72nd Legislative Session -- 1997

Committee: Senate Judiciary

Wednesday, January 29, 1997

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P      Aker
P      Daugaard
P      Dunn (Rebecca)
P      Flowers
E      Valandra
P      Munson (David), Vice-Chair
P      Whiting, Chair


OTHERS PRESENT: See Original Minutes

The meeting was called to order by Senator Whiting


MOTION:      TO APPROVE THE MINUTES OF JANUARY 27, 1997

Moved by:      Senator Munson (David)
Second by:      Senator Dunn (Rebecca)
Action:      Prevailed by voice vote.

          SB 106:   to provide for protection orders in cases of stalking.

Proponents:      Julie Pfeiffer, Self, Aberdeen
          Vicki Wicks, Victims' Assistance, Brown County
          Ro Ann Redlin, SD Advocacy Network for Women
          George Valentine, D.M.A.
Presented by:      Senator Jim Lawler
Comments by:      Jeff Rodman, SD Bankers Association, Pierre

MOTION:      AMEND SB 106

r-106

     On page 1 , line 8 , after " 19A-1 " , insert " or against any other person against whom stalking is alleged " .


Moved by:      Senator Flowers
Second by:      Senator Munson (David)
Action:      Prevailed by voice vote.

MOTION:      DO PASS SB 106 AS AMENDED

Moved by:      Senator Flowers
Second by:      Senator Munson (David)
Action:      Prevailed by roll call vote.   (6-0-1-0)

Voting yes:      Aker, Daugaard, Dunn (Rebecca), Flowers, Munson (David), Whiting

Excused:      Valandra

          SB 85:   to divide aggravated assault into degrees.

Opponents:      Representative Gary Sokolow, Self
Presented by:      Judge Max Gors, Unified Judicial System

MOTION:      DEFER SB 85 UNTIL FEBRUARY 5, 1997

Moved by:      Senator Aker
Second by:      Senator Munson (David)
Action:      Prevailed by voice vote.

          SB 43:   to establish certain requirements and to prohibit certain practices regarding sweepstake prizes and to provide a penalty for certain violations thereof.

Proponents:      Charles McGuigan, Asstistant Attorney General
          George Valentine, D.M.A.
          Charles Schad, AARP, Spearfish
Presented by:      Mark Barnett, Attorney General

MOTION:      AMEND SB 43

r-43

     On page 6 , line 11 , after " or " , insert " , if the action is brought by the Attorney General on behalf of the State, " .


Moved by:      Senator Daugaard
Second by:      Senator Flowers
Action:      Prevailed by voice vote.


MOTION:      AMEND SB 43

f-43d

     On page 1 , line 5 , delete ";" , and insert " that is different and distinct from the goods, service, or property promoted by a sponsor and requires payment to the sponsor for the prize. Prize does not include an item offered in a promotion if all of the following elements are present:

             (a)    No element of chance is involved in obtaining the item offered in the promotion;

             (b)    The recipient has the right to review the merchandise or services for at least seven days and has a right to obtain a full refund in thirty days for the return of unused and undamaged merchandise or cancellation of unused services;

             (c)    The recipient may keep the item offered in the promotion without obligation; and

             (d)    The recipient is not required to attend any sales presentation or spend any money in order to receive the item offered in the promotion.

     Prize does not include an item offered in a promotion for a book, recording, video, multimedia, or similar club in compliance with 16 CFR 425 or a continuity plan or single sale of merchandise where there is no minimum purchase required; " .

     On page 1 , line 7 , delete " been selected or may be eligible to " , and insert " won or will " .

     On page 1 , line 8 , after " prize " , insert " and conditions receipt of such prize on payment to the sponsor for the prize " .

     On page 1 , line 8 , delete " The term includes a notice which conditions receipt of a prize on a payment " , and insert " A prize notice also includes a notice which requires or invites the individual to make a contact by telephone or in-person interview to learn how to receive the prize or to obtain other information related to the notice. Prize notice does not include a notice informing the individual that the individual has been awarded a prize as a result of the individual's actual prior entry in a game, drawing, sweepstakes or other contest, if the individual is awarded the prize stated in the notice; " .

