73rd Legislative Session -- 1998
Committee: Senate Judiciary
Friday, February 6, 1998
P - Present
E - Excused
A - Absent
Roll Call
E
Aker
P
Daugaard
E
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 4, 1998
Moved by:
Senator Munson (David)
Second by:
Senator Valandra
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.
Opponents:
Ro Ann Redlin, SD Coalition Against Domestic Violence
Presented by:
Senator Kermit Staggers
MOTION:
DEFER SB 226 UNTIL THE 36TH LEGISLATIVE DAY
Moved by:
Senator Daugaard
Second by:
Senator Flowers
Action:
Was not acted on.
MOTION:
SUBSTITUTE MOTION AMEND SB 226
r-226
On page
1
,
line
5 of the printed bill
,
delete "
arrested for
"
and insert "
convicted of
"
.
Moved by:
Senator Valandra
Second by:
None
Action:
Died for a lack of a second
(ORIGINAL) MOTION:
DEFER SB 226 UNTIL THE 36TH LEGISLATIVE DAY
Moved by:
Senator Daugaard
Second by:
Senator Flowers
Action:
Prevailed by roll call vote.
(5-0-2-0)
Voting yes:
Daugaard, Flowers, Valandra, Munson (David), Whiting
Excused:
Aker, Dunn (Rebecca)
SB 175:
to allow a multifamily housing owner, operator, or leasing agent to verify
certain criminal conviction information on a lease application.
Presented by:
Senator Dick Hainje
MOTION:
AMEND SB 175
d-175
On page
1
,
line
6 of the printed bill
,
delete "
for a rental unit of
"
and insert "
participating in a
crime free multi-housing program
"
.
On page
1
,
line
7
,
delete "
multifamily housing
"
.
On page
1
,
line
14
,
after "
application.
"
insert "
Nothing in this section restricts a person's rights
under the Fair Housing Act.
"
.
Moved by:
Senator Flowers
Second by:
Senator Valandra
Action:
Prevailed by voice vote.
MOTION:
TO TABLE SB 175
Moved by:
Senator Munson (David)
Second by:
Senator Daugaard
Action:
Prevailed by roll call vote.
(5-0-2-0)
Voting yes:
Daugaard, Flowers, Valandra, Munson (David), Whiting
Excused:
Aker, Dunn (Rebecca)
SB 218:
to provide for a Limited Liability Company Act.
Proponents:
Tom Barnett, State Bar of South Dakota
MOTION:
AMEND SB 218
j-218a
On page
17
,
line
5 of the printed bill
,
delete "
designated
"
and insert "
registered
"
.
On page
17
,
line
5
,
before "
agent
"
insert "
registered
"
.
On page
17
,
line
14
,
delete everything after "
state
"
and insert "
before the first day of the second
month following the anniversary month of the filing date.
"
.
On page
39
,
line
9
,
delete "
designated
"
and insert "
registered
"
.
On page
41
,
line
3
,
delete "
within two years
"
.
On page
48
,
line
3
,
delete "
an
"
and insert "
a registered
"
.
On page
48
,
line
5
,
delete "
designated
"
and insert "
registered
"
.
On page
53
,
line
11
,
before "
agent
"
insert "
registered
"
.
On page
53
,
line
13
,
before "
office
"
insert "
registered
"
.
On page
56
,
line
5
,
after "
(e)
"
insert:
"
For filing an application to reserve a name, fifteen dollars;
(f) For issuing a certificate of existence, ten dollars;
(g) For filing an application for reservation of name, one dollar for each month, or fraction
thereof, between the date of filing such application and December thirty-first of the
calendar year in which such application is filed;
(h) For filing an annual renewal of registration, a limited liability company which has in
effect a registration of its name, may renew such registration from year to year by
annually filing an application for renewal setting forth the facts required to be set forth
in an original application for registration and a certificate of good standing as required for
the original registration and by paying a fee of ten dollars. A renewal application may be
filed between the first day of October and the thirty-first day of December in each year,
and shall extend the registration for the following year;
(I)
"
Moved by:
Senator Munson (David)
Second by:
Senator Daugaard
Action:
Prevailed by voice vote.
