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 February 11, 1999

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

          HB 1003:   provide for the recovery of certain expenses in an action brought to court by any governmental subdivision relative to the assessment of property.



The Chair deferred HB 1003 until Wednesday, February 17, 1999.

          SB 82:   criminalize the sponsorship of false political advertisements or campaign literature and to provide a penalty therefor.

Presented by:      Senator Whiting

MOTION:      TO TABLE SB 82

Moved by:      Senator Whiting
Second by:      Senator Everist

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Action:      Prevailed by roll call vote.   (4-1-2-0)

Voting yes:      Everist, Flowers, Daugaard, Whiting

Voting no:      Dunn (Rebecca)

Excused:      Moore, Munson (David)

          SB 203:   enact the Uniform Prudent Investor Act.

Presented by:      Senator Everist

MOTION:      AMEND SB 203

t-203

     On page 3 of the printed bill , between lines 18 and 19 , insert:

"      If the trustee obtains the written approval of a majority of the known beneficiaries or is directed by the court, the trustee is not liable for the acts of the person to whom the authority is delegated except in the cases of gross misconduct or gross negligence by the delegating trustee in the selection, establishing the scope and terms of the delegation or reviewing the agent's actions. "

     On page 4 , after line 14 , insert:

"
     Section 14. That § 55-5-6 be repealed.

     55-5-6.   The trustee shall invest and manage trust assets as a prudent investor would considering the purposes, terms, distribution requirements, and other circumstances of the trust. This standard requires the exercise of reasonable care, skill, and caution and shall be applied to investments not in isolation, but in the context of the trust portfolio as a whole and as a part of an overall investment strategy that should incorporate risk and return objectives reasonably suitable to the trust.

     Section 15. That § § 55-5-7 to 55-5-16, inclusive, be repealed. "

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

MOTION:      DO PASS SB 203 AS AMENDED

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

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

MOTION:      PLACE SB 203 ON CONSENT

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

          HB 1027:   increase the maximum benefits payable under the crime victims' compensation program.

Presented by:      Ann Holzhauser, Department of Social Services

MOTION:      DO PASS HB 1027

Moved by:      Senator Dunn (Rebecca)
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

          HB 1217:   revise the procedure for determining the period of time that has elapsed for a person who was previously convicted of driving under the influence.

Proponents:      Nancee Johnson, Beer & Wholesalers Lobbyist
Presented by:      Representative Hennies

MOTION:      DO PASS HB 1217

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

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

Voting no:      Everist, Munson (David)

          HB 1103:   increase the per diem paid to jurors.

Proponents:      Dick Tiezen, Assoc. School Board Lobbyist
          Mike Buenger, UJS
Presented by:      Tom Barnett, State Bar

MOTION:      AMEND HB 1103

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r-1103

     On page 1 , line 5 of the House engrossed bill , delete " a minimum of " .

     On page 1 , line 5 , overstrike " forty " and insert " fifty " .

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

MOTION:      DO PASS HB 1103 AS AMENDED

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:      PLACE HB 1103 ON CONSENT

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

          HB 1192:   extend the time allowed to file an affidavit of recusal of hearing examiner.

Presented by:      Tom Barnett, State Bar

MOTION:      DO PASS HB 1192

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:      PLACE HB 1192 ON CONSENT

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

          SB 82:   criminalize the sponsorship of false political advertisements or campaign literature and to provide a penalty therefor.

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MOTION:      REMOVE SB 82 FROM TABLE

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

Voting yes:      Dunn (Rebecca), Flowers

Voting no:      Everist, Moore, Munson (David), Daugaard, Whiting

MOTION:      ADJOURN

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

Carol A. Glass

Committee Secretary