74th Legislative Session -- 1999
Committee: Senate Judiciary
Monday, January 25, 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 January 22,1999
Moved by:
Senator Munson (David)
Second by:
Senator Flowers
Action:
Prevailed by voice vote.
SB 79:
revise the liability for misdemeanor violations of certain provisions
concerning the illegal sale of distribution of tobacco products.
Opponents:
Dick Tieszen, Lobbyist
Jerry Wheeler, SD Retailer's Associationn
Presented by:
Senator Albers
MOTION:
AMEND SB 79
r-79a
On page
1
,
line
5 of the printed bill
,
overstrike "
of
"
and insert "
for each sales transaction under
"
.
On page
1
,
line
6
,
remove the overstrikes from "
§
34-46-2
"
.
On page
1
,
line
6
,
delete "
subdivision 34-46-2(4)
"
.
Moved by:
Senator Everist
Second by:
Senator Daugaard
Action:
Prevailed by voice vote.
MOTION:
DO PASS SB 79 AS AMENDED
Moved by:
Senator Everist
Second by:
Senator Daugaard
Action:
Was not acted on.
MOTION:
SUBSTITUTE MOTION DEFER SB 79 UNTIL THE 41ST LEGISLATIVE DAY
Moved by:
Senator Flowers
Second by:
Senator Moore
Action:
Failed by roll call vote.
(2-5-0-0)
Voting yes:
Flowers, Moore
Voting no:
Dunn (Rebecca), Everist, Munson (David), Daugaard, Whiting
MOTION:
DO PASS SB 79 AS AMENDED
Moved by:
Senator Everist
Second by:
Senator Daugaard
Action:
Prevailed by roll call vote.
(5-2-0-0)
Voting yes:
Dunn (Rebecca), Everist, Munson (David), Daugaard, Whiting
Voting no:
Flowers, Moore
MOTION:
TO AMEND TITLE OF SB 79
r-79
On page
1
,
line
2 of the printed bill
,
after "
sale
"
delete "
of
"
and insert "
or
"
.
Moved by:
Senator Flowers
Second by:
Senator Moore
Action:
Prevailed by voice vote.
SB 80:
clarify certain provisions relating to the disposition of certain controlled
weapons or firearms.
Proponents:
Charlie McGuigan, Attorney General's Office
Steve Willard, SD Police Association
Presented by:
Senator Albers
MOTION:
AMEND SB 80
r-80
On page
2
,
line
4 of the printed bill
,
delete "
Division of Criminal Investigation
"
and insert
"
South Dakota Forensic Laboratory for scientific examination purposes
"
.
Moved by:
Senator Moore
Second by:
Senator Everist
Action:
Prevailed by voice vote.
MOTION:
DO PASS SB 80 AS AMENDED
Moved by:
Senator Moore
Second by:
Senator Flowers
Action:
Prevailed by roll call vote.
(7-0-0-0)
Voting yes:
Dunn (Rebecca), Everist, Flowers, Moore, Munson (David), Daugaard, Whiting
SB 102:
require a criminal history check for certain employees or potential
employees of assisted living centers.
Proponents:
Charlie McGuigan, Attorney General's Office
Opponents:
Dave Hewett,SD Assoc. Of Healthcare Associations
Presented by:
Senator Brosz
MOTION:
AMEND SB 102
r-102
On page
1
,
line
6 of the printed bill
,
delete "
to provide nursing care, health-related services,
medic services, or
"
.
On page
1
,
line
7
,
delete "
supportive assistance to any individual
"
.
Moved by:
Senator Everist
Second by:
Senator Moore
Action:
Prevailed by voice vote.
MOTION:
AMEND SB 102
r-102a
On page
3
,
line
17 of the printed bill
,
after "
employed
"
insert "
in the assisted living center
"
.
Moved by:
Senator Everist
Second by:
Senator Dunn (Rebecca)
Action:
Prevailed by voice vote.
MOTION:
AMEND SB 102
r-102b
On page
1
,
line
13 of the printed bill
,
delete "
a
"
and insert "
such
"
.
On page
1
,
line
13
,
delete "
offering to provide nursing care,
"
.
On page
1
,
line
14
,
delete "
health-related services, or supportive services to any individual
"
.
Moved by:
Senator Flowers
Second by:
Senator Everist
Action:
Prevailed by voice vote.
MOTION:
AMEND SB 102
r-102c
On page
1
,
line
16 of the printed bill
,
delete "
The
"
.
On page
2
,
delete lines
2
and
3
.
On page
2
,
line
9
,
delete "
a
"
and insert "
any
"
.
On page
2
,
line
9
,
delete "
only such records as relate to:
"
and insert "
.
"
.
On page
2
,
delete lines
10
to
18
, inclusive
.
On page
3
,
line
3
,
delete "
and battery
"
.
On page
3
,
line
4
,
delete "
battery
"
and insert "
contact
"
.
Moved by:
Senator Dunn (Rebecca)
Second by:
Senator Everist
Action:
Prevailed by voice vote.
MOTION:
That the 1st and 3rd amendments be rescinded
Moved by:
Senator Everist
Second by:
Senator Munson (David)
Action:
Prevailed by voice vote.
MOTION:
DO PASS SB 102 AS AMENDED
Moved by:
Senator Moore
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 94:
allow certain law enforcement officers or the Department of Social Services
to take photographs, videotapes, or electronic images of a child if abuse or neglect
is suspected.
Proponents:
Dave Hewett, SD Assoc. Of Healthcare Associations
Judy Hines, Social Services
Presented by:
Senator Daugaard
MOTION:
DO PASS SB 94
Moved by:
Senator Moore
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 109:
provide for the public announcement of capital punishment execution
dates.
Proponents:
Nick Braune, SD Peace and Justice Center
Jeff Bloomberg, Dept. Of Corrections
Dave Bordewyk, SD Newspaper Assoc.
Presented by:
Senator Staggers
MOTION:
AMEND SB 109
r-109
On page
1
,
line
8 of the printed bill
,
overstrike "
between the hours of 12:01 a.m. and 6:00 a.m.
"
.
Moved by:
Senator Moore
Second by:
Senator Munson (David)
Action:
Prevailed by voice vote.
MOTION:
DO PASS SB 109 AS AMENDED
Moved by:
Senator Flowers
Second by:
Senator Munson (David)
Action:
Prevailed by roll call vote.
(4-3-0-0)
Voting yes:
Flowers, Moore, Munson (David), Whiting
Voting no:
Dunn (Rebecca), Everist, Daugaard
MOTION:
ADJOURN
Moved by:
Senator Moore
Second by:
Senator Daugaard
Action:
Prevailed by voice vote.
Carol A. Glass
_________________________________
Committee Secretary
Fred Whiting, Chair
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