72nd Legislative Session -- 1997
Committee: Senate Judiciary
Saturday, February 15, 1997
P - Present
E - Excused
A - Absent
Roll Call
P
Aker
P
Daugaard
P
Dunn (Rebecca)
P
Flowers
P
Valandra
E
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 14, 1997
Moved by:
Senator Aker
Second by:
Senator Valandra
Action:
Prevailed by voice vote.
SB 171:
to revise certain provisions regarding how long certain unsubstantiated
reports of child abuse and neglect may be maintained.
Proponents:
Kay Everson, Davison Co. Child Protection Team
Sandy Tuschen, Davison Co. Protection Team
Judy Hines, Department Of Social Services
Representative John Koskan
Presented by:
Senator Mel Olson
MOTION:
AMEND SB 171
r-171a
On page
1
,
line
5 of the printed bill
,
overstrike "
substantiated
"
and insert "
unsubstantiated
"
.
Moved by:
Senator Flowers
Second by:
Senator Daugaard
Action:
Prevailed by voice vote.
MOTION:
AMEND SB 171
r-171
Delete the previously adopted committee amendment, thus returning the bill to its printed form.
Moved by:
Senator Daugaard
Second by:
Senator Flowers
Action:
Prevailed by voice vote.
MOTION:
DO PASS SB 171 AS AMENDED
Moved by:
Senator Daugaard
Second by:
Senator Dunn (Rebecca)
Action:
Prevailed by roll call vote.
(5-1-1-0)
Voting yes:
Daugaard, Dunn (Rebecca), Flowers, Valandra, Whiting
Voting no:
Aker
Excused:
Munson (David)
SB 187:
to increase the amount of money or damage that is under the jurisdiction
of small claims court.
Proponents:
Mike Buenger, Unified Judicial System
Tom Barnett, State Bar
Presented by:
Brent Wilbur, Office of Governor
MOTION:
AMEND SB 187
r-187e
On page
1 of the printed bill
,
after line
15
,
insert:
"
Section 3. A party may not be deprived of the assistance of an attorney, at the party's expense,
in small claims or magistrate court.
"
Moved by:
Senator Flowers
Second by:
Senator Dunn (Rebecca)
Action:
Prevailed by roll call vote.
(5-1-1-0)
Voting yes:
Daugaard, Dunn (Rebecca), Flowers, Valandra, Whiting
Voting no:
Aker
Excused:
Munson (David)
MOTION:
AMEND SB 187
r-187f
On page
1
,
line
8 of the printed bill
,
"judgment."
insert "
The effective date of the increase in the
jurisdiction of magistrate court in small claims proceedings is July 1, 1997, in the Sixth Judicial
Circuit, and July 1, 1998, in the remaining judicial circuits of this state.
"
.
On page
1
,
line
12
,
delete "
eight
"
and insert "
ten
"
.
On page
1
,
line
15
,
after "
dollars.
"
insert "
The effective date of the increase in the jurisdiction
of magistrate court in small claims proceedings is July 1, 1997, in the Sixth Judicial Circuit, and July
1, 1998, in the remaining judicial circuits of this state.
"
.
Moved by:
Senator Aker
Second by:
Senator Flowers
Action:
Prevailed by roll call vote.
(6-0-1-0)
Voting yes:
Aker, Daugaard, Dunn (Rebecca), Flowers, Valandra, Whiting
Excused:
Munson (David)
MOTION:
DO PASS SB 187 AS AMENDED
Moved by:
Senator Flowers
Second by:
Senator Valandra
Action:
Prevailed by roll call vote.
(6-0-1-0)
Voting yes:
Aker, Daugaard, Dunn (Rebecca), Flowers, Valandra, Whiting
Excused:
Munson (David)
HB 1112:
to repeal and revise certain provisions regarding the denial, cancellation,
suspension, and revocation of a driver license.
Proponents:
Pam Kusler, Department of Commerce/Regulation
MOTION:
DO PASS HB 1112
Moved by:
Senator Daugaard
Second by:
Senator Valandra
Action:
Prevailed by roll call vote.
(6-0-1-0)
Voting yes:
Aker, Daugaard, Dunn (Rebecca), Flowers, Valandra, Whiting
Excused:
Munson (David)
MOTION:
PLACE HB 1112 ON CONSENT
Moved by:
Senator Flowers
Second by:
Senator Valandra
Action:
Prevailed on a voice vote.
MOTION:
TO AMEND TITLE OF SB 187
r-187t
On page
1
,
line
2 of the printed bill
,
after "
court
"
insert "
and to clarify that a party may be
represented by an attorney in small claims or magistrate court
"
.
Moved by:
Senator Daugaard
Second by:
Senator Aker
Action:
Prevailed by voice vote.
SB 268:
to revise certain provisions regarding the civil liability of drug dealers.
Presented by:
Jeff Fox, Governors Office
MOTION:
AMEND SB 268
r-268
On page
8 of the printed bill
,
delete lines
3
to
7
, inclusive
.
Moved by:
Senator Dunn (Rebecca)
Second by:
Senator Daugaard
Action:
Prevailed by voice vote.
MOTION:
DO PASS SB 268 AS AMENDED
Moved by:
Senator Aker
Second by:
Senator Dunn (Rebecca)
Action:
Prevailed by roll call vote.
(5-0-2-0)
Voting yes:
Aker, Daugaard, Dunn (Rebecca), Flowers, Whiting
Excused:
Valandra, Munson (David)
HB 1068:
to provide for six-person juries in small claims actions.
Proponents:
Mike Buenger, Unified Judical System
Opponents:
Dennis Hanson, County Commissioners
Presented by:
Representative Bill Napoli
MOTION:
AMEND HB 1068
r-1068b
On page
1
,
line
8 of the House engrossed bill
,
after "
15-14-29
"
insert "
The Unified Judicial
System is authorized to execute a pilot program implementing the provisions of this Act in one
judicial circuit of the state beginning on July 1, 1997, and to continue for a period of one year to
determine the practicability and feasibility of providing the right to a jury trial in small claims
actions. The Unified Judicial System shall prepare an impact analysis of the effects of this Act on
the judicial system to be available during the 1998 legislative session. The provisions of this Act are
repealed on July 1, 1998, unless reauthorized by the Legislature.
"
.
Moved by:
Senator Dunn (Rebecca)
Second by:
Senator Daugaard
Action:
Prevailed by voice vote.
MOTION:
DO PASS HB 1068 AS AMENDED
Moved by:
Senator Valandra
Second by:
Senator Aker
Action:
Prevailed by roll call vote.
(6-0-1-0)
Voting yes:
Aker, Daugaard, Dunn (Rebecca), Flowers, Valandra, Whiting
Excused:
Munson (David)
MOTION:
ADJOURN
Moved by:
Senator Daugaard
Second by:
Senator Aker
Action:
Prevailed by voice vote.
Cindy Nickels
_________________________________
Committee Secretary
Fred Whiting, Chair
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