82nd Legislative Session _ 2007

Committee: Senate State Affairs
Monday, February 12, 2007

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Abdallah
P    Hanson (Gary)
P    Heidepriem
P    Knudson
P    McCracken
P    Nesselhuf
P    Olson (Ed)
P    Gray, Vice-Chair
P    Dempster, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Senator Tom Dempster, Chair

MOTION:     TO APPROVE THE MINUTES OF FRIDAY, FEBRUARY 9, 2007

Moved by:    McCracken
Second by:    Knudson
Action:    Prevailed by voice vote.

The Chair deferred HB 1201 until another day.

         HB 1160: repeal the requirement for physician involvement in the execution of a sentence of death by eliminating certain specified roles.

Presented by:    Senator Bob Gray
Proponents:    Dean Krogman, South Dakota State Medical Association
        Neil Fulton, Governor's Office
Opponents:    Larry Nelson, National Coalition to Abolish the Death Penalty
        Jennifer Ring, ACLU of The Dakotas


MOTION:     DO PASS HB 1160

Moved by:    Abdallah
Second by:    Knudson
Action:    Prevailed by roll call vote.(8-1-0-0)

Voting Yes:    Abdallah, Hanson (Gary), Heidepriem, Knudson, McCracken, Olson (Ed), Gray, Dempster

Voting No:    Nesselhuf

         HB 1175: provide for the substances used in the execution of a sentence of death and to allow the choice of the substances used in an execution under certain circumstances.

Presented by:    Neil Fulton, Governor's Office
Proponents:    Larry Long, Attorney General
Opponents:    Larry Nelson, National Coalition to Abolish the Death Penalty

MOTION:     DO PASS HB 1175

Moved by:    Olson (Ed)
Second by:    Abdallah
Action:    Was not acted on.

MOTION:     SUBSTITUTE MOTION AMEND HB 1175

1175tc
     On the printed bill, delete everything after the enacting clause and insert:

"      Section 1. There is established the South Dakota Death Penalty Study Commission. The commission shall study all aspects of the death penalty as currently administered in the State of South Dakota, including the following issues:

             (1)    Which methods of and protocol for execution have the least risk of morally or legally unacceptable complications;
             (2)    Whether the death penalty rationally serves a legitimate purpose such as deterrence or healing the families of victims;
             (3)    Whether public safety can be adequately protected by the punishment of life in prison, and if not what additional measures are necessary to protect public safety;
             (4)    Whether, in order to insure public safety, it is necessary to restrict the Governor's ability to commute life sentences;
             (5)    Whether there is a significant difference between the cost of the death penalty from indictment to execution and the cost of life in prison;
             (6)    Whether the selection of defendants in South Dakota for capital trials is arbitrary, unfair, or discriminatory in any way;
             (7)    Whether the state's interest in executing some of those who are guilty of capital crimes is sufficiently compelling that the risk of irreversible mistake is acceptable; and
             (8)    Whether the death penalty is consistent with evolving standards of decency.

     Section 2. The commission shall be composed of thirteen members. Appointments shall reflect the diversity of the population of South Dakota. Members shall be appointed as follows:
             (1)    Four members appointed by the Governor, at least two of whom shall be appointed from the religious and ethical community in South Dakota;
             (2)    Two members appointed by the president pro tempore of the Senate. The members shall be members of the Senate and may not be members of the same political party;
             (3)    Two members appointed by the speaker of the House of Representatives. The members shall be members of the House of Representatives and may not be members of the same political party;
             (4)    The Minnehaha County public defender or a designee;
             (5)    The Pennington County public defender or a designee;
             (6)    The attorney general or a designee;
             (7)    The president of the South Dakota State Bar Association or a designee;
             (8)    One member appointed by the State's Attorneys' Association of South Dakota.

Members shall be appointed within thirty days of the effective date of this Act. Any vacancy in the membership shall be filled in the same manner as the original appointment.

     Section 3. The commission is under the supervision of the Executive Board of the Legislative Research Council and staffed and funded as an interim legislative committee. The commission shall prepare a report detailing its findings, which shall include any proposals for legislation it deems advisable. The commission shall submit the report to the Governor and Legislature no later than December 1, 2007.

     Section 4. Beginning on the effective date of this Act, if a defendant has been sentenced to death pursuant to South Dakota law, the sentence of death may not be executed before July 1, 2008."


Moved by:    Nesselhuf
Second by:    Heidepriem
Action:    Was not acted on.

 MOTION:     SUBSTITUTE MOTION TO TABLE AMENDMENT

Moved by:    Olson (Ed)
Second by:    Abdallah
Action:    Prevailed by roll call vote.(6-3-0-0)

Voting Yes:    Abdallah, Knudson, McCracken, Olson (Ed), Gray, Dempster

Voting No:    Hanson (Gary), Heidepriem, Nesselhuf

 MOTION:     DO PASS HB 1175

Moved by:    Olson (Ed)
Second by:    Abdallah
Action:    Prevailed by roll call vote.(7-2-0-0)

Voting Yes:    Abdallah, Hanson (Gary), Knudson, McCracken, Olson (Ed), Gray, Dempster

Voting No:    Heidepriem, Nesselhuf

          SB 169: provide for the formation of permanent legislative ethics committees and to provide for the adoption of legislative codes of ethics.

Presented by:    Senator Scott Heidepriem

MOTION:     AMEND SB 169

169fa
     On page 2 of the printed bill, delete lines 1 to 7 , inclusive, and insert "than fifteen legislative days after the beginning of the Eighty-third Session of the South Dakota Legislature, a code of ethics and conflict of interest requirements as new chapters in the Senate and House rules and shall consider such recommendations as the ethics committee shall make regarding the procedures to be used by the select committees established pursuant to chapter 8 of the Senate rules or chapter 6 of the House rules

     Section 3. Each ethics committee appointed pursuant to section 1 of this Act shall terminate after delivery of its report to its respective house.".


Moved by:    Knudson
Second by:    Gray
Action:    Prevailed by voice vote.

 MOTION:     DO PASS SB 169 AS AMENDED


Moved by:    Heidepriem
Second by:    Hanson (Gary)
Action:    Prevailed by roll call vote.(9-0-0-0)

Voting Yes:    Abdallah, Hanson (Gary), Heidepriem, Knudson, McCracken, Nesselhuf, Olson (Ed), Gray, Dempster

 MOTION:     TO AMEND TITLE OF SB 169

169ota
     On page 1, line 1 of the printed bill, delete " permanent " .

Moved by:    Knudson
Second by:    Gray
Action:    Prevailed by voice vote.

 MOTION:     ADJOURN

Moved by:    McCracken
Second by:    Nesselhuf
Action:    Prevailed by voice vote.

Nancy Bloom

____________________________

Committee Secretary                            Thomas A. Dempster, Chair