73rd Legislative Session -- 1998
Committee: Senate Judiciary
Wednesday, February 4, 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 FEBRUARY 2, 1998
Moved by:
Senator Munson (David)
Second by:
Senator Aker
Action:
Prevailed by voice vote.
SB 222:
to provide for the liability of certain prisoners confined to jail for the costs
of certain services and confinement and to provide a lien therefor.
Proponents:
Kenneth McFarland, Minnehaha County
Comments: Tom Adam, SD Bankers Association
Presented by:
Senator Arnold Brown
MOTION:
AMEND SB 222
r-222
On page
2
,
line
5 of the printed bill
,
delete "
Such lien is
"
.
On page
2
,
delete lines
6
to
8
, inclusive
.
Moved by:
Senator Flowers
Second by:
Senator Munson (David)
Action:
Prevailed by voice vote.
MOTION:
AMEND SB 222
r-222a
On page
1
,
delete lines
4
to
7 of the printed bill
, inclusive
.
Moved by:
Senator Flowers
Second by:
Senator Aker
Action:
Prevailed by voice vote.
MOTION:
AMEND SB 222
r-222b
On page
1
,
line
11 of the printed bill
,
after "
training
"
insert "
charges
"
.
On page
2
,
line
5
,
after "
training
"
insert "
charges,
"
.
Moved by:
Senator Aker
Second by:
Senator Daugaard
Action:
Prevailed by voice vote.
MOTION:
DO PASS SB 222 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, Flowers, Valandra, Munson (David), Whiting
Absent:
Dunn (Rebecca)
SB 236:
to revise certain provisions regarding trusts.
Proponents:
Dave Knudson, Sioux Falls (Documents A and B)
Richard Duncan, Department of Commerce and Regulation
Tom Adam, SD Bankers Association
MOTION:
AMEND SB 236
r-236a
On page
4
,
line
19 of the printed bill
,
after "
principal.
"
insert "
The Department of Social Services
shall be served with process in any matter where an interested party may owe a debt to the department
pursuant to
§
28-6-23.
"
.
Moved by:
Senator Munson (David)
Second by:
Senator Aker
Action:
Prevailed by voice vote.
MOTION:
AMEND SB 236
r-236b
On page
2
,
line
14 of the printed bill
,
after "
rights
"
insert "
or interests
"
.
On page
2
,
line
15
,
after "
impaired
"
insert "
or adversely affected
"
.
On page
3
,
line
24
,
delete "
2
"
and insert "
1
"
.
On page
7
,
line
17
,
delete "
Part or all of the
"
and insert "
The
"
.
On page
7
,
line
17
,
delete "
occurs in this state, including
"
and insert "
, for example,
"
.
On page
7
,
line
20
,
after "
trust
"
insert "
, occurs wholly or partly in this state
"
.
On page
7
,
between lines
20
and
21
,
insert:
"Nothing in this section may be construed to be the exclusive means of providing a valid effective
and conclusive state jurisdiction provision."
Moved by:
Senator Munson (David)
Second by:
Senator Aker
Action:
Prevailed by voice vote.
MOTION:
DO PASS SB 236 AS AMENDED
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
SB 220:
to prohibit any person under the age of eighteen to drive a motor vehicle
after consuming alcoholic beverages.
Proponents:
Tom Barnett, State Bar of South Dakota
Opponents:
Jeff Holden, Department of Commerce and Regulation
Presented by:
Senator Rebecca Dunn
MOTION:
AMEND SB 220
r-220
On page
1
,
line
9 of the printed bill
,
delete "
court
"
and insert "
Unified Judicial System
"
.
Moved by:
Senator Valandra
Second by:
Senator Munson (David)
Action:
Prevailed by voice vote.
MOTION:
AMEND SB 220
r-220a
On page
1
,
line
7 of the printed bill
,
delete "
or after having consumed
"
.
On page
1
,
delete line
8
,
and insert "
or with physical evidence of alcohol present in the
"
.
Moved by:
Senator Aker
Second by:
Senator Munson (David)
Action:
Prevailed by voice vote.
MOTION:
DO PASS SB 220 AS AMENDED
Moved by:
Senator Flowers
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
SB 229:
to prohibit insurance discrimination against victims of domestic violence.
MOTION:
TO TABLE SB 229
Moved by:
Senator Munson (David)
Second by:
Senator Flowers
Action:
Prevailed by roll call vote.
(7-0-0-0)
Voting yes:
Aker, Daugaard, Dunn (Rebecca), Flowers, Valandra, Munson (David), Whiting
SB 100:
to increase the persons of whom a criminal record check and a central
registry background check is required with regard to schools and child welfare
agencies.