     On page 1 , delete lines 9 to 15 , inclusive .

     On page 1 , line 16 , delete " been " , and insert " won or will receive a prize; " .

     On page 2 , delete line 1 .

     On page 2 , line 7 , delete " been selected or " , and insert " won or will " .

     On page 2 , line 8 , delete " may be eligible " .


     On page 2 , line 15 , delete " been selected or may be " , and insert " won or will " .

     On page 2 , line 16 , delete " eligible to " .

     On page 4 , line 4 , delete " been selected or may be eligible to " , and insert " won or will " .

     On page 4 , line 11 , delete " been selected to " , and insert " won or will " .

     On page 4 , line 22 , delete " been awarded " , and insert " won or will receive " .

     On page 5 , delete lines 11 to 13 , inclusive .

     On page 5 , line 21 , delete " 12 " , and insert " 6 " .

     On page 5 , line 22 , delete " 12 " , and insert " 6 " .


Moved by:      Senator Munson (David)
Second by:      Senator Flowers
Action:      Prevailed by voice vote.

MOTION:      AMEND SB 43

r-43d

     On page 6 , after line 17 , insert:

"      Section 19. The provisions of this Act do not apply to a transaction made by a merchant who operates an established business that has a fixed permanent location and who displays or offers consumer goods or services for sale on a continuing basis. "


Moved by:      Senator Munson (David)
Second by:      Senator Flowers
Action:      Prevailed by voice vote.

MOTION:      DO PASS SB 43 AS AMENDED

Moved by:      Senator Daugaard
Second by:      Senator Dunn (Rebecca)
Action:      Prevailed by roll call vote.   (6-0-1-0)

Voting yes:      Aker, Daugaard, Dunn (Rebecca), Flowers, Munson (David), Whiting

Excused:      Valandra


          SB 122:   to eliminate the requirement of a transfer hearing in certain proceedings against a delinquent child.

Proponents:      Glenn Brenner, Pennington County State's Attorney
          Mark Barnett, Attorney General
Opponents:      Dennis Hanson,SD Assn of County Commissioners
Presented by:      Senator Fred Whiting

MOTION:      DO PASS SB 122

Moved by:      Senator Aker
Second by:      Senator Dunn (Rebecca)
Action:      Prevailed by roll call vote.   (6-0-1-0)

Voting yes:      Aker, Daugaard, Dunn (Rebecca), Flowers, Munson (David), Whiting

Excused:      Valandra

          SB 115:   to limit the recovery of certain damages in cases involving the commission of felonies or certain traffic offenses.

Proponents:      Dick Tieszen, State Farm Insurance
          John Brown,Independent Insurance Agents of SD
          Mike Shaw, National Association of Independent Insurers
Opponents:      Tom Frieberg, Trial Lawyers Association of SD
          Tom Barnett, State Bar Association
Presented by:      Senator Fred Whiting

MOTION:      AMEND SB 115

r-115

     On page 1 , line 14 , after " owner " , insert " or operator " .

     On page 2 , line 1 , after " was the " , insert " owner or " .

     On page 2 , line 7 , after " (2) " , insert " or (3) " .

     On page 2 , line 9 , after " offense " , insert " or was injured by a person committing a felony or engaged in immediate flight therefrom and was convicted of that felony " .


Moved by:      Senator Aker
Second by:      Senator Whiting
Action:      Prevailed by voice vote.


MOTION:      DO PASS SB 115 AS AMENDED

Moved by:      Senator Whiting
Second by:      None
Action:      Died for a lack of a second

MOTION:      DEFER SB 115 UNTIL THE 41ST LEGISLATIVE DAY

Moved by:      Senator Flowers
Second by:      Senator Dunn (Rebecca)
Action:      Prevailed by roll call vote.   (4-2-1-0)

Voting yes:      Aker, Daugaard, Dunn (Rebecca), Flowers

Voting no:      Munson (David), Whiting

Excused:      Valandra

MOTION:      ADJOURN

Moved by:      Senator Aker
Second by:      Senator Daugaard
Action:      Prevailed by voice vote.



Cindy Nickels

_________________________________

Committee Secretary
Fred Whiting, Chair


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