74th Legislative Session -- 1999
Committee: Senate Judiciary
Friday, January 29, 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 27, 1999
Moved by:
Senator Daugaard
Second by:
Senator Everist
Action:
Prevailed by voice vote.
SB 102:
require a criminal history check for certain employees or potential
employees of assisted living centers.
MOTION:
AMEND SB 102
r-102d
That all previous committee amendments be rescinded.
Moved by:
Senator Dunn (Rebecca)
Second by:
Senator Daugaard
Action:
Prevailed by voice vote.
MOTION:
AMEND SB 102
r-102f
On page
1
,
line
16 of the printed bill
,
delete "
The
"
.
On page
2
,
delete lines
1
and
2
.
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
2
,
delete "
and battery
"
.
On page
3
,
line
3
,
delete "
battery
"
and insert "
contact
"
.
On page
3
,
line
16
,
after "
employed
"
insert "
in the assisted living center
"
.
Moved by:
Senator Dunn (Rebecca)
Second by:
Senator Daugaard
Action:
Prevailed by voice vote.
SB 79:
revise the liability for misdemeanor violations of certain provisions
concerning the illegal sale or distribution of tobacco products.
Opponents:
Chuck Schroyer, Attorney
Presented by:
Senator Albers
MOTION:
AMEND SB 79
r-79c
On page
1
,
line
5 of the printed bill
,
remove the overstrikes from "
of
"
.
On page
1
,
line
5
,
delete "
for each sales transaction under
"
.
On page
1
,
line
6
,
overstrike "
§
34-46-2
"
and insert "
subdivision 34-46-2(4)
"
.
Moved by:
Senator Everist
Second by:
Senator Daugaard
Action:
Prevailed by roll call vote.
(6-1-0-0)
Voting yes:
Dunn (Rebecca), Everist, Flowers, Munson (David), Daugaard, Whiting
Voting no:
Moore
MOTION:
AMEND SB 79
r-79b
On page
1
,
after line
9 of the Senate Judiciary committee engrossed bill
,
insert:
"
Section 2. That chapter 34-46 be amended by adding thereto a NEW SECTION to read as
follows:
No person may be charged with more than one violation in any twenty-four hour period which
results from sales to persons purchasing during unannounced random inspections.
"
Moved by:
Senator Flowers
Second by:
Senator Munson (David)
Action:
Prevailed by voice vote.
MOTION:
DO PASS SB 79 AS AMENDED
Moved by:
Senator Everist
Second by:
Senator Moore
Action:
Prevailed by roll call vote.
(7-0-0-0)
Voting yes:
Dunn (Rebecca), Everist, Flowers, Moore, Munson (David), Daugaard, Whiting
SB 106:
increase the penalty for failure to stop for an emergency vehicle.
Proponents:
Angela Ehlers, self
Presented by:
Senator Hainje
MOTION:
AMEND SB 106
t-106
On page
1
,
line
9 of the printed bill
,
remove the overstrikes from "
Class 2
"
.
On page
1
,
line
9
,
delete "
Class 1
"
.
On page
1
,
line
10
,
after "
misdemeanor.
"
insert "
However, a violation of this section is a Class
1 misdemeanor if the emergency vehicle referred to in this section is an ambulance, fire department
vehicle, or a rescue vehicle which is at the scene of an accident or a fire and the failure to stop results
in an injury to an emergency worker or damage to any such authorized emergency vehicle.
"
.
Moved by:
Senator Moore
Second by:
Senator Everist
Action:
Prevailed by voice vote.
MOTION:
DO PASS SB 106 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 107:
require the Corrections Commission to review any proposal to establish
or increase mandatory minimum sentences.
Proponents:
Max Gors, UJS
Opponents:
Jeff Bloomberg, Dept. Of Corrections
Presented by:
Senator Whiting
MOTION:
AMEND SB 107
r-107
On page
1
,
line
6 of the printed bill
,
delete "
July first
"
and insert "
December thirty-first
"
.
Moved by:
Senator Everist
Second by:
Senator Moore
Action:
Prevailed by voice vote.
MOTION:
DO PASS SB 107 AS AMENDED
Moved by:
Senator Moore
Second by:
Senator Flowers
Action:
Prevailed by roll call vote.
(5-2-0-0)
Voting yes:
Everist, Flowers, Moore, Daugaard, Whiting
Voting no:
Dunn (Rebecca), Munson (David)
HB 1064:
revise the court automation surcharge in civil actions, small claims
proceedings, criminal actions, and proceedings before the Supreme Court.
Proponents:
Charlie McGuigan, Attorney General's Office
Presented by:
Mike Buenger, UJS-Document #1
MOTION:
DO PASS HB 1064
Moved by:
Senator Everist
Second by:
Senator Dunn (Rebecca)
Action:
Prevailed by roll call vote.
(6-1-0-0)
Voting yes:
Dunn (Rebecca), Everist, Moore, Munson (David), Daugaard, Whiting
Voting no:
Flowers
HB 1063:
authorize the courts to suspend driving privileges for persons convicted
of driving or physical control of a motor vehicle while under age twenty-one and
under the influence of alcohol or controlled substances and to permit the granting
of certain restricted driving privileges for such persons.
Presented by:
Max Gors, UJS
MOTION:
DO PASS HB 1063
Moved by:
Senator Moore
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 HB 1063 ON CONSENT
Moved by:
Senator Everist
Second by:
Senator Munson (David)
Action:
Prevailed by voice vote.
HB 1062:
revise the duties of magistrate judges.
Presented by:
Max Gors, UJS
MOTION:
DO PASS HB 1062
Moved by:
Senator Moore
Second by:
Senator Munson (David)
Action:
Prevailed by roll call vote.
(7-0-0-0)
Voting yes:
Dunn (Rebecca), Everist, Flowers, Moore, Munson (David), Daugaard, Whiting
MOTION:
PLACE HB 1062 ON CONSENT
Moved by:
Senator Daugaard
Second by:
Senator Everist
Action:
Prevailed by voice vote.
HB 1061:
revise the provisions exempting certain persons from service as jurors.
Presented by:
Mike Buenger, UJS
MOTION:
DO PASS HB 1061
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
MOTION:
ADJOURN
Moved by:
Senator Dunn (Rebecca)
Second by:
Senator Daugaard
Action:
Prevailed by voice vote.
Carol A. Glass
_________________________________
Committee Secretary
Fred Whiting, Chair
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