75th Legislative Session -- 2000
Committee: Senate Judiciary
Friday, January 28, 2000
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 Chair Whiting
MOTION:
TO APPROVE THE MINUTES OF last meeting
Moved by:
Senator Daugaard
Second by:
Senator Flowers
Action:
Prevailed by voice vote.
SB 175:
establish the Division of Antitrust Enforcement within the Office of the
Attorney General.
Presented by:
Senator Hutmacher
Proponents:
Attorney General, Mark Barnett
Phil Cyre, South Dakota Farmer's Union (Doc#1), (Doc#2)
MOTION:
AMEND SB 175
175ra
On page
1
,
line
12 of the printed bill
,
delete "
shall
"
and insert "
is authorized to
"
.
On page
1
,
line
12
,
delete "
all
"
.
On page
1
,
line
12 of the printed bill
,
after "
violations
"
delete "
of
"
.
On page
1
,
line
13
,
delete "
the Constitution of the State of South Dakota and of the laws of this
state,
"
.
On page
1
,
line
13
,
after "
and
"
insert "
unfair business practices, and where authorized by law,
bring enforcement actions. The division
"
.
On page
1
,
delete lines
15
and
16
.
On page
2
,
line
2
,
delete "
and the Division of Antitrust Enforcement
"
.
On page
2
,
line
2
,
delete "
investigate
"
.
On page
2
,
line
3
,
delete "
and
"
.
On page
2
,
line
9
,
after "
.
"
insert "
The provisions of
§
§
37-1-11.1 to 37-1-14.4, inclusive, are
applicable to investigations authorized under this section.
Section 4. That
§
37-1-11.3
be amended to read as follows:
37-1-11.3.
Any procedure, testimony taken, or material produced under
§
§
37-1-11.1 and
37-1-11.2 shall be kept confidential by the attorney general before bringing an action, and during the
action, against a person under this chapter for the violation under investigation, unless confidentiality
is waived in writing by the person being investigated and the person who has testified, answered
interrogatories, or produced material, or disclosure is authorized by the court.
However, nothing
prevents the attorney general from providing any testimony taken or material produced to other state
or federal officials who are charged with antitrust enforcement and agree to abide by the provisions
of this section or comparable provisions of state and federal law.
"
Moved by:
Senator Moore
Second by:
Senator Munson (David)
Action:
Prevailed by voice vote.
MOTION:
DO PASS SB 175 AS AMENDED
Moved by:
Senator Flowers
Second by:
None
Action:
Died for a lack of a second
MOTION:
DEFER SB 175 UNTIL THE 36TH LEGISLATIVE DAY
Moved by:
Senator Everist
Second by:
Senator Munson (David)
Action:
Failed by roll call vote.
(3-3-1-0)
Voting yes:
Everist, Munson (David), Daugaard
Voting no:
Dunn (Rebecca), Flowers, Whiting
Excused:
Moore
MOTION:
DO PASS SB 175 AS AMENDED
Moved by:
Senator Flowers
Second by:
Senator Dunn (Rebecca)
Action:
Prevailed by roll call vote.
(4-2-1-0)
Voting yes:
Dunn (Rebecca), Flowers, Munson (David), Whiting
Voting no:
Everist, Daugaard
Excused:
Moore
MOTION:
TO AMEND TITLE OF SB 175
175rta
On page
1
,
line
2 of the printed bill
,
after "
General
"
insert "
, to provide for investigation and
enforcement, and to amend investigation confidentiality requirements to allow state and federal
officials access
"
.
Moved by:
Senator Daugaard
Second by:
Senator Flowers
Action:
Prevailed by voice vote.
SB 110:
prohibit the placement of certain hazardous or injurious devices on state
lands and to provide penalties therefor.
Presented by:
Senator Hutmacher
Proponents:
John Forester, self
Opponents:
Brent Wilbur, Governor's Office
MOTION:
AMEND SB 110
110ra
On page
1
,
line
7 of the printed bill
,
after "
right-of-way.
"
insert "
A violation of this section is
a Class 1 misdemeanor.
"
.
On page
1
,
delete lines
8
to
17
, inclusive
.
On page
2
,
delete lines
1
to
16
, inclusive
.
On page
3
,
delete lines
3
to
8
, inclusive
.
Moved by:
Senator Everist
Second by:
Senator Munson (David)
Action:
Prevailed by voice vote.
MOTION:
AMEND SB 110
110rb
On page
1
,
line
4 of the printed bill
,
delete "
reckless disregard to the risk that another person will
be
"
and insert "
the intent to cause bodily injury to another person
"
.
On page
1
,
delete line
5
.
On page
1
,
line
6
,
delete "
indifference to such risk
"
.
Moved by:
Senator Munson (David)
Second by:
Senator Everist
Action:
Prevailed by voice vote.
MOTION:
DO PASS SB 110 AS AMENDED
Moved by:
Senator Daugaard
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
SB 83:
provide immunity from civil and criminal liability for the placement and use
of automated external defibrillators.
Presented by:
Senator Hainje
Proponents:
Dean Kroagman, American Heart Association
Kevin Forsch, Department of Health
Matt Moore, American Red Cross
Bruce Wessner, American Red Cross
MOTION:
AMEND SB 83
83ra
On page
1
,
line
10 of the printed bill
,
delete "
and criminal
"
.
On page
1
,
line
12
,
delete "
further
"
and insert "
such
"
.
On page
2
,
line
8
,
delete "
and criminal
"
.
On page
2
,
line
10
,
delete "
further
"
and insert "
such
"
.
On page
2
,
line
11
,
delete "
and criminal
"
.
On page
2
,
line
13
,
delete "
further
"
and insert "
such
"
.
Moved by:
Senator Munson (David)
Second by:
Senator Daugaard
Action:
Prevailed by voice vote.
MOTION:
DO PASS SB 83 AS AMENDED
Moved by:
Senator Flowers
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 101:
provide for periodic judicial review of any child in need of supervision in
the custody of the Department of Corrections.
Presented by:
Senator Rebecca Dunn
Proponents:
Deb Philips, self
Margarite Gramco, self
Lana Kendell, self
Jennifer Ring, American Civil Liberties Union of the Dakotas, (Doc#3)
Opponents:
Mike Buenger, Unified Judicial System
Cory Nelson, Department of Corrections
MOTION:
AMEND SB 101
101ra
On page
1
,
line
9 of the printed bill
,
delete "
is physically located
"
and insert "
was originally
adjudicated
"
.
Moved by:
Senator Flowers
Second by:
Senator Moore
Action:
Prevailed by voice vote.
MOTION:
DO PASS SB 101 AS AMENDED
Moved by:
Senator Moore
Second by:
Senator Dunn (Rebecca)
Action:
Was not acted on.
MOTION:
SUBSTITUTE MOTION DEFER SB 101 UNTIL another day
Moved by:
Senator Everist
Second by:
Senator Munson (David)
Action:
Prevailed by roll call vote.
(4-3-0-0)
Voting yes:
Everist, Munson (David), Daugaard, Whiting
Voting no:
Dunn (Rebecca), Flowers, Moore
MOTION:
ADJOURN
Moved by:
Senator Flowers
Second by:
Senator Everist
Action:
Prevailed by voice vote.
Ryan Olson
_________________________________
Committee Secretary
Fred Whiting, Chair
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