74th Legislative Session -- 1999
Committee: Senate Judiciary
Monday, February 1, 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 29, 1999
Moved by:
Senator Daugaard
Second by:
Senator Dunn (Rebecca)
Action:
Prevailed by voice vote.
MOTION:
To introduce the following bill on behalf of the Governor:
An Act to revise the law on service of process.
Moved by:
Senator Daugaard
Second by:
Senator Dunn (Rebecca)
Action:
Prevailed by roll call vote.
(6-0-1-0)
Voting yes:
Dunn (Rebecca), Everist, Flowers, Moore, Daugaard, Whiting
Excused:
Munson (David)
SB 190:
prohibit certain sexual acts between certain jail and juvenile correctional
facility employees and prisoners and to provide a penalty therefor.
Presented by:
Senator Vitter
MOTION:
AMEND SB 190
r-190
On page
1
,
after line
9 of the printed bill
,
insert:
"
Section 2. That chapter 24-11 be amended by adding thereto a NEW SECTION to read as
follows:
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 Moore
Second by:
Senator Flowers
Action:
Prevailed by voice vote.
MOTION:
DO PASS SB 190 AS AMENDED
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
SB 202:
revise the venue provisions relating to administrative appeals.
Proponents:
Patti DeHueck, self
Presented by:
Senator Bogue
MOTION:
DO PASS SB 202
Moved by:
Senator Flowers
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 SB 202 ON CONSENT
Moved by:
Senator Munson (David)
Second by:
Senator Everist
Action:
Prevailed by voice vote.
SB 200:
increase the penalty for possessing certain drugs near schools and certain
other youth-oriented facilities.
Proponents:
Charlie McGuigan, Attorney General's Office
Presented by:
Senator Rounds
MOTION:
AMEND SB 200
r-200
On page
1
,
line
5 of the printed bill
,
delete "
22-42-5,
"
.
Moved by:
Senator Moore
Second by:
Senator Flowers
Action:
Withdrawn.
The Chair deferred SB 200 until February 8, 1999.
SB 150:
revise the elements of the crime of resisting arrest.
Proponents:
Chuck Schroyer, State's Attorney Assoc.
Steve Willard, SD Sheriff and Police Associations
Tom Hennies, District #32 Representative
Presented by:
Senator Brosz
MOTION:
DO PASS SB 150
Moved by:
Senator Flowers
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
SB 203:
enact the Uniform Prudent Investor Act.
Proponents:
Tom Adam, SD Banker's Association
Presented by:
Senator Everist
The Chair deferred SB 203 until February 10, 1999.
SB 167:
limit the liability resulting from the sale of firearms.
Opponents:
Bob Frieberg, SD Trial Lawyers
Presented by:
Senator Staggers
MOTION:
TO TABLE SB 167
Moved by:
Senator Dunn (Rebecca)
Second by:
Senator Everist
Action:
Prevailed by roll call vote.
(6-1-0-0)
Voting yes:
Dunn (Rebecca), Everist, Flowers, Moore, Daugaard, Whiting
Voting no:
Munson (David)
SB 168:
prohibit the state and its political subdivisions from bringing or joining
any class action lawsuit against firearms manufacturers and retailers.
Opponents:
Charlie McGuigan, Attorney General's Office
Presented by:
Senator Staggers
MOTION:
TO TABLE SB 168
Moved by:
Senator Everist
Second by:
Senator Flowers
Action:
Prevailed by roll call vote.
(5-2-0-0)
Voting yes:
Dunn (Rebecca), Everist, Moore, Daugaard, Whiting
Voting no:
Flowers, Munson (David)
SB 162:
increase the penalty for second convictions for criminal pedophilia.
Proponents:
Representative Michels
Presented by:
Senator Everist
MOTION:
AMEND SB 162
r-162
On page
1
,
line
10 of the printed bill
,
delete "
minimum
"
.
On page
1
,
line
10
,
after "
parole.
"
insert "
However, the sentencing court may impose a sentence
other than that specified in this section if the court finds that mitigating circumstances exist which
require a departure from the mandatory sentence provided for in this section. The court's finding of
mitigating circumstances allowed by this section and the factual basis relied upon by the court shall
be in writing.
"
.
Moved by:
Senator Whiting
Second by:
Senator Munson (David)
Action:
Prevailed by voice vote.
MOTION:
DO PASS SB 162 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
MOTION:
ADJOURN
Moved by:
Senator Flowers
Second by:
Senator Dunn (Rebecca)
Action:
Withdrawn.
SB 165:
prohibit the assessment of a technology fee in the sale of certain seed and
to provide a penalty therefor.
Opponents:
Brenda Forman, SD Assoc. Of Coops
Presented by:
Senator Kloucek
MOTION:
TO TABLE SB 165
Moved by:
Senator Everist
Second by:
Senator Munson (David)
Action:
Prevailed by roll call vote.
(5-2-0-0)
Voting yes:
Everist, Flowers, Munson (David), Daugaard, Whiting
Voting no:
Dunn (Rebecca), Moore
MOTION:
ADJOURN
Moved by:
Senator Everist
Second by:
Senator Daugaard
Action:
Prevailed by voice vote.
Carol A. Glass
_________________________________
Committee Secretary
Fred Whiting, Chair
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