74th Legislative Session -- 1999
Committee: Senate Judiciary
Wednesday, February 3, 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 February 1, 1999
Moved by:
Senator Flowers
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:
DO PASS SB 102 AS AMENDED
Moved by:
Senator Everist
Second by:
Senator Dunn (Rebecca)
Action:
Prevailed by roll call vote.
(4-0-3-0)
Voting yes:
Dunn (Rebecca), Everist, Flowers, Whiting
Excused:
Moore, Munson (David), Daugaard
SB 226:
permit persons sixty-five or older to request that they be excused from jury
duty.
Opponents:
Mike Buenger, UJS
Bob Frieberg, Trial Lawyer's Association
Presented by:
Senator Lange
MOTION:
DEFER SB 226 UNTIL THE 41ST LEGISLATIVE DAY
Moved by:
Senator Everist
Second by:
Senator Daugaard
Action:
Prevailed by roll call vote.
(6-0-1-0)
Voting yes:
Dunn (Rebecca), Everist, Flowers, Munson (David), Daugaard, Whiting
Excused:
Moore
SB 188:
limit the application of capital punishment.
Proponents:
Rory King, Catholic Diocese
Nick Braune, SD Peace and Justice
Presented by:
Senator Lange, (Document 1)
MOTION:
DO PASS SB 188
Moved by:
Senator Dunn (Rebecca)
Second by:
None
Action:
Died for a lack of a second
MOTION:
SUBSTITUTE MOTION AMEND SB 188
r-188
On page
1
,
line
7 of the printed bill
,
delete "
twenty-one
"
and insert "
sixteen
"
.
Moved by:
Senator Daugaard
Second by:
Senator Everist
Action:
Prevailed by roll call vote.
(5-2-0-0)
Voting yes:
Everist, Flowers, Munson (David), Daugaard, Whiting
Voting no:
Dunn (Rebecca), Moore
MOTION:
AMEND SB 188
r-188a
On page
1
,
line
9 of the printed bill
,
delete "
developmentally disabled
"
and insert "
mentally
retarded
"
.
On page
1
,
line
9
,
delete "
§
27B-1-3
"
and insert "
§
27B-1-1
"
.
Moved by:
Senator Daugaard
Second by:
Senator Everist
Action:
Prevailed by voice vote.
MOTION:
SUBSTITUTE MOTION AMEND SB 188
r-188b
On page
1
,
delete lines
6
to
10 of the printed bill
, inclusive
,
and insert "
against any defendant
who was less than sixteen years of age at the time when the offense occurred.
"
.
Moved by:
Senator Whiting
Second by:
Senator Everist
Action:
Failed by roll call vote.
(2-5-0-0)
Voting yes:
Everist, Whiting
Voting no:
Dunn (Rebecca), Flowers, Moore, Munson (David), Daugaard
MOTION:
DO PASS SB 188 AS AMENDED
Moved by:
Senator Daugaard
Second by:
Senator Everist
Action:
Prevailed by roll call vote.
(5-2-0-0)
Voting yes:
Dunn (Rebecca), Everist, Flowers, Moore, Daugaard
Voting no:
Munson (David), Whiting
SB 246:
revise certain provisions regarding the service of a summons.
Presented by:
Dave Knudson, Governor's Office- (Document 2)
MOTION:
AMEND SB 246
r-246
On page
1
,
delete line
8 of the printed bill
,
and insert "
action who at the time of making such
service is an elector of
the
any
state
in which such service is
"
.
On page
1
,
line
10
,
after "
action
"
insert "
who at the time of making such service is an elector
of any state
"
.
Moved by:
Senator Everist
Second by:
Senator Moore
Action:
Prevailed by voice vote.
MOTION:
DO PASS SB 246 AS AMENDED
Moved by:
Senator Daugaard
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 246 ON CONSENT
Moved by:
Senator Everist
Second by:
Senator Dunn (Rebecca)
Action:
Prevailed by voice vote.
SB 225:
prohibit any person under the age of twenty-one from operating a motor
vehicle if there is any alcohol present in the person's blood.
The Chair deferred SB 225 until another day.
SB 153:
revise and establish certain provisions related to recommendations for the
settlement of labor disputes.
Proponents:
Bob Stevens, SDEA
Paul Aylward, AFSCME
Opponents:
James Marsh, SDDOL
Jim Shekleton, Board of Regents
Presented by:
Senator David Munson
MOTION:
DO PASS SB 153
Moved by:
Senator Munson (David)
Second by:
Senator Dunn (Rebecca)
Action:
Prevailed by roll call vote.
(5-2-0-0)
Voting yes:
Dunn (Rebecca), Everist, Flowers, Moore, Munson (David)
Voting no:
Daugaard, Whiting
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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