75th Legislative Session -- 2000
Committee: Senate Judiciary
Monday, January 31, 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 Moore
Action:
Prevailed by voice vote.
SB 161:
restrict the legal responsibility to provide financial support for certain
family members.
Presented by:
Senator Bogue
Opponents:
Chuck Schroyer, Self
MOTION:
AMEND SB 161
161ja
On page
1
,
line
12 of the printed bill
,
after "
child
"
insert "
or to a trust or similar legal device
that the adult child is the beneficiary of
"
.
On page
1
,
line
16
,
delete "
thirty
"
and insert "
ninety
"
.
On page
1
,
line
17
,
after "
parent.
"
insert "
However, in the case of fraud or misrepresentation,
notice shall be given within ninety days after such fraud or misrepresentation is known or should
have been known.
"
.
Moved by:
Senator Everist
Second by:
Senator Moore
Action:
Prevailed by voice vote.
MOTION:
DEFER SB 161 UNTIL THE 36TH LEGISLATIVE DAY
Moved by:
Senator Moore
Second by:
Senator Dunn (Rebecca)
Action:
Prevailed by roll call vote.
(5-1-1-0)
Voting yes:
Dunn (Rebecca), Flowers, Moore, Daugaard, Whiting
Voting no:
Munson (David)
Excused:
Everist
SB 190:
allow the electronic storage of public records.
Presented by:
Otto Doll, Bureau of Administrative Telecommunications
MOTION:
DO PASS SB 190
Moved by:
Senator Munson (David)
Second by:
Senator Flowers
Action:
Prevailed by roll call vote.
(5-1-1-0)
Voting yes:
Flowers, Moore, Munson (David), Daugaard, Whiting
Voting no:
Dunn (Rebecca)
Excused:
Everist
SB 179:
raise the minimum age regulating the purchase and sale of tobacco
products.
Presented by:
Senator Daugaard
Proponents:
Charles Poppin, Self (Doc#1)
Robert Roby, American Lung Association
Daniel Wiltgen, Self
Opponents:
Jerry Wheeler, South Dakota Retailers Association
Ron Olinger, United States Tobacco Incorporated
Jeremiah Murphy, Lorillard Cigarettes
MOTION:
DO PASS SB 179
Moved by:
Senator Daugaard
Second by:
Senator Dunn (Rebecca)
Action:
Was not acted on.
MOTION:
SUBSTITUTE MOTION AMEND SB 179
179ra
On page
1
,
line
7 of the printed bill
,
delete "
nineteen
"
and insert "
thirty
"
.
On page
1
,
line
9
,
delete "
nineteen
"
and insert "
thirty
"
.
On page
1
,
line
16
,
delete "
nineteen
"
and insert "
thirty
"
.
On page
2
,
line
10
,
delete "
nineteen
"
and insert "
thirty
"
.
On page
2
,
line
14
,
delete "
nineteen
"
and insert "
thirty
"
.
On page
2
,
line
21
,
delete "
nineteen
"
and insert "
thirty
"
.
Moved by:
Senator Moore
Second by:
Senator Flowers
Action:
Failed by roll call vote.
(2-5-0-0)
Voting yes:
Flowers, Moore
Voting no:
Dunn (Rebecca), Everist, Munson (David), Daugaard, Whiting
MOTION:
DO PASS SB 179
Moved by:
Senator Daugaard
Second by:
Senator Dunn (Rebecca)
Action:
Failed by roll call vote.
(3-4-0-0)
Voting yes:
Dunn (Rebecca), Daugaard, Whiting
Voting no:
Everist, Flowers, Moore, Munson (David)
MOTION:
DEFER SB 179 UNTIL THE 36TH LEGISLATIVE DAY
Moved by:
Senator Moore
Second by:
Senator Everist
Action:
Prevailed by roll call vote.
(5-2-0-0)
Voting yes:
Everist, Flowers, Moore, Munson (David), Whiting
Voting no:
Dunn (Rebecca), Daugaard
SB 117:
prohibit strip-searches for violations of curfew.
Presented by:
Senator Staggers (Doc#2)
MOTION:
AMEND SB 117
117jb
On page
1
,
line
3 of the printed bill
,
delete everything after "
person
"
and insert "
under the age
of eighteen detained solely for a curfew violation may be strip-searched.
"
.
Moved by:
Senator Moore
Second by:
Senator Munson (David)
Action:
Prevailed by voice vote.
MOTION:
SUBSTITUTE MOTION AMEND SB 117
117ra
On page
1
,
line
3 of the printed bill
,
delete everything after "
person
"
and insert "
under the age
of eighteen detained, in a facility, solely for a curfew violation, may be strip-searched.
"
.
Moved by:
Senator Daugaard
Second by:
Senator Dunn (Rebecca)
Action:
Withdrawn.
MOTION:
DO PASS SB 117 AS AMENDED
Moved by:
Senator Dunn (Rebecca)
Second by:
Senator Flowers
Action:
Prevailed by roll call vote.
(7-0-0-0)
Voting yes:
Dunn (Rebecca), Everist, Flowers, Moore, Munson (David), Daugaard, Whiting
SB 174:
revise certain provisions regarding the administration of trusts and estates.
Presented by:
Dave Knudson, Self (Doc#3)
MOTION:
DO PASS SB 174
Moved by:
Senator Everist
Second by:
Senator Moore
Action:
Prevailed by roll call vote.
(6-0-1-0)
Voting yes:
Dunn (Rebecca), Everist, Moore, Munson (David), Daugaard, Whiting
Excused:
Flowers
MOTION:
PLACE SB 174 ON CONSENT
Moved by:
Senator Everist
Second by:
Senator Moore
Action:
Prevailed by voice vote.
SB 140:
increase certain liquidated court costs for indigent defense.
Presented by:
Tom Barnett, South Dakota State Bar
MOTION:
DO PASS SB 140
Moved by:
Senator Moore
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 142:
change the penalties for the sale or purchase of alcoholic beverages
involving persons under the age of twenty-one and to provide for the revocation of
driving privileges upon conviction.
The Chair deferred SB 142 until Wednesday, February 2nd.
MOTION:
ADJOURN
Moved by:
Senator Daugaard
Second by:
Senator Everist
Action:
Prevailed by voice vote.
Ryan Olson
_________________________________
Committee Secretary
Fred Whiting, Chair
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