73rd Legislative Session -- 1998

Committee: Senate Judiciary

                                            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 9, 1998

Moved by:      Senator Dunn (Rebecca)
Second by:      Senator Munson (David)
Action:      Prevailed by voice vote.

The meeting was turned over to Vice-Chair, Senator David Munson.

          SB 215:   to revise certain provisions fixing the compensation of certain court appointed counsel and expert witnesses.

Proponents:      Tom Barnett, State Bar of South Dakota
          Mark Barnett, Attorney General
Presented by:      Senator Fred Whiting

MOTION:      DO PASS SB 215

Moved by:      Senator Flowers
Second by:      Senator Dunn (Rebecca)
Action:      Prevailed by roll call vote.   (7-0-0-0)

Voting yes:      Aker, Daugaard, Dunn (Rebecca), Flowers, Valandra, Munson (David), Whiting

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The meeting turned back over to the Chair, Senator Whiting.

          SB 230:   to require the suspension of a minor's driving privileges if adjudicated to have committed vandalism.

Opponents:      Cindy Gerber, Department of Commerce and Regulation
          Tom Barnett, State Bar of South Dakota
          Darla Lyon, Department of Commerce and Regulation
Presented by:      Senator Rebecca Dunn

MOTION:      DO PASS SB 230

Moved by:      Senator Aker
Second by:      Senator Valandra
Action:      Was not acted on.

MOTION:      SUBSTITUTE MOTION DEFER SB 230 UNTIL THE 36TH LEGISLATIVE DAY

Moved by:      Senator Flowers
Second by:      Senator Daugaard
Action:      Prevailed by roll call vote.   (4-3-0-0)

Voting yes:      Daugaard, Flowers, Munson (David), Whiting

Voting no:      Aker, Dunn (Rebecca), Valandra

          SB 176:   to revise certain provisions relating to the exercise of eminent domain by railroads.

Proponents:      Curt Pochardt, Sierra Club, Dacotah Chapter
Opponents:      Roxanne Rice, Department of Transportation
          Kevin Schieffer, DM & E Railroad
Presented by:      Senator Paul Valandra

MOTION:      DEFER SB 176 UNTIL THE 36TH LEGISLATIVE DAY

Moved by:      Senator Munson (David)
Second by:      Senator Aker
Action:      Prevailed by roll call vote.   (6-1-0-0)

Voting yes:      Aker, Daugaard, Dunn (Rebecca), Flowers, Munson (David), Whiting

Voting no:      Valandra

          HB 1071:   to revise certain provisions concerning the availability of circuit judges in county seats.

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Proponents:      Dan Schenk, Unified Judicial System
Opponents:      Dave Axtmann, Hyde County
          Eric Bogue, Dupree
          Dennis Hanson, SD Association of County Commissioners

MOTION:      DEFER HB 1071 UNTIL THE 36TH LEGISLATIVE DAY

Moved by:      Senator Flowers
Second by:      Senator Daugaard
Action:      Prevailed by roll call vote.   (6-1-0-0)

Voting yes:      Aker, Daugaard, Dunn (Rebecca), Flowers, Valandra, Whiting

Voting no:      Munson (David)

          HB 1112:   to provide for a statute of limitations in certain negligence actions against regional airports.

Proponents:      Mike Marnach, Sioux Falls Airport
          Dan Nelson, Sioux Falls Chamber of Commerce (Document A)
Presented by:      Representative Roger Hunt

MOTION:      AMEND HB 1112

j-1112

     On page 1 , line 8 of the House engrossed bill , delete everything after " negligence. " .

     On page 1 , delete line 9 .

Moved by:      Senator Daugaard
Second by:      Senator Munson (David)
Action:      Prevailed by voice vote.

MOTION:      DO PASS HB 1112 AS AMENDED

Moved by:      Senator Daugaard
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

MOTION:      RECONSIDER THE VOTE BY WHICH HB 1112 PASSED

Moved by:      Senator Aker

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Second by:      Senator Munson (David)
Action:      Prevailed by voice vote.

MOTION:      PLACE HB 1112 ON CONSENT

Moved by:      Senator Aker
Second by:      Senator Munson (David)
Action:      Prevailed by voice vote.

          HB 1098:   to allow coroners to issue subpoenas outside their own county and to allow special death investigators to issue subpoenas.

Presented by:      Representative Roger Hunt

MOTION:      DO PASS HB 1098

Moved by:      Senator Munson (David)
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

MOTION:      PLACE HB 1098 ON CONSENT

Moved by:      Senator Daugaard
Second by:      Senator Munson (David)
Action:      Prevailed by voice vote.

          HB 1101:   to establish certain prima facie evidence that an account holder executed a check.

Proponents:      Ron Olinger, SD Retailers Association (Document A)
          Chuck Schroyer, SD State's Attorneys Association
Presented by:      Representative Roger Hunt

MOTION:      AMEND HB 1101

r-1101b

     On page 1 , line 6 of the House engrossed bill , after " check " insert " described in §  22-41-1, " .

Moved by:      Senator Munson (David)
Second by:      Senator Daugaard
Action:      Prevailed by voice vote.

MOTION:      DO PASS HB 1101 AS AMENDED

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Moved by:      Senator Aker
Second by:      Senator Daugaard
Action:      Prevailed by roll call vote.   (7-0-0-0)

Voting yes:      Aker, Daugaard, Dunn (Rebecca), Flowers, Valandra, Munson (David), Whiting

MOTION:      PLACE HB 1101 ON CONSENT

Moved by:      Senator Aker
Second by:      Senator Daugaard
Action:      Prevailed by voice vote.

          HB 1102:   to allow any person who is not the head of a family to claim an exemption in certain bankruptcy proceedings.

Presented by:      Representative Roger Hunt

MOTION:      DO PASS HB 1102

Moved by:      Senator Aker
Second by:      Senator Daugaard
Action:      Prevailed by roll call vote.   (7-0-0-0)

Voting yes:      Aker, Daugaard, Dunn (Rebecca), Flowers, Valandra, Munson (David), Whiting

MOTION:      PLACE HB 1102 ON CONSENT

Moved by:      Senator Aker
Second by:      Senator Munson (David)
Action:      Prevailed by voice vote.

MOTION:      ADJOURN

Moved by:      Senator Aker
Second by:      Senator Munson (David)
Action:      Prevailed by voice vote.

Mary Lloyd

Committee Secretary