72nd Legislative Session -- 1997
Committee: Senate Judiciary
Wednesday, February 12, 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, Chairman
MOTION:
TO APPROVE THE MINUTES OF FEBRUARY 10, 1997
Moved by:
Senator Aker
Second by:
Senator Munson (David)
Action:
Prevailed by voice vote.
SB 201:
to criminalize the transport of live marijuana plants regardless of weight.
Presented by:
Senator Randy Frederick
MOTION:
DEFER SB 201 UNTIL THE 41ST LEGISLATIVE DAY
Moved by:
Senator Aker
Second by:
Senator Flowers
Action:
Prevailed by roll call vote.
(5-2-0-0)
Voting yes:
Aker, Dunn (Rebecca), Flowers, Valandra, Whiting
Voting no:
Daugaard, Munson (David)
SB 267:
to increase the penalties for possession of drugs and drug paraphernalia
and for drug distribution and storage.
Presented by:
Jeff Fox, Governor's Office
MOTION:
AMEND SB 267
r-267a
On page
1
,
line
11 of the printed bill
,
delete "
less than two ounces of marijuana
"
and insert "
two
ounces of marijuana or less
"
.
Moved by:
Senator Munson (David)
Second by:
Senator Daugaard
Action:
Prevailed by voice vote.
DEFER SB 267 UNTIL FEBRUARY 14, 1997.
DEFER SB 268 UNTIL FURTHER NOTICE.
SB 217:
to revise the penalty for the crime of forgery.
Proponents:
Representive Caitlin Collier
Wade Reimer, Attorney in Pierre
Ken Meyer, SD Peace And Justice Center
Opponents:
Chuck Schroyer, States Attorneys Association.
Jerry Wheeler, SD Retailers Association
Presented by:
Senator Paul Valandra
MOTION:
DO PASS SB 217
Moved by:
Senator Dunn (Rebecca)
Second by:
Senator Valandra
Action:
Prevailed by roll call vote.
(4-2-1-0)
Voting yes:
Daugaard, Dunn (Rebecca), Flowers, Valandra
Voting no:
Aker, Whiting
Excused:
Munson (David)
Senator Whiting passed the gavel to Senator Munson.
SB 187:
to increase the amount of money or damage that is under the jurisdiction
of small claims court.
Proponents:
Brent Wilbur, Office of Governor
Tom Barnett, State Bar of SD
Chuck Schroyer, States Attorneys Association.
Opponents:
Mike Buenger, Unified Judicial System
Presented by:
Senator Fred Whiting
Comments by:
Jerry Wheeler, SD Retailers Association
DEFER SB 187 UNTIL FURTHER NOTICE.
Senator Munson passed the gavel to Senator Whiting.
DEFER SB 214 UNTIL FURTHER NOTICE.
SB 209:
to specify certain circumstances that create a rebuttable presumption that
awarding custody or granting visitation rights is not in the best interests of a child.
Proponents:
Renate James, self, Piedmont
Tom Barnett, State Bar of SD
Ro Ann Redlin, Coalition Against Domestic Violence
Presented by:
Senator Alan Aker
MOTION:
AMEND SB 209
r-209
On page
1
,
line
5 of the printed bill
,
delete "
evidence
"
and insert "
a conviction
"
.
On page
1
,
line
6
,
after "
25-10-1(1)
"
insert "
or a conviction of assault against a person as defined
in 25-10-1(2)
"
.
On page
1
,
line
6
,
delete "
If the court finds by clear and convincing evidence
"
and insert "
The
conviction
"
.
On page
1
,
line
7
,
delete "
that domestic abuse has occurred, this evidence
"
.
On page
1
,
line
10
,
after "
consider a conviction
"
insert "
, excluding vehicular homicide,
"
.
Moved by:
Senator Flowers
Second by:
Senator Daugaard
Action:
Prevailed by voice vote.
MOTION:
DO PASS SB 209 AS AMENDED
Moved by:
Senator Dunn (Rebecca)
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:
ADJOURN
Moved by:
Senator Daugaard
Second by:
Senator Munson (David)
Action:
Prevailed by voice vote.
Cindy Nickels
_________________________________
Committee Secretary
Fred Whiting, Chair
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