75th Legislative Session -- 2000
Committee: Senate Judiciary
Friday, February 4, 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 Flowers
Second by:
Senator Dunn (Rebecca)
Action:
Prevailed by voice vote.
** A briefing was given by Attorney General Mark Barnett, concerning a pending U.S.
Justice Department investigation.
MOTION:
TO REMOVE SB 70 FROM TABLE WHICH HAD BEEN DEFERRED TO 36TH
DAY
Moved by:
Senator Flowers
Second by:
Senator Moore
Action:
Prevailed by voice vote.
MOTION:
AMEND SB 70
0000fd
On the ______________ bill,
delete everything after the enacting clause and insert:
"
Section 1. That
§
32-6B-5
be amended to read as follows:
32-6B-5.
The following persons are exempt from the provisions of this chapter:
(1)
Any employee of any person licensed as a vehicle dealer if engaged in the specific
performance of the employee's duties;
(2)
Any financial institution chartered or licensed in any other jurisdiction that acquires
vehicles as an incident to its regular business and sells such vehicles to dealers licensed
under this chapter;
(3)
Any nonprofit automobile club if selling automobiles twenty years old or older under the
provisions of chapter 32-3;
(4)
Any person acting as an auctioneer if auctioning South Dakota titled vehicles for a
licensed dealer or a person who is exempt from the provisions of this chapter;
(5)
Any person engaged in the business of manufacturing or converting new vehicles if
selling such vehicles to a licensed dealer holding a franchise from the original
manufacturer of the vehicle;
(6)
Any person engaged in the business of manufacturing or customizing motorcycles may
display but may not sell any motorcycles at an event, if the event lasts three or more days
and if the person registers with and purchases a permit from the Department of Revenue
at least five days before the event. The person shall pay a fee of one hundred
fifty
dollars
for a ten-day temporary permit
. However, if the permit is purchased at least five days
before the event, the person shall pay a fee of one hundred dollars for the ten-day
temporary permit
;
(7)
Any person engaged in the business of manufacturing trailers may display but may not sell
any trailers at an event, if the event lasts three or more days and if the person registers
with and purchases a permit from the Department of Revenue at least five days before the
event. The person shall pay a fee of
fifty
seventy-five
dollars for a ten-day temporary
permit
. However, if the permit is purchased at least five days before the event, the person
shall pay a fee of fifty dollars for the ten-day temporary permit
;
(8)
Any person may sell motorcycles at an event, if the event lasts three or more days and if
the person registers and purchases a permit from the Department of Revenue at least five
days before the event. Before issuance of a permit, the applicant must provide proof they
are a licensed dealer in their own state and have no outstanding dealer violations. The
permit will only be issued if the motorcycles being sold are not franchised in this state.
The person shall pay a fee of
two
three
hundred dollars for a ten-day temporary permit
.
However, if the permit is purchased at least five days before the event, the person shall
pay a fee of two hundred dollars for the ten-day temporary permit
;
(9)
Any person may sell trailers at an event, if the event lasts three or more days and if the
person registers and purchases a permit from the Department of Revenue at least five days
before the event. Before issuance of a permit, the applicant must provide proof they are
a licensed dealer in their own state and have no outstanding dealer violations. The permit
will only be issued if the trailers being sold are not franchised in this state. The person
shall pay a fee of
one
two
hundred and
fifty
twenty-five
dollars for a ten-day temporary
permit. However, regardless of whether or not there is a franchise in this state, any person
may display a trailer at such an event
. However, if the permit is purchased at least five
days before the event, the person shall pay a fee of one hundred fifty dollars for the ten-
day temporary permit
;
(10)
Any person not engaged in the sale of vehicles as a business and is disposing of vehicles
used solely for personal use if the vehicles were acquired and used in good faith and not
for the purpose of avoiding the provisions of this chapter;
(11)
Any person not engaged in the sale of vehicles as a business who operates fleets of
vehicles and is disposing of vehicles used in the person's business if the same were
acquired and used in good faith and not for the purpose of avoiding the provisions of this
chapter;
(12)
Any person who sells less than five vehicles in a twelve-month period, unless the person
is licensed as a dealer in another state or holds himself or herself out as being in the
business of selling vehicles. However, if the vehicles are travel trailers, any person who
sells less than three travel trailers in a twelve-month period;
(13)
Any public officer while performing the officer's official duties;
(14)
Any receiver, trustee, administrator, executor, guardian, or other person appointed by or
acting under the judgment or order of any court;
(15)
Any regulated lenders as that term is defined in
§
54-3-14, any insurance company
authorized to do business in this state or any financing institution as defined in and
licensed pursuant to chapter 54-7 that acquires vehicles as an incident to its regular
business;
(16)
Any towing agency that acquires and sells a vehicle which has been towed at the request
of a private landowner under the provision of chapter 32-36 or at the request of a law
enforcement officer, if no vehicle is sold for an amount over two hundred dollars; and
(17)
Any vehicle rental and leasing company that sells its used vehicles to dealers licensed
under this chapter.