MOTION:
AMEND SB 218
r-218
On page
12
,
line
4 of the printed bill
,
after "
limited
"
insert "
liability
"
.
Moved by:
Senator Daugaard
Second by:
Senator Flowers
Action:
Prevailed by voice vote.
MOTION:
AMEND SB 218
r-218a
On page
22
,
line
19 of the printed bill
,
delete "
801(2)
"
and insert "
801(a)(2)
"
.
Moved by:
Senator Flowers
Second by:
Senator Munson (David)
Action:
Prevailed by voice vote.
MOTION:
DO PASS SB 218 AS AMENDED
Moved by:
Senator Munson (David)
Second by:
Senator Daugaard
Action:
Prevailed by roll call vote.
(5-0-2-0)
Voting yes:
Daugaard, Flowers, Valandra, Munson (David), Whiting
Excused:
Aker, Dunn (Rebecca)
MOTION:
RECONSIDER THE VOTE BY WHICH SB 218 PASSED
Moved by:
Senator Daugaard
Second by:
Senator Munson (David)
Action:
Prevailed by voice vote.
MOTION:
AMEND SB 218
r-218b
On page
4
,
line
14 of the printed bill
,
delete "
§
54-3-16
"
and insert "
subdivision 54-3-16(1)
"
.
Moved by:
Senator Munson (David)
Second by:
Senator Flowers
Action:
Prevailed by voice vote.
MOTION:
DO PASS SB 218 AS AMENDED
Moved by:
Senator Munson (David)
Second by:
Senator Daugaard
Action:
Prevailed by roll call vote.
(5-0-2-0)
Voting yes:
Daugaard, Flowers, Valandra, Munson (David), Whiting
Excused:
Aker, Dunn (Rebecca)
SB 235:
to prevent criminals from suing their victims for damages.
Proponents:
Brent Wilbur, Office of the Governor
MOTION:
AMEND SB 235
r-235
On page
1
,
line
12 of the printed bill
,
delete "
22-22-1.1
"
.
On page
1
,
line
12
,
after "
22-30A-4,
"
insert "
22-32-1, 22-32-3, 22-32-8, chapter 22-33,
"
.
On page
2
,
line
12
,
delete "
or deficient
"
.
On page
2
,
line
18
,
delete "
chapter
"
and insert "
Act
"
.
Moved by:
Senator Munson (David)
Second by:
Senator Daugaard
Action:
Prevailed by voice vote.
MOTION:
DO PASS SB 235 AS AMENDED
Moved by:
Senator Daugaard
Second by:
Senator Munson (David)
Action:
Prevailed by roll call vote.
(5-0-2-0)
Voting yes:
Daugaard, Flowers, Valandra, Munson (David), Whiting
Excused:
Aker, Dunn (Rebecca)
SB 127:
to protect crime victims from liability associated with the commission of
the crimes.
MOTION:
TO TABLE SB 127
Moved by:
Senator Munson (David)
Second by:
Senator Daugaard
Action:
Prevailed by roll call vote.
(4-1-2-0)
Voting yes:
Daugaard, Flowers, Munson (David), Whiting
Voting no:
Valandra
Excused:
Aker, Dunn (Rebecca)
SB 237:
to revise the grounds for jury challenges for cause.
Proponents:
Brent Wilbur, Office of the Governor
MOTION:
DO PASS SB 237
Moved by:
Senator Munson (David)
Second by:
Senator Daugaard
Action:
Prevailed by roll call vote.
(5-0-2-0)
Voting yes:
Daugaard, Flowers, Valandra, Munson (David), Whiting
Excused:
Aker, Dunn (Rebecca)
MOTION:
PLACE SB 237 ON CONSENT
Moved by:
Senator Valandra
Second by:
Senator Daugaard
Action:
Prevailed by voice vote.
MOTION:
ADJOURN
Moved by:
Senator Munson (David)
Second by:
Senator Daugaard
Action:
Prevailed by voice vote.
Mary Lloyd
_________________________________
Committee Secretary
Fred Whiting, Chair
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