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


../02031000.SJU    Page 1