72nd Legislative Session -- 1997
Committee: Senate Judiciary
Monday, February 3, 1997
P - Present
E - Excused
A - Absent
Roll Call
P
Aker
E
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, Chair.
MOTION:
TO APPROVE THE MINUTES OF JANUARY 31, 1997.
Moved by:
Senator Dunn (Rebecca)
Second by:
Senator Munson (David)
Action:
Prevailed by voice vote.
Senator Whiting passed the gavel to Senator Munson.
SB 15:
to revise the penalties for certain felony convictions.
Proponents:
Charlie McGuigan, Pierre, Office of Attorney General
Mark Barnett, Pierre, Attorney General
Opponents:
Jeff Fox, Pierre, Legal Counsel, Governor's Office
Presented by:
Senator Whiting
MOTION:
DO PASS SB 15
Moved by:
Senator Whiting
Second by:
None
Action:
Died for a lack of a second
MOTION:
DEFER SB 15 UNTIL THE 41ST LEGISLATIVE DAY
Moved by:
Senator Flowers
Second by:
Senator Dunn (Rebecca)
Action:
Failed by roll call vote.
(2-4-1-0)
Voting yes:
Dunn (Rebecca), Flowers
Voting no:
Aker, Valandra, Munson (David), Whiting
Excused:
Daugaard
MOTION:
AMEND SB 15
r-15a
On page
1
,
line
10
,
remove the overstrikes from "
A lesser sentence may not
"
.
On page
1
,
line
11
,
remove the overstrikes from "
be given for a Class B felony
"
.
On page
1
,
line
13
,
delete "
life
seventy-five
"
and insert "
life
"
.
On page
2
,
delete lines
18
to
23
, inclusive
.
Moved by:
Senator Flowers
Second by:
Senator Whiting
Action:
Prevailed by voice vote.
MOTION:
DO PASS SB 15 AS AMENDED
Moved by:
Senator Whiting
Second by:
Senator Flowers
Action:
Prevailed by roll call vote.
(6-0-1-0)
Voting yes:
Aker, Dunn (Rebecca), Flowers, Valandra, Munson (David), Whiting
Excused:
Daugaard
Senator Munson passed the gavel to Senator Whiting.
SB 112:
to revise the elements of grand theft to include theft in a nursing facility.
Proponents:
Tom Barnett, Pierre
Opponents:
None
Presented by:
Tom Barnett, Pierre
MOTION:
AMEND SB 112
j-112
On page
1
,
line
8
,
remove the overstrikes from "
or
"
.
On page
1
,
line
10
,
delete "
; or
"
.
On page
1
,
delete line
11
.
On page
1
,
line
12
,
delete everything before "
.
"
.
On page
1
,
line
14
,
after "
more
"
insert "
, or of property of any value less than five hundred
dollars belonging to a resident of a nursing facility, chemical dependency facility, assisted living
center, developmental center, human services center, or any residential facility for the mentally ill,
mentally retarded, or developmentally disabled, if the theft is committed by an employee of the
facility,
"
.
Moved by:
Senator Flowers
Second by:
Senator Valandra
Action:
Prevailed by voice vote.
MOTION:
AMEND SB 112
r-112
On page
1
,
after line
16
,
insert:
"
Section 2. That chapter 22-46 be amended by adding thereto a NEW SECTION to read as
follows:
If any administrator or supervisor of an institution regulated pursuant to chapter 34-12 has
personal knowledge that any employee, agent, or member of the institution's medical or dental staff
has abused or neglected, exploited, or stolen property of a value greater than ten dollars from any
disabled adult within such institution, the administrator or supervisor shall report such abuse,
neglect, exploitation, or theft to the state's attorney of the county in which the institution is located.
Failure to make such a report is a Class 2 misdemeanor.
"
Moved by:
Senator Valandra
Second by:
Senator Dunn (Rebecca)
Action:
Prevailed by voice vote.
Senator Whiting passed the gavel to Senator Munson.
MOTION:
TO AMEND TITLE OF SB 112
j-112t
On page
1
,
line
1
,
delete everything after "
the
"
and insert "
penalty for theft by an employee of
certain facilities and to require the reporting of certain thefts, abuse, neglect, and exploitation.
"
On page
1
,
delete line
2
.
Moved by:
Senator Munson (David)
Second by:
Senator Aker
Action:
Prevailed by voice vote.
MOTION:
DO PASS SB 112 AS AMENDED
Moved by:
Senator Whiting
Second by:
Senator Dunn (Rebecca)
Action:
Prevailed by voice vote.
Senator Munson passed the gavel to Senator Whiting.
