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

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

Voting no:      Koehn, Nachtigal

Excused:      Volesky

          SB 60:   provide for the revocation of the driving privileges of certain persons who are under the influence of illegal substances while driving or riding in a motor vehicle.

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Presented by:      Senator Ken Albers
Proponents:      Rep Tom Hennies
          Chuck Schroyer, SD States Attorney Assn

MOTION:      DO PASS SB 60

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

MOTION:      SUBSTITUTE MOTION DEFER SB 60 UNTIL 2-7-00

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

          HB 1306:   retroactively apply the annual increase in workers' compensation benefits to certain disabilities.



The Chair deferred HB 1306 until 2-7-00.

          SB 48:   establish the crime of criminal exposure to HIV and to provide a penalty therefor.

Presented by:      Senator Rebecca Dunn (doc 1)

MOTION:      DO PASS SB 48

Moved by:      Representative Duniphan
Second by:      Representative Fitzgerald
Action:      Prevailed by roll call vote.   (7-3-3-0)

Voting yes:      Duniphan, Fitzgerald, McIntyre, Nachtigal, Slaughter, Young, Brown (Jarvis)

Voting no:      Koehn, Michels, Wilson

Excused:      Earley, Volesky, Hunt

MOTION:      ADJOURN

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

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James Wosepka

Committee Secretary