73rd Legislative Session -- 1998
Committee: Senate Judiciary
Friday, January 30, 1998
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, 1998
Moved by:
Senator Dunn (Rebecca)
Second by:
Senator Valandra
Action:
Prevailed by voice vote.
SB 144:
to increase the maximum fees allowed for serving the notice of intention
to take tax deed.
Opponents:
Tom Barnett, SD State Bar Association
Presented by:
Senator Alan Aker
MOTION:
AMEND SB 144
t-144
On page
1
,
line
5 of the printed bill
,
delete "
the
"
.
Moved by:
Senator Valandra
Second by:
Senator Dunn (Rebecca)
Action:
Prevailed by voice vote.
MOTION:
AMEND SB 144
r-144
On page
1
,
line
10 of the printed bill
,
after "
The
"
insert "
recoverable
"
.
Moved by:
Senator Aker
Second by:
Senator Daugaard
Action:
Prevailed by voice vote.
MOTION:
DO PASS SB 144 AS AMENDED
Moved by:
Senator Aker
Second by:
Senator Munson (David)
Action:
Prevailed by roll call vote.
(5-1-0-1)
Voting yes:
Aker, Daugaard, Valandra, Munson (David), Whiting
Voting no:
Dunn (Rebecca)
Absent:
Flowers
SB 145:
to revise the procedure for serving lienholders.
Proponents:
Talbot Wieczorek, Rapid City
Presented by:
Senator Alan Aker
MOTION:
AMEND SB 145
j-145
On page
1
,
delete lines
4
to
16 of the printed bill
, inclusive
,
and insert:
"
10-25-5.
Personal service of the notice
shall be served upon the owner of record of the real
property, upon the person in possession of the real property, and upon the person in whose name the
real property is taxed
in the manner provided by law for the service of summons
shall be made upon
the
. All other
persons mentioned in
§
§
10-25-3 and 10-25-4
as reside within the state. However, if
any of the persons are nonresidents of the state,
may be served in the manner provided by law for
the service of summons or
the notice may be served
upon the nonresidents
by publishing the notice
once a week for at least two successive weeks in
some
a
newspaper printed in the county where the
real property is situated, and if no newspaper is printed in the county, in the nearest legal newspaper
printed in the state. In addition to the service by publication
,
the holder of the
tax
certificate shall
cause to be sent to the persons so
send to any person
served
by publication
a true copy of
such
the
notice through the United States mails, properly addressed, to the last known address of
each of the
persons
the person
. The notice to the mortgagee or
his
the mortgagee's
assignee shall be directed to
such
the
mortgagee or assignee to
his
the
address
as the same appears
appearing
in the mortgage of
record, or in the assignment thereof. The notice to a lienholder or to any other interested person as
may appear from the records in the office of the register of deeds, the county treasurer
,
or the clerk
of courts shall be sent to the last known address of
each
the
person. The notice shall be sent by
registered or certified mail
, return
"
.
On page
2
,
delete lines
1
and
2
.
Moved by:
Senator Daugaard
Second by:
Senator Munson (David)
Action:
Prevailed by voice vote.
MOTION:
DO PASS SB 145 AS AMENDED
Moved by:
Senator Aker
Second by:
Senator Munson (David)
Action:
Prevailed by roll call vote.
(6-0-0-1)
Voting yes:
Aker, Daugaard, Dunn (Rebecca), Valandra, Munson (David), Whiting
Absent:
Flowers
SB 75:
to require that school officials be notified of certain student alcohol
violations.
Proponents:
Bob Neely, Aberdeen Schools
Presented by:
Senator Robert Drake (Document A)
MOTION:
AMEND SB 75
t-75
On page
1
,
line
5 of the printed bill
,
remove the overstrikes from "
may
"
.
On page
1
,
line
5
,
delete "
shall
"
.
On page
1
,
after line
11
,
insert:
"
Section 2. That chapter 26-11 be amended by adding thereto a NEW SECTION to read as
follows:
If any law enforcement agency has probable cause to believe that a school student has violated
any provision of state law involving alcohol or illegal drugs, the law enforcement agency shall
notify, in writing, the public or private school at which the student is enrolled if the alleged violation
resulted in a juvenile court petition.
"
Moved by:
Senator Aker
Second by:
Senator Daugaard
Action:
Prevailed by voice vote.
MOTION:
DO PASS SB 75 AS AMENDED
Moved by:
Senator Munson (David)
Second by:
Senator Aker
Action:
Was not acted on.
MOTION:
SUBSTITUTE MOTION AMEND SB 75
r-75
In section 2 of the previously adopted amendment, delete "juvenile".
Moved by:
Senator Daugaard
Second by:
Senator Aker
Action:
Prevailed by voice vote.
MOTION:
DO PASS SB 75 AS AMENDED
Moved by:
Senator Munson (David)
Second by:
Senator Aker
Action:
Prevailed by roll call vote.
(5-1-0-1)
Voting yes:
Aker, Daugaard, Valandra, Munson (David), Whiting
Voting no:
Dunn (Rebecca)
Absent:
Flowers
SB 139:
to clarify the scope and composition of peer review committees entitled
to limited good faith immunity from civil liability for committee actions.
Proponents:
Dave Gerdes, SD State Medical Association (Document B)
Ken Senger, SD Association of Healthcare Organizations
Presented by:
Senator Mel Olson
MOTION:
AMEND SB 139
r-139
On page
3
,
line
5 of the printed bill
,
overstrike "
hospital
"
and insert "
licensed health care
facility
"
.
Moved by:
Senator Daugaard
Second by:
Senator Aker
Action:
Prevailed by voice vote.
MOTION:
DO PASS SB 139 AS AMENDED
Moved by:
Senator Daugaard
Second by:
Senator Munson (David)
Action:
Prevailed by roll call vote.
(5-1-0-1)
Voting yes:
Aker, Daugaard, Valandra, Munson (David), Whiting
Voting no:
Dunn (Rebecca)
Absent:
Flowers
SB 167:
to define child abuse and provide a penalty therefor.
MOTION:
TO TABLE SB 167
Moved by:
Senator Aker
Second by:
Senator Daugaard
Action:
Prevailed by roll call vote.
(6-0-0-1)
Voting yes:
Aker, Daugaard, Dunn (Rebecca), Valandra, Munson (David), Whiting
Absent:
Flowers
SB 141:
to allow any person with the authorization of law enforcement or the
Department of Social Services to take photographs, videotapes, or electronic
images of a child if abuse or neglect is suspected.
Proponents:
Judy Hines, Department of Social Services
Ken Senger, SD Association of Healthcare Organizations
Presented by:
Senator Dennis Daugaard
MOTION:
DO PASS SB 141
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:
ADJOURN
Moved by:
Senator Munson (David)
Second by:
Senator Flowers
Action:
Prevailed by voice vote.
Mary Lloyd
_________________________________
Committee Secretary
Fred Whiting, Chair
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