MOTION:
TO TABLE SB 100
Moved by:
Senator Valandra
Second by:
Senator Flowers
Action:
Prevailed by roll call vote.
(7-0-0-0)
Voting yes:
Aker, Daugaard, Dunn (Rebecca), Flowers, Valandra, Munson (David), Whiting
SB 230:
to require the suspension of a minor's driving privileges if adjudicated to
have committed vandalism.
Opponents:
Darla Lyon, Department of Commerce and Regulation
Presented by:
Senator Rebecca Dunn
MOTION:
DEFER SB 230 UNTIL MONDAY, FEBRUARY 9, 1998
Moved by:
Senator Dunn (Rebecca)
Second by:
Senator Daugaard
Action:
Prevailed by voice vote.
SB 214:
to expedite the release of counterfeit liens, court documents, or other
instruments on public record.
Proponents:
Rick Sattgast, SD Association of County Officials
Mike Buenger, Unified Judicial System
Tom Barnett, State Bar of South Dakota
Presented by:
Senator Fred Whiting (Documents A and B)
MOTION:
AMEND SB 214
r-214
On page
1
,
line
6 of the printed bill
,
delete "
filed
"
.
On page
1
,
line
7
,
delete "
or recorded or submitted for filing or recording
"
and insert "
recorded
"
.
On page
1
,
line
8
,
delete "
filing, recording, or submission for filing or
"
.
On page
1
,
line
9
,
after "
recording
"
insert "
of the document or instrument
"
.
On page
2
,
line
1
,
delete "
filed or submitted for filing and recording
"
and insert "
recorded
"
.
On page
2
,
line
2
,
delete "
complete and file with the clerk of courts a motion on a form
"
and insert
"
file an action in circuit court pursuant to
§
22-11-30 or 22-11-33 to have the purported lien removed.
The filing of such an action does not bar the injured party from recovering damages as part of the
action, in addition to fees, costs, or expenses allowed by those sections.
"
.
On page
2
,
delete line
3
.
On page
2
,
line
6
,
after "
filed
"
delete "
or
"
.
On page
2
,
line
7
,
delete "
recorded or submitted for filing or recording
"
.
On page
2
,
line
8
,
delete "
recording, or submission for filing or recording
"
and insert "
of the
document or instrument
"
.
On page
2
,
line
14
,
delete "
or recorded
"
.
On page
2
,
line
14
,
delete "
complete
"
.
On page
2
,
delete line
15
,
and insert "
file an action in circuit court pursuant to
§
22-11-33 to have
the purported judgment vacated. The filing of such an action does not bar the injured party from
recovering damages as part of the action, in addition to any fees, costs, or expenses allowed by that
section.
"
.
Moved by:
Senator Munson (David)
Second by:
Senator Flowers
Action:
Prevailed by voice vote.
MOTION:
DO PASS SB 214 AS AMENDED
Moved by:
Senator Aker
Second by:
Senator Valandra
Action:
Prevailed by roll call vote.
(6-0-1-0)
Voting yes:
Aker, Daugaard, Flowers, Valandra, Munson (David), Whiting
Excused:
Dunn (Rebecca)
SB 197:
to provide for the means of changing the venue in postjudgment divorce,
paternity, and separate maintenance actions.
Proponents:
Tom Barnett, State Bar of South Dakota
MOTION:
AMEND SB 197
r-197
On page
1
,
line
6 of the printed bill
,
after "
place
"
insert "
venue
"
.
Moved by:
Senator Munson (David)
Second by:
Senator Flowers
Action:
Prevailed by voice vote.
MOTION:
DO PASS SB 197 AS AMENDED
Moved by:
Senator Daugaard
Second by:
Senator Munson (David)
Action:
Prevailed by roll call vote.
(6-0-1-0)
Voting yes:
Aker, Daugaard, Flowers, Valandra, Munson (David), Whiting
Excused:
Dunn (Rebecca)
MOTION:
PLACE SB 197 ON CONSENT
Moved by:
Senator Flowers
Second by:
Senator Daugaard
Action:
Prevailed by voice vote.
SB 226:
to permit a crime victim to have access to certain information about the
person arrested for committing the crime.
The Chair deferred SB 226 until Friday, February 6, 1998.
SB 218:
to provide for a Limited Liability Company Act.
The Chair deferred SB 218 until Friday, February 6, 1998.
MOTION:
ADJOURN
Moved by:
Senator Aker
Second by:
Senator Munson (David)
Action:
Prevailed by voice vote.
Mary Lloyd
_________________________________
Committee Secretary
Fred Whiting, Chair
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