86
th Legislative Session _ 2011
Committee: Senate Judiciary
Thursday, February 03, 2011
P - Present
E - Excused
A - Absent
Roll Call
P Begalka
P Hunhoff (Jean)
P Nygaard
P Vehle
P Buhl
P Cutler, Vice-Chair
P Tieszen, Chair
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Senator Craig Tieszen, Chair.
MOTION: TO APPROVE THE MINUTES OF TUESDAY, FEBRUARY 1, 2011
Moved by: Nygaard
Second by: Buhl
Action: Prevailed by voice vote.
Governor's Appointment of Trevor Jones to the position of Secretary of the Department of Public
Safety:
Presented by: Jason Glodt, Office of the Governor
Proponents: Trevor Jones, Secretary designee
Paul Bachand, self, Pierre
Dick Tieszen, self, Pierre
Steven Siegel, self, Sioux Falls
MOTION: CONFIRM APPOINTMENT OF TREVOR JONES OF HUGHES COUNTY,
SOUTH DAKOTA, TO THE POSITION OF SECRETARY OF THE
DEPARTMENT OF PUBLIC SAFETY
Moved by: Vehle
Second by: Nygaard
Action: Prevailed by roll call vote. (7-0-0-0)
Voting Yes: Begalka, Hunhoff (Jean), Nygaard, Vehle, Buhl, Cutler, Tieszen
SB 80: apply certain provisions concerning actions for recovery of damages for
personal injury or death to municipal officers, employees, and volunteers.
Presented by: Senator Joni Cutler
Proponents: Larry Nelson, SD Municipal League (Handouts: #1)
Steven Siegel, SD Trial Lawyers Association
MOTION: AMEND SB 80
80ra
On page 1, line 7, of the printed bill, after "municipality" insert "at the time of the alleged
negligent act".
Moved by: Nygaard
Second by: Begalka
Action: Prevailed by voice vote.
MOTION: DO PASS SB 80 AS AMENDED
Moved by: Vehle
Second by: Buhl
Action: Prevailed by roll call vote. (7-0-0-0)
Voting Yes: Begalka, Hunhoff (Jean), Nygaard, Vehle, Buhl, Cutler, Tieszen
MOTION: PLACE SB 80 ON CONSENT CALENDAR
Moved by: Nygaard
Second by: Cutler
Action: Prevailed by voice vote.
SB 81: require the Supreme Court to promulgate rules for parenting coordinators.
Presented by: Senator Joni Cutler
Proponents: Dianna Miller, SD Network Against Family Violence & Sexual Assault
Opponents: Greg Sattizahn, Unified Judicial System
MOTION: DO PASS SB 81
Moved by: Nygaard
Second by: Cutler
Action: Prevailed by roll call vote. (5-1-1-0)
Voting Yes: Nygaard, Vehle, Buhl, Cutler, Tieszen
Voting No: Hunhoff (Jean)
Excused: Begalka
SB 101: provide a penalty for denying access to public records.
Presented by: Senator Al Novstrup
Proponents: Jeff Bloomberg, Bureau of Personnel
Yvonne Taylor, SD Municipal League
Dick Tieszen, Sioux Falls School District
David Bordewyk, SD Newspaper Association
Jay Gilbertson, East Dakota Water District
MOTION: AMEND SB 101
101fc
On the printed bill, delete everything after the enacting clause and insert:
" Section 1. That chapter 1-27 be amended by adding thereto a NEW SECTION to read as
follows:
If the office of hearing examiners enters a decision pursuant to § 1-27-40 concluding that certain
records shall be released or that the fee charged pursuant to §§ 1-27-35 and 1-27-36 was excessive,
the public entity has thirty days after the opinion is issued to comply with the order or to file an
appeal pursuant to § 1-27-41.
Section 2. That chapter 1-27 be amended by adding thereto a NEW SECTION to read as follows:
In a civil action filed pursuant to § 1-27-38 or upon an appeal filed pursuant to § 1-27-41, if the
court determines that the public entity acted unreasonably and in bad faith the court may award costs,
disbursements, and a civil penalty not to exceed fifty dollars for each day that the record or records
were delayed through the fault of the public entity. Any civil penalty collected pursuant to this
section shall be deposited into the state general fund."
Moved by: Cutler
Second by: Nygaard
Action: Prevailed by voice vote.
MOTION: DO PASS SB 101 AS AMENDED
Moved by: Cutler
Second by: Vehle
Action: Prevailed by roll call vote. (6-0-1-0)
Voting Yes: Hunhoff (Jean), Nygaard, Vehle, Buhl, Cutler, Tieszen
Excused: Begalka
HB 1042: revise certain provisions relating to the assignment of a judgment.
Presented by: Greg Sattizahn, Unified Judicial System
MOTION: DO PASS HB 1042
Moved by: Hunhoff (Jean)
Second by: Buhl
Action: Prevailed by roll call vote. (6-0-1-0)
Voting Yes: Hunhoff (Jean), Nygaard, Vehle, Buhl, Cutler, Tieszen
Excused: Begalka
MOTION: PLACE HB 1042 ON CONSENT CALENDAR
Moved by: Cutler
Second by: Vehle
Action: Failed by voice vote.
HB 1043: clarify the jurisdictional amount in a small claims court proceeding.
Presented by: Greg Sattizahn, Unified Judicial System
MOTION: DO PASS HB 1043
Moved by: Vehle
Second by: Cutler
Action: Prevailed by roll call vote. (5-0-2-0)
Voting Yes: Hunhoff (Jean), Vehle, Buhl, Cutler, Tieszen
Excused: Begalka, Nygaard
MOTION: PLACE HB 1043 ON CONSENT CALENDAR
Moved by: Cutler
Second by: Vehle
Action: Prevailed by voice vote.
HB 1038: revise certain provisions concerning certain fees for the electronic
transmission of court records.
Presented by: Greg Sattizahn, Unified Judicial System
MOTION: DO PASS HB 1038
Moved by: Vehle
Second by: Hunhoff (Jean)
Action: Prevailed by roll call vote. (5-0-2-0)
Voting Yes: Hunhoff (Jean), Vehle, Buhl, Cutler, Tieszen
Excused: Begalka, Nygaard
THE CHAIR DEFERRED SB 159 UNTIL TUESDAY, FEBRUARY 8, 2011
South Dakota's First Lady Linda Daugaard spoke in support of the American Heart Association's
Go (wear) Red for Women campaign and provided Go Red pins to the committee.
MOTION: ADJOURN
Moved by: Begalka
Second by: Buhl
Action: Prevailed by voice vote.
Rena Ortbahn
____________________________
Committee Secretary
Craig Tieszen, Chair
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