72nd Legislative Session -- 1997

Committee: Senate Judiciary

Friday, February 7, 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 FEBRUARY 5, 1997

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

MOTION:      DEFER SB 174 UNTIL FEBRUARY 14, 1997

Moved by:      Senator Munson (David)
Second by:      Senator Whiting
Action:      Failed by voice vote.

          SB 178:   to require the mandatory payment of costs and attorney's fees in frivolous or malicious actions.

Proponents:      Brent Wilbur, Office of Governor
Presented by:      Senator Kenneth Albers

MOTION:      DO PASS SB 178

Moved by:      Senator Daugaard
Second by:      Senator Munson (David)


Action:      Prevailed by roll call vote.   (6-0-1-0)

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

Excused:      Aker

MOTION:      PLACE SB 178 ON CONSENT

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

          SB 168:   to revise the penalties for inmate escape from Department of Corrections custody.

Proponents:      Senator Bob Drake
          Representative Bill Van Gerpen
Presented by:      Jeff Bloomberg, Department Of Corrections
Comments by:      Laurie Feiler, Department Of Corrections

MOTION:      DO PASS SB 168

Moved by:      Senator Aker
Second by:      Senator Dunn (Rebecca)
Action:      Prevailed by roll call vote.   (4-3-0-0)

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

Voting no:      Flowers, Valandra, Whiting

          SB 169:   to revise certain provisions regarding the funds available from a defendant who has been assigned counsel.

Presented by:      Mike Buenger, Unified Judicial System

MOTION:      DO PASS SB 169

Moved by:      Senator Flowers
Second by:      Senator Munson (David)
Action:      Prevailed by roll call vote.   (7-0-0-0)

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

MOTION:      PLACE SB 169 ON CONSENT

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

          SB 181:   to allow additional compensation to state's attorneys for the performance of legal services under the Violence Against Women Act.

Proponents:      Chuck Schroyer, SD States Attorneys Association
          Susan Sheppick, Department of Social Services
          Ro Ann Redlin, SD Coalition Against Domestic Violence
Presented by:      Mike Vogel, Department of Social Services
Comments by:      Mike Parker, Department of Social Services

MOTION:      AMEND SB 181

j-181
     On page 2 , line 3 , after " services " insert " or services under the Violence Against Women Act " .

     On page 2 , line 22 , after " services " insert " or services under the Violence Against Women Act " .


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

MOTION:      DO PASS SB 181 AS AMENDED

Moved by:      Senator Munson (David)
Second by:      Senator Aker
Action:      Prevailed by roll call vote.   (7-0-0-0)

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

          HB 1099:   to revise certain provisions relating to liens.

Presented by:      Tom Adam, SD Bankers Association (Handout A)

MOTION:      DO PASS HB 1099

Moved by:      Senator Aker
Second by:      Senator Munson (David)
Action:      Prevailed by roll call vote.   (7-0-0-0)

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

MOTION:      PLACE HB 1099 ON CONSENT



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

MOTION:      ADJOURN

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



Cindy Nickels

_________________________________

Committee Secretary
Fred Whiting, Chair



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