"
Moved by:
Senator Flowers
Second by:
Senator Moore
Action:
Was not acted on.
SB 20:
provide for the crime of identity theft.
Presented by:
Charlie McGuigan, Attorney General's office
Proponents:
David Owen, South Dakota Chamber of Commerce (Doc#1)
Dan Nelson, Sioux Falls Chamber of Commerce
MOTION:
AMEND SB 20
20ra
On page
1
,
line
11 of the printed bill
,
after "
certificate
"
insert "
or passport
"
.
On page
1
,
line
13
,
after "
security
"
insert "
or other taxpayer identification
"
.
On page
2
,
line
1
,
after "
numbers
"
insert "
, passwords, or challenge questions
"
.
On page
2
,
line
1
,
delete "
or
"
.
On page
2
,
between lines
1
and
2
,
insert:
"
(9) User names or identifications;
(10) Biometric data; or
"
.
On page
2
,
line
2
,
delete "
(9)
"
and insert "
(11)
"
.
Moved by:
Senator Munson (David)
Second by:
Senator Moore
Action:
Prevailed by voice vote.
MOTION:
DO PASS SB 20 AS AMENDED
Moved by:
Senator Moore
Second by:
Senator Daugaard
Action:
Prevailed by roll call vote.
(7-0-0-0)
Voting yes:
Dunn (Rebecca), Everist, Flowers, Moore, Munson (David), Daugaard, Whiting
SB 195:
prohibit or restrict certain acts in relation to human embryos.
Presented by:
Senator Lawler (Doc#2)
Proponents:
Roy King, Catholic Diocese
Kelly Krizan, Self
MOTION:
AMEND SB 195
195jc
On page
1
,
line
5 of the printed bill
,
after "
.
"
insert "
A violation of this section is a Class 1
misdemeanor.
"
.
On page
1
,
line
7
,
after "
.
"
insert "
A violation of this section is a Class 1 misdemeanor.
"
.
On page
1
,
line
9
,
after "
.
"
insert "
A violation of this section is a Class 1 misdemeanor.
"
.
On page
1
,
after line
16
,
insert:
"
Section 6. For the purposes of this Act, the terms, knowingly destroy and knowingly subject,
include the sale or transfer of human embryos with the knowledge that the embryos will be
destroyed, subjected to risk of injury, or used for research purposes, in violation of this Act.
"
Moved by:
Senator Munson (David)
Second by:
Senator Moore
Action:
Prevailed by voice vote.
MOTION:
DO PASS SB 195 AS AMENDED
Moved by:
Senator Dunn (Rebecca)
Second by:
Senator Munson (David)
Action:
Prevailed by roll call vote.
(7-0-0-0)
Voting yes:
Dunn (Rebecca), Everist, Flowers, Moore, Munson (David), Daugaard, Whiting
SB 100:
provide that certain minors in the custody of the Department of
Corrections be segregated from others.
** Continued from Wednesday, February 2nd.
Presented by:
Senator Rebecca Dunn (Doc#3)
Opponents:
Cory Nelson, Department of Corrections
Terry Dosch, Council of Mental Health
MOTION:
SUBSTITUTE MOTION AMEND SB 100
100oa
On page
1
,
line
6 of the printed bill
,
after "
in the
"
insert "
physical
"
.
On page
1
,
line
13
,
after "
children.
"
insert "
The provisions of this Act do not apply to children
in need of supervision while in any mental health program, chemical dependency treatment program,
or private sector placement.
"
.
Moved by:
Senator Dunn (Rebecca)
Second by:
Senator Flowers
Action:
Prevailed by voice vote.
MOTION:
DEFER SB 100 UNTIL THE 36TH LEGISLATIVE DAY
Moved by:
Senator Everist
Second by:
Senator Munson (David)
Action:
Was not acted on.
MOTION:
SUBSTITUTE MOTION DO PASS SB 100 AS AMENDED
Moved by:
Senator Moore
Second by:
Senator Dunn (Rebecca)
Action:
Prevailed by roll call vote.
(4-3-0-0)
Voting yes:
Dunn (Rebecca), Flowers, Moore, Whiting
Voting no:
Everist, Munson (David), Daugaard
SB 108:
provide for DNA testing for certain inmates for the purposes of
determining whether they may have been wrongfully convicted.
Presented by:
Senator Staggers
Proponents:
Jennifer Ring, American Civil Liberties of the Dakotas
MOTION:
AMEND SB 108
108ja
On page
1
,
line
5 of the printed bill
,
delete everything after "
may
"
and insert "
petition a court
of competent jurisdiction to order deoxyribonucleic acid (DNA) testing on evidence relevant to that
person's case and on a sample drawn from that person. The court shall schedule a hearing on the
petition within one hundred twenty days. The court on hearing the petition shall consider:
(1) The likelihood of sufficient DNA being recovered from the evidence to generate a
sufficient sample for testing; and
(2) The likelihood that the results of DNA testing, if results match the DNA of the petitioner,
would, if introduced at trial, produce sufficient reasonable doubt to prevent conviction.
