75th Legislative Session -- 2000

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 Chair Whiting

          SB 161:   restrict the legal responsibility to provide financial support for certain family members.

Presented by:      Senator Bogue
Opponents:      Chuck Schroyer, State's Attorney Association

MOTION:      RECONSIDER SB 161 WHICH HAD BEEN DEFERRED TO 36TH DAY

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

MOTION:      AMEND SB 161

161sa

     On the printed bill, delete everything after the enacting clause and insert:

"      Section 1. That § 25-7-27 be amended to read as follows:

     25-7-27.   Every Any adult child, having the financial ability so to do so, shall provide necessary food, clothing, shelter , or medical attendance for a parent who is unable to provide for himself; provided that oneself. However, no claim shall may be made against such adult child until notice has

been given such adult child the adult child is given written notice that his the child's parent is unable to provide for himself oneself , and such adult child shall have has refused to provide for his the child's parent. Notice required by this section shall be given within ninety days after the necessary food, clothing, shelter, or medical attendance was first provided for the parent. However, in the case of fraud or misrepresentation, notice shall be provided within ninety days after such fraud or misrepresentation is known or should have been known. If the parent or someone acting on behalf of the parent makes application for assistance pursuant to chapter 28-13, the county shall give the written notice required herein within ninety days after it receives the application of notice required under §  28-13-1, 28-13-32.3, 28-13-32.4, or 28-13-34.1, whichever is sooner. "

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

MOTION:      DO PASS SB 161 AS AMENDED

Moved by:      Senator Daugaard
Second by:      Senator Munson (David)
Action:      Failed by roll call vote.   (3-3-1-0)

Voting yes:      Munson (David), Daugaard, Whiting

Voting no:      Dunn (Rebecca), Flowers, Moore

Excused:      Everist

MOTION:      DEFER SB 161 UNTIL THE 36TH LEGISLATIVE DAY

Moved by:      Senator Flowers
Second by:      Senator Dunn (Rebecca)
Action:      Failed by roll call vote.   (3-3-1-0)

Voting yes:      Dunn (Rebecca), Flowers, Moore

Voting no:      Munson (David), Daugaard, Whiting

Excused:      Everist

MOTION:      DEFER SB 161 UNTIL 22nd day

Moved by:      Senator Daugaard
Second by:      Senator Munson (David)
Action:      Failed by roll call vote.   (3-3-1-0)

Voting yes:      Munson (David), Daugaard, Whiting

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Voting no:      Dunn (Rebecca), Flowers, Moore

Excused:      Everist

MOTION:      DO PASS SB 161 AS AMENDED

Moved by:      Senator Munson (David)
Second by:      Senator Daugaard
Action:      Prevailed by roll call vote.   (4-3-0-0)

Voting yes:      Everist, Munson (David), Daugaard, Whiting

Voting no:      Dunn (Rebecca), Flowers, Moore

          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.

Chair was turned over to Daugaard.

Presented by:      Senator Whiting
Proponents:      Gary Viken, Department of Revenue
          Jeff Fox, HyVee
          Jerry Wheeler, South Dakota Retailers Association
          Bill Mikkleson, South Dakota Highway Patrol
          Tim Doherty, South Dakota Retail Liqours Association
          Dawna Leitzke, South Dakota Petroleum Marketers Assn.

MOTION:      AMEND SB 142

142ra

     On page 2 , line 25 of the printed bill , delete " order the revocation of the defendant's driving privilege for a further " .

     On page 3 , line 1 , delete " period not to exceed one year or " .

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

MOTION:      DO PASS SB 142 AS AMENDED

Moved by:      Senator Munson (David)
Second by:      Senator Everist
Action:      Was not acted on.

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MOTION:      SUBSTITUTE MOTION AMEND SB 142

142rb

     On page 2 , line 23 of the printed bill , after " attendance " insert " at school or " .

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

MOTION:      DO PASS SB 142 AS AMENDED

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

Chair was turned back over to Whiting.

          SB 86:   provide for the issuance of a temporary permit during a suspension of a restricted minor's permit to drive under certain conditions.