SB 138:
to authorize sheriffs to collect fees for expenses incurred in executing
court orders.
Presented by:
Senator Hunhoff
MOTION:
AMEND SB 138
j-138
On page
1
,
line
7
,
after "
court
"
insert "
other than a protection order
"
.
Moved by:
Senator Flowers
Second by:
Senator Dunn (Rebecca)
Action:
Prevailed by voice vote.
MOTION:
DO PASS SB 138 AS AMENDED
Moved by:
Senator Aker
Second by:
Senator Dunn (Rebecca)
Action:
Prevailed by roll call vote.
(6-0-1-0)
Voting yes:
Aker, Dunn (Rebecca), Flowers, Valandra, Munson (David), Whiting
Excused:
Daugaard
MOTION:
PLACE SB 138 ON CONSENT
Moved by:
Senator Flowers
Second by:
Senator Munson (David)
Action:
Prevailed by voice vote.
SB 44:
to regulate and prohibit certain telephone merchandising practices and to
provide a penalty.
Proponents:
Mark Barnett, Pierre, Attorney General
Leni Hook, PUC
Charles Schad, Spearfish, AARP
Mac McCracken, US West, Rapid City
Ray Trankle, Pierre, ICA
Dean Krogman, Brookings, Realtor
Jack Burchill, Pierre
Jerry Wheeler, Pierre, SD Retailers Assn.
Doug Hajek, Sioux Falls, Citibank
Opponents:
George Valentine, Pierre, Direct Marketing, Virginia
Presented by:
Mark Barnett, Pierre, Attorney General
MOTION:
AMEND SB 44
r-44
On page
2
,
line
18
,
delete "
or
"
.
On page
2
,
line
20
,
delete "
.
"
and insert "
; or
"
.
On page
2
,
between lines
20
and
21
,
insert:
"(e) By a person soliciting without the intent to complete and who does not complete
the sales presentation during the telephone solicitation and who only completes the
sales presentation at a later face-to-fact meeting between the solicitor and the
prospective purchaser."
Moved by:
Senator Aker
Second by:
Senator Munson (David)
Action:
Failed by voice vote.
MOTION:
AMEND SB 44
r-44a
On page
6
,
line
4
,
delete "
ten business
"
and insert "
thirty
"
.
On page
6
,
line
4
,
delete "
ten business
"
and insert "
thirty
"
.
Moved by:
Senator Munson (David)
Second by:
Senator Aker
Action:
Prevailed by voice vote.
MOTION:
AMEND SB 44
r-44b
On page
6
,
line
24
,
after "
A
"
insert "
willful
"
.
On page
7
,
line
4
,
delete "
such
"
and insert "
a willful
"
.
Moved by:
Senator Aker
Second by:
Senator Munson (David)
Action:
Prevailed by voice vote.
MOTION:
TO TABLE SB 44
Moved by:
Senator Valandra
Second by:
Senator Dunn (Rebecca)
Action:
Failed by voice vote.
MOTION:
DO PASS SB 44 AS AMENDED
Moved by:
Senator Aker
Second by:
Senator Flowers
Action:
Prevailed by roll call vote.
(6-0-1-0)
Voting yes:
Aker, Dunn (Rebecca), Flowers, Valandra, Munson (David), Whiting
Excused:
Daugaard
SB 143:
to expand the definition of the crime of stalking.
Proponents:
Chuck Schroyer, Pierre, SD States Attorneys
Opponents:
None
Presented by:
Senator Albers
MOTION:
AMEND SB 143
r-143b
On page
1
,
line
5
,
delete "
, without any legal purpose,
"
.
On page
1
,
line
6
,
delete "
with the intent to seriously alarm or annoy that person
"
.
Moved by:
Senator Aker
Second by:
Senator Flowers
Action:
Prevailed by roll call vote.
(5-1-1-0)
Voting yes:
Aker, Dunn (Rebecca), Flowers, Valandra, Whiting
Voting no:
Munson (David)
Excused:
Daugaard
MOTION:
DO PASS SB 143 AS AMENDED
Moved by:
Senator Aker
Second by:
Senator Munson (David)
Action:
Prevailed by roll call vote.
(6-0-1-0)
Voting yes:
Aker, Dunn (Rebecca), Flowers, Valandra, Munson (David), Whiting
Excused:
Daugaard
MOTION:
To sponsor 2 Bills at the Governor's request.
Moved by:
Senator Munson (David)
Second by:
Senator Flowers
Action:
Prevailed by voice vote.
SENATOR WHITING DEFERRED SB 201 AND 211 UNTIL A LATER DATE.
Beverly Jennings
_________________________________
Committee Secretary
Fred Whiting, Chair
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