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 16, 1998

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

MOTION:      RECONSIDER THE VOTE BY WHICH HB 1071 LOST

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

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

Proponents:      Mike Buenger, Unified Judicial System
Opponents:      Dennis Hanson, SD Association of County Commissioners
Comments: Chuck Schroyer, SD State's Attorneys Association
Presented by:      Representative Roger Hunt

MOTION:      AMEND HB 1071

r-1071

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     On page 2 , delete lines 15 to 19 , inclusive , and insert:

" request of the person affected, erroneous application thereof. To assure the availability of circuit judges in all areas of the state, the presiding judge shall arrange so that in each county of his circuit there shall be available a circuit judge to hold court in the county seat of each such county on at least two days each month.

     To assure the availability of circuit judges in all areas of the state, the presiding judge shall arrange, so that in each county of that circuit, there shall be available a circuit judge to hold court in the county seat of each such county on at least two days each month if there are matters that warrant the presence of a judge. "

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

MOTION:      DO PASS HB 1071 AS AMENDED

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

MOTION:      SUBSTITUTE MOTION TO TABLE HB 1071 AS AMENDED

Moved by:      Senator Valandra
Second by:      Senator Dunn (Rebecca)
Action:      Failed by roll call vote.   (3-4-0-0)

Voting yes:      Dunn (Rebecca), Flowers, Valandra

Voting no:      Aker, Daugaard, Munson (David), Whiting

MOTION:      (ORIGINAL) DO PASS HB 1071 AS AMENDED

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

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

Voting no:      Dunn (Rebecca)

          HB 1097:   to revise certain provisions relating to the Office of Hearing Examiners.

Opponents:      Doug Decker, SD State Bureau of Personnel
Presented by:      Representative Patricia de Hueck

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MOTION:      DEFER HB 1097 UNTIL THE 36TH LEGISLATIVE DAY

Moved by:      Senator Munson (David)
Second by:      None
Action:      Died for a lack of a second

MOTION:      AMEND HB 1097

r-1097c

     On page 1 , line 6 of the House Judiciary committee engrossed bill , after " and " insert " shall, at the request of the petitioner, hear, without assessment of costs, any contested case which arises under " .

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

MOTION:      DO PASS HB 1097 AS AMENDED

Moved by:      Senator Flowers
Second by:      Senator Dunn (Rebecca)
Action:      Prevailed by roll call vote.   (5-2-0-0)

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

Voting no:      Munson (David), Whiting

          HB 1279:   to prohibit the possession of a firearm by persons convicted of certain felony drug offenses.

Proponents:      Dave Hunhoff, Yankton
          Senator Bernie Hunhoff, Yankton
          Steve Willard, SD Police Chiefs and Sheriffs Associations
          Charlie McGuigan, Office of Attorney General
Presented by:      Representative Donald Munson

MOTION:      DO PASS HB 1279

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 1037:   to grant and modify the inspection powers of the Board of Nursing and the Board of Medical and Osteopathic Examiners.

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MOTION:      AMEND HB 1037

r-1037c

     On page 1 , line 8 of the House Judiciary committee engrossed bill , after " anesthetist " insert " who holds an active, inactive, lapsed, or disciplined license " .

     On page 2 , line 5 , after " midwife " insert " who holds an active, inactive, lapsed, or disciplined license " .

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

MOTION:      DO PASS HB 1037 AS AMENDED

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

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

Voting no:      Dunn (Rebecca)

          HB 1188:   to allow certain family members to file one petition for change of name

Presented by:      Representative Gary Sokolow

MOTION:      DO PASS HB 1188

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

MOTION:      PLACE HB 1188 ON CONSENT

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

          HB 1253:   to require the testimony of any witness before any grand jury be recorded.

Proponents:      Chuck Schroyer, SD State's Attorneys Association

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Opponents:      Dick Gregerson, SD Court Reporters
Comments: Mike Buenger, Unified Judicial System
Presented by:      Representative Gary Sokolow

MOTION:      DO PASS HB 1253

Moved by:      Senator Daugaard
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

          HCR 1014:   Memorializing Congress to restore the historic role of the National Guard in America's defense policy.



MOTION:      THAT HCR1014 BE CONCURRED IN

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

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

Absent:      Flowers

MOTION:      PLACE HCR1014 ON CONSENT

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

MOTION:      ADJOURN

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

Mary Lloyd

Committee Secretary