74th Legislative Session -- 1999

Committee: Senate Judiciary

Wednesday, January 20, 1999

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P      Dunn (Rebecca)
P      Everist
P      Flowers
P      Moore
P      Munson (David)
P      Daugaard, 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 Previous Meeting

Moved by:      Senator Everist
Second by:      Senator Moore
Action:      Prevailed by voice vote.

          SB 28:   establish escrow funds to pay claims brought against tobacco product manufacturers.

Proponents:      Charlie McGuigan,Attorney General's Office
         

MOTION:      AMEND SB 28

r-28

     On page 4 , line 15 of the printed bill , after " that " insert " , on or after July 1, 1999, " .

     On page 5 , line 5 , delete " any provision of this section " and insert " subdivision (1), (2), or (3) " .

     On page 5 , line 9 , after " packs " insert " bearing the excise tax stamp or imprint of the state " .

     On page 5 , line 9 , after " or " insert " on " .

     On page 5 , line 10 , delete " containers, bearing the excise tax stamp or imprint of the state " .

     On page 5 , line 11 , after " necessary " insert " to obtain information from any licensee, licensed under the authority of the Department of Revenue, " .

     On page 5 , line 12 , after " year. " insert " The Department of Revenue may provide information obtained pursuant to this section as is necessary for a tobacco product manufacturer to compute its escrow payment under section 7 of this Act. " .

     On page 5 , line 14 , after " state, " insert " on or after July 1, 1999, " .

     On page 6 , line 23 , delete " this section " and insert " section 7 of this Act " .


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

MOTION:      DO PASS SB 28 AS AMENDED

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

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

          SB 29:   require the notarization of campaign and candidate finance forms.

Proponents:      Charlie McGuigan, Attorney General's Office

MOTION:      DO PASS SB 29

Moved by:      Senator Moore
Second by:      Senator Munson (David)
Action:      Failed by roll call vote.   (3-4-0-0)

Voting yes:      Dunn (Rebecca), Moore, Munson (David)

Voting no:      Everist, Flowers, Daugaard, Whiting

MOTION:      DEFER SB 29 UNTIL THE 41ST LEGISLATIVE DAY

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

Voting yes:      Dunn (Rebecca), Everist, Flowers, Daugaard, Whiting

Voting no:      Moore, Munson (David)

          SB 30:   extend certain rights to victims of stalking.

Proponents:      Charlie McGuigan, Office of Attorney General

MOTION:      DO PASS SB 30

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

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

          SB 31:   list Flunitrazepam and Gama Hydroxy Butyrate as Schedule III controlled substances.

Proponents:      Charlie McGuigan, Office of the Attorney General

MOTION:      DO PASS SB 31

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

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

          SB 19:   revise certain provisions concerning clemency applications.

Presented by:      Laurie Feiler, Dept. Of Corrections

MOTION:      DO PASS SB 19

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

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

Voting no:      Dunn (Rebecca)

          SB 62:   limit the liability of state and local government agencies and their employees for year 2000 litigation.

Presented by:      Otto Doll, Bureau of Information and Telecommunications

The Chair deferred SB 62 until another day.

          SB 63:   provide for the use and acceptance of electronic signatures.

Opponents:      Tom Barnett, State Bar
          Dave Hewett, SD Assoc. Of Healthcare Organizations
Comments by:    Tom Adam, Attorney

MOTION:      DEFER SB 63 UNTIL another day

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

          SB 65:   codify the legislation passed in 1998.

Proponents:      Doug Decker, Code Counsel
Presented by:      Senator Barb Everist

MOTION:      DO PASS SB 65

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

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

MOTION:      PLACE SB 65 ON CONSENT

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

MOTION:      ADJOURN

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




Carol A. Glass

_________________________________

Committee Secretary
Fred Whiting, Chair


../01201000.SJU    Page 1