74th Legislative Session -- 1999

Committee: Senate Judiciary

                                            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 25, 1999

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

          SB 126:   provide for the confidentiality of certain ambulance patient information.

Proponents:      Tom Hopper, Aberdeen
          John Stalin, Aberdeen
          Yvonne Vik, SD Municipal League
          Angela Ehlers, Presho
Opponents:      Dave Bordewyk,SD Newspaper Association
Presented by:      Senator Lawler

MOTION:      AMEND SB 126

r-126

     On page 1 , line 7 of the printed bill , after " is " insert " not a public record and is " .

     On page 1 , line 7 , delete " except as " and insert " . " .

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     On page 1 , delete line 8 .

Moved by:      Senator Daugaard
Second by:      Senator Dunn (Rebecca)
Action:      Withdrawn.

MOTION:      AMEND SB 126

r-126

     On page 1 , line 7 of the printed bill , after " is " insert " not a public record and is " .

     On page 1 , line 7 , delete " except as " and insert " . " .

     On page 1 , delete line 8 .

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

MOTION:      DO PASS SB 126 AS AMENDED

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

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

Voting no:      Flowers, Moore

          SB 78:   provide for the award of punitive damages in certain wrongful death cases.

Proponents:      Ron Wager, Aberdeen
          Scott Heidpriem, Sioux Falls
          Bob Freiburg,SD Trial Lawyers
Opponents:      Bob Ritter,NFIB/SD
          Craig Matson, State Farm
Presented by:      Sen Lawler

MOTION:      DO PASS SB 78

Moved by:      Senator Dunn (Rebecca)
Second by:      Senator Everist

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Action:      Was not acted on.

MOTION:      SUBSTITUTE MOTION DEFER SB 78 UNTIL Wednesday, February 3, 1999

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

          SB 76:   constitute corporate acknowledgment as prima facie evidence of authority to execute certain documents.

Proponents:      Chad Hanson, Title Insurance Co.
Presented by:      Senator Daugaard

MOTION:      DO PASS SB 76

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

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

MOTION:      PLACE SB 76 ON CONSENT

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

          SB 128:   criminalize the possession of certain contraband in juvenile correctional facilities and the delivery of certain contraband to juvenile correctional facilities.

Proponents:      Jeff Bloomberg, Dept. Of Corrections
Presented by:      Senator Vitter

MOTION:      AMEND SB 128

r-128

     On page 2 , after line 8 of the printed bill , insert:

"
     Section 3. That chapter 24-11 be amended by adding thereto a NEW SECTION to read as follows:

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     A juvenile correctional facility pursuant to this Act is a juvenile detention facility as defined in subdivision 26-7A-1(16) or a juvenile facility operated by the Department of Corrections under §  1-15-1.4. "

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

MOTION:      DO PASS SB 128 AS AMENDED

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

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

Excused:      Everist

          SB 97:   extend the time period during which previous driving while intoxicated convictions may be considered for determining subsequent offenses.

Proponents:      Chuck Schroyer, SD State's Attorney Assoc.
Presented by:      Senator Albers

MOTION:      DEFER SB 97 UNTIL THE 41ST LEGISLATIVE DAY

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

Voting yes:      Flowers, Moore, Munson (David)

Voting no:      Dunn (Rebecca), Everist, Daugaard, Whiting

MOTION:      DO PASS SB 97

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

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

Voting no:      Flowers, Moore, Munson (David)

MOTION:      To request a Fiscal Note on SB 97

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Moved by:      Senator Moore
Second by:      Senator Flowers
Action:      Failed by roll call vote.   (2-4-1-0)

Voting yes:      Flowers, Moore

Voting no:      Dunn (Rebecca), Munson (David), Daugaard, Whiting

Excused:      Everist

          SB 114:   provide for the termination of the decedent's interest in the joint tenancy of a surviving spouse by an interested party under certain circumstances.

Proponents:      Tom Barnett, State Bar Association
Presented by:      Senator Daugaard

MOTION:      DO PASS SB 114

Moved by:      Senator Munson (David)
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

MOTION:      PLACE SB 114 ON CONSENT

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

MOTION:      ADJOURN

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

Carol A. Glass

Committee Secretary