House Judiciary Minutes 02/12/2001 7:45 AM

76^th Legislative Session _ 2001

Committee: House Judiciary

Monday, February 12, 2001

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Bartling
A    Gillespie
P    Hennies (Thomas)
P    Jensen
P    Madsen
P    McCaulley
P    Monroe
P    Murschel
P    Nachtigal
E    Sebert
P    Valandra
P    Michels, Vice-Chair
P    Brown (Jarvis), Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Chairman Jarvis Brown

MOTION:     TO APPROVE THE MINUTES OF FEBRUARY 9, 2001

Moved by:    Jensen
Second by:    Michels
Action:    Prevailed by voice vote.

         HB 1228: provide for the suspension of driving privileges of certain students who are truant or who have been suspended or expelled from school.

Presented By:    Representative Alice McCoy
Proponents:    None
Opponents:    Cindy Gerber (SD Driver's Licensing)

        Tom Barnett (SD Bar Association)

MOTION:     DEFER HB 1228 TO THE 41^ST LEGISLATIVE DAY

Moved by:    Madsen
Second by:    Hennies (Thomas)
Action:    Prevailed by roll call vote.(10-1-1-1)

Voting Yes:    Bartling, Hennies (Thomas), Jensen, Madsen, McCaulley, Monroe, Murschel, Nachtigal, Valandra, Brown (Jarvis)

Voting No:    Michels

Excused:    Sebert

Absent:    Gillespie

         HB 1260: adopt the Uniform Interstate Enforcement of Domestic Violence Protection Orders Act.

Presented By:    Representative Thomas Van Norman
Proponents:    Holly Cahoy (Winner Resource/Network)
        Jeff Fox (Network Against Domestic Abuse)
Opponents:    Ann Holzhauser (SD Department of Social Services)

MOTION:     AMEND HB 1260

On page 6, after line 4 of the printed bill, insert:

" Section 9. Nothing in this Act relieves any party from complying with § 1-1-25.".

Moved by:    Michels
Second by:    Madsen
Action:    Prevailed by voice vote.

MOTION:     DO PASS HB 1260 AS AMENDED

Moved by:    Monroe
Second by:    Nachtigal
Action:    Was not acted on.

MOTION:     SUBSTITUTE MOTION DEFER HB 1260 TO THE 41^ST LEGISLATIVE DAY

Moved by:    Hennies (Thomas)
Second by:    Madsen
Action:    Prevailed by roll call vote.(8-3-1-1)

Voting Yes:    Bartling, Hennies (Thomas), Jensen, Madsen, McCaulley, Murschel, Michels, Brown (Jarvis)

Voting No:    Monroe, Nachtigal, Valandra

Excused:    Sebert

Absent:    Gillespie

         SB 183: allow the resignation of the registered agent of a limited liability partnership.

The Chair deferred SB 183 until February 14, 2001.

         SB 94: establish a statute of limitations for veterinary services.

Presented By:    Larry Nelson (SD Veterinary Association)
Proponents:    Brent Wilbur (Office of the Governor)
Opponents:    Rex Hagg (SD Trial Lawyers Association)

MOTION:     AMEND SB 94

On page 1, line 3 of the Senate Agriculture and Natural Resources Committee engrossed bill, delete " any member of a veterinarian's staff " and insert "a licensed veterinary technician".

Moved by:    Monroe
Action:    Failed by a lack of a second.

MOTION:     DO PASS SB 94

Moved by:    Madsen
Second by:    Bartling
Action:    Prevailed by roll call vote.(9-1-2-1)

Voting Yes:    Bartling, Hennies (Thomas), Jensen, Madsen, McCaulley, Murschel, Nachtigal, Valandra, Brown (Jarvis)

Voting No:    Monroe

Excused:    Sebert, Michels

Absent:    Gillespie

         SB 188: revise the time period when a garnishee summons and affidavit is served on the defendant.

Presented By:    Representative Jarvis Brown
Proponents:    Dennis Duncan (SD Collectors Association)
Opponents:    None

MOTION:     DO PASS SB 188

Moved by:    Brown (Jarvis)
Second by:    Jensen
Action:    Prevailed by roll call vote.(9-0-3-1)

Voting Yes:    Bartling, Hennies (Thomas), Jensen, Madsen, McCaulley, Monroe, Murschel, Nachtigal, Brown (Jarvis)

Excused:    Sebert, Valandra, Michels

Absent:    Gillespie

MOTION:     PLACE SB 188 ON CONSENT

Moved by:    Madsen
Second by:    Bartling
Action:    Prevailed by voice vote.

         SB 250: provide that taking money or property from patients or inmates by certain institution employees constitutes theft.

Presented By:    Cory Nelson (SD Department of Corrections)
Proponents:    Lynne Valenti (SD Department of Human Services)
Opponents:    None

MOTION:     DO PASS SB 250

Moved by:    Madsen
Second by:    Monroe
Action:    Prevailed by roll call vote.(8-1-3-1)

Voting Yes:    Bartling, Jensen, Madsen, McCaulley, Monroe, Murschel, Nachtigal, Brown (Jarvis)

Voting No:    Hennies (Thomas)

Excused:    Sebert, Valandra, Michels

Absent:    Gillespie

         SB 155: revise certain provisions concerning the termination of life estates and joint tenancies.

Presented By:    Tom Barnett (SD State Bar Association)
Proponents:    None
Opponents:    None

MOTION:     DO PASS SB 155

Moved by:    Monroe
Second by:    Hennies (Thomas)
Action:    Prevailed by roll call vote.(9-0-3-1)

Voting Yes:    Bartling, Hennies (Thomas), Jensen, Madsen, McCaulley, Monroe, Murschel, Nachtigal, Brown (Jarvis)

Excused:    Sebert, Valandra, Michels

Absent:    Gillespie

MOTION:     PLACE SB 155 ON CONSENT

Moved by:    Bartling
Second by:    Jensen
Action:    Prevailed by voice vote.

MOTION:     ADJOURN

Moved by:    Bartling
Second by:    Madsen
Action:    Prevailed by voice vote.

Jeanne Bullard

____________________________

Committee Secretary

Jarvis W. Brown, Chair

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