The Senate convened at 2:00 p.m., pursuant to adjournment, the President presiding.
The prayer was offered by the Chaplain, The Rev. Geraldine C. King, followed by the
Pledge of Allegiance led by Senate page Kerri Hamer.
Roll Call: All members present except Sens. Lange and Paisley who were excused.
The Committee on State Affairs respectfully reports that it has had under consideration SB
42 and
6 and returns the same with the recommendation that said bills do pass.
The Committee on State Affairs respectfully reports that it has had under consideration SB
37 and returns the same with the recommendation that said bill do pass and be placed on the
Consent Calendar.
The Committee on State Affairs respectfully reports that it has had under consideration SB
8 which was tabled.
The Committee on Taxation respectfully reports that it has had under consideration SB
14
and returns the same with the recommendation that said bill do pass and be placed on the
Consent Calendar.
The Committee on Judiciary respectfully reports that it has had under consideration SB
15
and
18 and returns the same with the recommendation that said bills do pass.
The Committee on Judiciary respectfully reports that it has had under consideration SB
16
and returns the same with the recommendation that said bill do pass and be placed on the
Consent Calendar.
"
Section
1.
That
§
24-15-8.1
be amended to read as follows:
24-15-8.1.
The victim may request in writing to be notified by the board of pardons and
parole when an inmate who was convicted of committing the crime is granted parole
or the
inmate's parole is revoked
. The board shall send the notice by first class mail to the address
provided by the victim. However, the board is not liable for any damages to the victim if it fails
to mail the notice.
Section
2.
That
§
24-15-8.2
be amended to read as follows:
24-15-8.2.
The victim or the sentencing judge may request in writing to be notified by the
Department of Corrections if the inmate who was convicted of committing the crime escapes
or is released from the penitentiary, or placed on regularly scheduled furlough or work release
pursuant to chapter 24-2, 24-4
,
or 24-5
, or is returned from escape or removed from work
release
. The Department of Corrections may either telephone the victim or the sentencing judge
or send the notice by first class mail to the address provided by the victim or the sentencing
judge. However, the Department of Corrections is not liable for any damages to the victim or
the sentencing judge if it fails either to notify the victim or the sentencing judge by telephone
or to mail the notice.
Section
3.
That
§
24-15A-22
be amended to read as follows:
24-15A-22.
The victim may request in writing to be notified by the board when an inmate
who was convicted of committing the crime is released on parole
or the inmate's parole is
revoked
. The board shall send the notice by first class mail to the address provided by the
victim. However, the board is not liable for any damages to the victim if it fails to mail the
notice.
Section
4.
That
§
23A-28C-2
be amended to read as follows:
23A-28C-2. At the commencement of a criminal proceeding subject to the terms of this chapter, the prosecutor, by first class mail, shall advise the victim of the rights set forth in this chapter. In order to take advantage of such rights, the victim shall advise the prosecutor of the desire to participate. A victim may choose to participate only in certain enumerated phases of the proceedings. A victim wishing to participate shall advise the prosecutor or the Department of Corrections of the place where notifications required under this chapter are to be made, and of any changes in the place of notification. A prosecutor receiving notification of a victim's wish to participate shall keep record of that notification and most recent place of notification through the time of the defendant's final discharge from the criminal justice system. If the defendant is
sentenced to the state prison system, the prosecutor shall forward the information to the
Department of Corrections and the Department of Corrections shall keep record of the request
for notification and the most recent place of notification until the defendant's final discharge
from prison and parole. The request for notification and the place of notification is confidential
and may not be disclosed to the defendant.
Section
5.
That
§
23A-28C-5
be amended to read as follows:
23A-28C-5.
Any institution under the control of the Department of Corrections or the
Department of Human Services, or any jail or other facility where a person is incarcerated due
to the commission of a crime, shall provide notice, as soon as possible,
to the state's attorney
in the county wherein the person was convicted of that crime
if any of the following occur
:
SB 66
Introduced by:
Senators Lawler, Brown (Arnold), Dunn (Rebecca), and Ham and
Representatives Brown (Jarvis), Diedtrich (Elmer), Duniphan, and Kooistra
FOR AN ACT ENTITLED, An Act to
prohibit passengers in the unenclosed cargo area
of certain vehicles unless certain conditions are met.
Was read the first time and referred to the Committee on Health and Human Services.
SB 67
Introduced by:
Senators Lawler, Dennert, Dunn (Rebecca), Ham, and Kleven and
Representatives Sutton (Duane), Diedtrich (Elmer), and Waltman
FOR AN ACT ENTITLED, An Act to
revise certain dates pertaining to the equalization
of tax assessments.
Was read the first time and referred to the Committee on Taxation.
Sen. Olson requested that SB 24 be removed from the Consent Calendar.
SB 43:
FOR AN ACT ENTITLED, An Act to
remove certain licensing exemptions
regarding money lenders and mortgage lenders.
Was read the second time.
The question being "Shall SB 43 pass?"
And the roll being called:
Excused were:
Lange; Paisley
So the bill having received an affirmative vote of a majority of the members-elect, the
President declared the bill passed and the title was agreed to.
The question being "Shall SB 44 pass?"
And the roll being called:
Yeas 24, Nays 9, Excused 2, Absent and Not Voting 0
Yeas were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Drake; Dunn (Jim); Duxbury;
Everist; Flowers; Frederick; Hainje; Halverson; Ham; Kleven; Lawler; Madden; Munson
(David); Rounds; Shoener; Staggers; Vitter; Whiting
Nays were:
Dennert; Dunn (Rebecca); Hutmacher; Kloucek; Moore; Olson; Reedy; Symens; Valandra
Excused were:
Lange; Paisley
So the bill having received an affirmative vote of a majority of the members-elect, the
President declared the bill passed and the title was agreed to.
SB 48: FOR AN ACT ENTITLED, An Act to include viatical settlements in the definition of securities under the Uniform Securities Act and to provide an exemption from registration for viatical settlements issued by certain companies.
Was read the second time.
The question being "Shall SB 48 pass?"
And the roll being called:
Yeas 31, Nays 1, Excused 3, Absent and Not Voting 0
Yeas were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim);
Duxbury; Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hutmacher; Kleven; Kloucek;
Lawler; Madden; Moore; Munson (David); Olson; Reedy; Rounds; Shoener; Symens; Valandra;
Vitter; Whiting
Nays were:
Staggers
Excused were:
Dunn (Rebecca); Lange; Paisley
So the bill having received an affirmative vote of a majority of the members-elect, the
President declared the bill passed and the title was agreed to.
SC 2
Introduced by:
Senator Kleven and Representatives McNenny, McCoy, and Pummel
A LEGISLATIVE COMMEMORATION,
Commending and honoring Terry Nelson, Black
Hawk, South Dakota, as the 1998-1999 Outstanding School Board Member.
1998-1999 Outstanding School Board Member and that he is hereby designated an official
representative of the state for the year 1999 to continue in his efforts to seek improvement of
educational opportunities for all citizens of the state.
Sen. Rounds moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on
Saturday, January 16, the 5th legislative day.
Which motion prevailed.
Sen. Brosz moved that the Senate do now adjourn, which motion prevailed, and at 2:35
p.m. the Senate adjourned.