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 13, 1998

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

          HB 1193:   to require that certain information be disclosed on the sex offender registry.

Proponents:      Charles McGuigan, Office of Attorney General
Presented by:      Representative Cheryl Madden

MOTION:      DO PASS HB 1193

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

Voting yes:      Aker, Daugaard, Flowers, Whiting

Absent:      Dunn (Rebecca), Valandra, Munson (David)

MOTION:      PLACE HB 1193 ON CONSENT

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

          HB 1086:   to revise certain provisions regarding court-ordered temporary custody of a child.

Presented by:      Representative Cheryl Madden

MOTION:      DO PASS HB 1086

Moved by:      Senator Aker
Second by:      Senator Daugaard
Action:      Prevailed by roll call vote.   (5-0-0-2)

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

Absent:      Dunn (Rebecca), Valandra

MOTION:      PLACE HB 1086 ON CONSENT

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

          HB 1234:   to revise certain provisions relating to confidentiality of certain medical committees.

Proponents:      Dave Gerdes, SD State Medical Association
Presented by:      Representative Rex Hagg

MOTION:      DO PASS HB 1234

Moved by:      Senator Munson (David)
Second by:      Senator Daugaard
Action:      Prevailed by roll call vote.   (5-1-0-1)

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

Voting no:      Dunn (Rebecca)

Absent:      Valandra

          HB 1206:   to provide for legislative review of zoning ordinances if there is a protest filed.

Presented by:      Representative Rex Hagg

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MOTION:      AMEND HB 1206

r-1206

     On page 1 , line 15 of the House engrossed bill , after " The " insert " protest " .

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

MOTION:      DO PASS HB 1206 AS AMENDED

Moved by:      Senator Aker
Second by:      Senator Daugaard
Action:      Prevailed by roll call vote.   (5-0-0-2)

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

Absent:      Flowers, Valandra

          HB 1121:   to provide for the contracting of legal services for indigent defense and to create a lien in support thereof.

Proponents:      Chuck Schroyer, SD State's Attorneys Association
Presented by:      Representative Craig Schaunaman

MOTION:      DO PASS HB 1121

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

MOTION:      PLACE HB 1121 ON CONSENT

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

          HB 1252:   to provide for the insertion of certain language in marriage license applications.

Proponents:      Ro Ann Redlin, SD Coalition Against Domestic Violence
          Roblein Ahrlin, SDSMA Alliance
          Representative Caitlin Collier
          Dave Gerdes, SD State Medical Association

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          Rich Sattgast, SD Association of County Officials
Presented by:      Representative Carol Fitzgerald

MOTION:      AMEND HB 1252

r-1252c

     On page 1 , delete lines 12 and 13 of the House engrossed bill , and insert " The application shall contain a separate line for the signatures of the applicants verifying that the applicants have read and understand the statement. " .

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

MOTION:      DO PASS HB 1252 AS AMENDED

Moved by:      Senator Dunn (Rebecca)
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

          HB 1210:   to provide for the forfeiture of security for failure to comply with the provisions of § 23A-43-4.2.

Proponents:      Chuck Schroyer, SD State's Attorneys Association
Presented by:      Representative J.P. Duniphan

MOTION:      DO PASS HB 1210

Moved by:      Senator Dunn (Rebecca)
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

MOTION:      PLACE HB 1210 ON CONSENT

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

          HB 1270:   to revise the items subject to an annual accounting of a conservator under the Uniform Probate Code.

Proponents:      Tom Adam, SD Bankers Association (Document A)

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Presented by:      Representative Caitlin Collier

MOTION:      AMEND HB 1270

r-1270

     On page 2 , delete lines 10 and 11 of the printed bill , and insert:

"

             (8)    An annual inventory of any item or category of items of personal property with a value of two thousand five hundred dollars or more which has come into the conservator's possession or knowledge for the minor or protected person. "

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

MOTION:      DO PASS HB 1270 AS AMENDED

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

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

Absent:      Flowers

MOTION:      PLACE HB 1270 ON CONSENT

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

MOTION:      ADJOURN

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

Mary Lloyd

Committee Secretary