72nd Legislative Session -- 1997
Committee: Senate Judiciary
Friday, January 31, 1997
P - Present
E - Excused
A - Absent
Roll Call
P
Aker
P
Daugaard
P
Dunn (Rebecca)
P
Flowers
P
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 28, 1997.
Moved by:
Senator Valandra
Second by:
Senator Munson (David)
Action:
Prevailed by voice vote.
Senator Whiting, Chair, passed the gavel to Senator Munson, vice chair.
SB 114:
to revise certain restrictions on the detention of children in an adult jail or
lockup and the physical separation of such children from adult prisoners.
Presented by:
Senator Fred Whiting
MOTION:
DO PASS SB 114
Moved by:
Senator Aker
Second by:
Senator Daugaard
Action:
Prevailed by roll call vote.
(6-0-1-0)
Voting yes:
Aker, Daugaard, Flowers, Valandra, Munson (David), Whiting
Excused:
Dunn (Rebecca)
MOTION:
PLACE SB 114 ON CONSENT
Moved by:
Senator Flowers
Second by:
Senator Aker
Action:
Prevailed by voice vote.
SB 134:
to require that property owners be notified of the filing of certain
instruments affecting their property.
Presented by:
Senator Fred Whiting
MOTION:
DEFER SB 134 UNTIL THE 24th LEGISLATIVE DAY
Moved by:
Senator Whiting
Second by:
Senator Flowers
Action:
Prevailed by voice vote.
Senator Munson, vice chair passed the gavel back to Senator Whiting, chair.
SB 112:
to revise the elements of grand theft to include theft in a nursing facility.
Proponents:
Frank Drew, SD Association of Healthcare Organizations
Richard Reding, SD Association of Healthcare Organizations.
Tom Barnett, State Bar Association
Representative Kay Davis, Self
Presented by:
Senator Jim Hutmacher
MOTION:
DEFER SB 112 UNTIL MONDAY, FEBRUARY 3.
Moved by:
Senator Flowers
Second by:
Senator Munson (David)
Action:
Prevailed by voice vote.
SB 113:
to establish degrees of unlawful occupancy and prescribe penalties
therefor.
Proponents:
Linda Pletka, Self, Chamaberlain
Opponents:
Representative Gary Sokolow
Presented by:
Senator Jim Hutmacher
MOTION:
DO PASS SB 113
Moved by:
Senator Daugaard
Second by:
Senator Dunn (Rebecca)
Action:
Prevailed by roll call vote.
(6-1-0-0)
Voting yes:
Aker, Daugaard, Dunn (Rebecca), Flowers, Munson (David), Whiting
Voting no:
Valandra
Senator Whiting, chair passed gavel back to Senator Munson, vice chair.
SB 116:
to permit certain state administrators of federal programs for children to
have limited access to the central registry for abuse and neglect.
Proponents:
Judy Hines, Dept. of Social Services
Presented by:
Senator Jim Hutmacher
MOTION:
AMEND SB 116
j-116a
On page
1
,
line
6
,
delete "
state administrator
"
and insert "
headstart program director,
"
.
On page
1
,
line
7
,
delete everything before "
the secretary
"
.
Moved by:
Senator Aker
Second by:
Senator Dunn (Rebecca)
Action:
Prevailed by voice vote.
MOTION:
DO PASS SB 116 AS AMENDED
Moved by:
Senator Dunn (Rebecca)
Second by:
Senator Aker
Action:
Prevailed by roll call vote.
(6-0-1-0)
Voting yes:
Aker, Daugaard, Dunn (Rebecca), Flowers, Valandra, Munson (David)
Excused:
Whiting
MOTION:
TO AMEND TITLE OF SB 116
j-116t
On page
1
,
line
1
,
delete "
certain state administrators of federal programs
"
and insert "
headstart
program directors
"
.
On page
1
,
line
2
,
delete "
for children
"
.
Moved by:
Senator Valandra
Second by:
Senator Aker
Action:
Prevailed by voice vote.
MOTION:
PLACE SB 116 ON CONSENT
Moved by:
Senator Aker
Second by:
Senator Valandra
Action:
Prevailed by voice vote.
SB 133:
to require persons convicted of driving under the influence of alcohol or
drugs to participate in certain education and evaluation by a chemical dependency
counselor.
Proponents:
Doug Austin, Self, Rapid City
Kelly Johnson, Self, Huron
Rep. Dan Matthews, Self, Mitchell
Tim Koehn, Department of Human Services
Steve Bond, self
Presented by:
Senator Alan Aker
MOTION:
AMEND SB 133
r-133
On page
1
,
line
9
,
delete "
certified chemical dependency counselor
"
and insert "
professional
registered with the South Dakota Certification Board for Alcohol and Drug Professionals
"
.
On page
1
,
line
10
,
after "
.
"
insert "
The cost of such education shall be paid for by the
defendant.
"
.
On page
2
,
line
4
,
after "
counselor
"
insert "
as recognized by the South Dakota Certification
Board of Alcohol and Drug Professionals
"
.
On page
2
,
line
7
,
after "
program
"
insert "
accredited by the South Dakota Division of Alcohol
and Drug Abuse
"
.
On page
2
,
after line
10
insert:
"
Section
1.
That
§
32-23-2.1
be amended to read as follows:
32-23-2.1.
Any person convicted of a first offense pursuant to
§
32-23-2 with a 0.17 percent or
more by weight of alcohol in
his
that person's
blood shall, in addition to the penalties provided in
§
32-23-2, be required to undergo a court-ordered evaluation
by a certified chemical dependency
counselor as recognized by the South Dakota Certification Board for Alcohol and Drug Professionals
to determine if the defendant has an addiction to alcohol. The cost of such evaluation shall be paid
by the defendant.
"
Moved by:
Senator Aker
Second by:
Senator Whiting
Action:
Prevailed by voice vote.
MOTION:
DO PASS SB 133 AS AMENDED
Moved by:
Senator Whiting
Second by:
Senator Valandra
Action:
Prevailed by roll call vote.
(7-0-0-0)
Voting yes:
Aker, Daugaard, Dunn (Rebecca), Flowers, Valandra, Munson (David), Whiting
MOTION:
TO AMEND TITLE OF SB 133
r-133t
On page
1
,
line
3
,
after "
counselor
"
insert "
or professional
"
.
Moved by:
Senator Aker
Second by:
Senator Daugaard
Action:
Prevailed by voice vote.
MOTION:
ADJOURN
Moved by:
Senator Aker
Second by:
Senator Valandra
Action:
Prevailed by voice vote.
Cindy Nickels
_________________________________
Committee Secretary
Fred Whiting, Chair
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