If the court finds sufficient evidence, it shall order DNA testing to be done at the state's
expense. The sample from the petitioner shall be collected by a health professional licensed or
certified to do so. The sample from the evidence shall be collected by a competent professional. If
the court determines that the results of testing, if introduced at trial, might reasonably produce
sufficient doubt regarding the petitioner's guilt or result in a reversal of the petitioner's conviction,
the court shall immediately order a trial de novo. If the petitioner is reconvicted and that conviction,
if appealed, is upheld, the petitioner shall reimburse the state for the costs of the services and
testing.
"
.
On page
1
,
delete lines
6
to
12
, inclusive
.
On page
1
,
between lines
12
and
13
,
insert:
"
Section 2. Any court or law enforcement agency of the state shall preserve any DNA evidence
in its possession that it knows or should know exists, if that evidence is relevant to any conviction
of murder or of any felony under chapter 22-22. No court or law enforcement agency needs to
preserve DNA evidence if the conviction has been overturned and the state has exhausted its appeals
or declined to appeal, the convicted person has completed the sentence and has not indicated any
intention to appeal, or the convicted person has died without filing an appeal.
"
Moved by:
Senator Munson (David)
Second by:
Senator Flowers
Action:
Prevailed by voice vote.
MOTION:
AMEND SB 108
108ra
That the previously adopted committee amendments be expunged.
On page
1
,
line
5 of the printed bill
,
delete everything after "
may
"
and insert "
petition a court
of competent jurisdiction to order deoxyribonucleic acid (DNA) testing on evidence relevant to that
person's case and on a sample drawn from that person. The court shall schedule a hearing on the
petition within one hundred twenty days. The court on hearing the petition shall consider:
(1) The likelihood of sufficient DNA being recovered from the evidence to generate a
sufficient sample for testing; and
(2) The likelihood that the results of DNA testing, if results do not match the DNA of the
petitioner, would, if introduced at trial, produce sufficient reasonable doubt to prevent
conviction.
If the court finds sufficient evidence, it shall order DNA testing to be done at the state's
expense. The sample from the petitioner shall be collected by a health professional licensed or
certified to do so. The sample from the evidence shall be collected by a competent professional. If
the court determines that the results of testing, if introduced at trial, might reasonably produce
sufficient doubt regarding the petitioner's guilt or result in a reversal of the petitioner's conviction,
the court shall immediately order a trial de novo. If the test results do not result in a new trial or if
the petitioner is reconvicted and that conviction, if appealed, is upheld, the petitioner shall reimburse
the state for the costs of the services and testing.
"
.
On page
1
,
delete lines
6
to
12
, inclusive
.
On page
1
,
between lines
12
and
13
,
insert:
"
Section 2. Any court or law enforcement agency of the state shall preserve any DNA evidence
in its possession that it knows or should know exists, if that evidence is relevant to any conviction
of murder or of any felony under chapter 22-22. No court or law enforcement agency needs to
preserve DNA evidence if the conviction has been overturned and the state has exhausted its appeals
or declined to appeal, the convicted person has completed the sentence and has not indicated any
intention to appeal, or the convicted person has died without filing an appeal.
"
Moved by:
Senator Munson (David)
Second by:
Senator Dunn (Rebecca)
Action:
Prevailed by voice vote.
MOTION:
DO PASS SB 108 AS AMENDED
Moved by:
Senator Daugaard
Second by:
Senator Munson (David)
Action:
Prevailed by roll call vote.
(6-0-1-0)
Voting yes:
Dunn (Rebecca), Flowers, Moore, Munson (David), Daugaard, Whiting
Excused:
Everist
SB 163:
establish guidelines for the management and use of investments held by
certain eleemosynary institutions and funds.
Presented by:
Jeremiah Murphy, Self
MOTION:
DO PASS SB 163
Moved by:
Senator Munson (David)
Second by:
Senator Daugaard
Action:
Prevailed by roll call vote.
(6-0-1-0)
Voting yes:
Dunn (Rebecca), Flowers, Moore, Munson (David), Daugaard, Whiting
Excused:
Everist
MOTION:
PLACE SB 163 ON CONSENT
Moved by:
Senator Flowers
Second by:
Senator Dunn (Rebecca)
Action:
Prevailed by voice vote.
MOTION:
ADJOURN
Moved by:
Senator Daugaard
Second by:
Senator Flowers
Action:
Prevailed by voice vote.
Ryan Olson
_________________________________
Committee Secretary
Fred Whiting, Chair
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