Presented by:      Senator Madden
Opponents:      Cindy Gerber, Director of Drivers Licensing

MOTION:      RECONSIDER SB 86 WHICH HAD BEEN DEFERRED TO 36TH DAY

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

MOTION:      AMEND SB 86

86oa

     On the printed bill, delete everything after the enacting clause and insert:

     Section  1.  That § 32-12-15 be amended to read as follows:

     32-12-15.   The issuance of an instruction permit or restricted minor's permit is on a probationary basis. The Department of Commerce and Regulation on the receipt of a record of conviction for a traffic violation classified as a felony or Class 1 misdemeanor, prior to the minor's sixteenth birthday,

shall suspend the minor's driving privileges until the minor's sixteenth birthday or as otherwise required by law. Upon the receipt of a record of conviction prior to the minor's sixteenth birthday of any other traffic violation, the department shall suspend an instruction permit or restricted minor's permit for a period of thirty days for a first violation. No permit may be suspended for a first violation of §  32-14-9.1, 32-21-27, 32-25-5, 32-26-6, 32-26-25, 32-26-40, 32-30-20, or 34A-7-7, for a first violation of § §   32-26-17 to 32-26-20, inclusive, or for a first violation of §  32-25-1.1 or 32- 25-7 that is ten miles per hour or less over the speed limit. A second conviction for a traffic violation committed prior to the minor's sixteenth birthday or a conviction for a violation of an instruction permit or restricted minor's permit committed prior to the minor's sixteenth birthday shall result in revocation of the minor's driving privileges until the minor's sixteenth birthday or for a period of ninety days, whichever period is longer, or as otherwise required by law. If a minor has no instruction permit or restricted minor's permit and is convicted of any traffic violation prior to the minor's sixteenth birthday, the department shall suspend or revoke the minor's driving privilege or privilege to apply for a permit or license as provided in this section. Any traffic violation which occurs prior to the issuance of an instruction permit or restricted minor's permit or an operator's license shall be placed on the driving record and given the same consideration as any violation which occurs following the issuance of an instruction permit, restricted minor's permit, or an operator's license.

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

MOTION:      DO PASS SB 86 AS AMENDED

Moved by:      Senator Flowers
Second by:      Senator Everist
Action:      Prevailed by roll call vote.   (6-1-0-0)

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

Voting no:      Dunn (Rebecca)

MOTION:      TO AMEND TITLE OF SB 86

86ot

     On page 1 , line 1 of the printed bill , delete everything after " to " and insert " exempt certain traffic violations from the requirement that a restricted minor's permit be suspended. " .

     On page 1 , delete line 2 .

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

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          SB 70:   allow motor vehicle ownership to be transferred to a designated beneficiary in the event that the owner dies.

Comments:     SB 70 had been voted on and passsed in the previous meeting to be reconsidered          For this meeting.

Presented by:      Senator Flowers
Proponents:      Deb Hillmer, Director of Motor Vehicles

MOTION:      AMEND SB 70

0000fd

     On the printed 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:      Prevailed by voice vote.

MOTION:      DO PASS SB 70 AS AMENDED

Moved by:      Senator Everist
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

MOTION:      TO AMEND TITLE OF SB 70

0000ftd

     On page 1 , line 1 of the printed bill , delete everything after " to " and insert " provide for the assessment of a higher fee for a vehicle dealer license permit purchased beyond the five-day requirement. " .

     On page 1 , delete line 2.

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

          HB 1195:   restrict contact between defendant and victim after the commission of assault or stalking.

Presented by:      Representative Wilson
Proponents:      Deb Aiden, Director of Rape and Victims Program
          Mark Smith, Hughes County States Attorney

MOTION:      DO PASS HB 1195

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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

          HB 1136:   prohibit the keeping of a place where marijuana is used or distributed.

Presented by:      Representative Sebert
Proponents:      Chuck Schroyer, State's Attorney Association
          Bill Mikkleson, South Dakota Highway Patrol

MOTION:      DO PASS HB 1136

Moved by:      Senator Daugaard
Second by:      Senator Munson (David)
Action:      Was not acted on.

MOTION:      SUBSTITUTE MOTION DEFER HB 1136 UNTIL THE 36TH LEGISLATIVE DAY

Moved by:      Senator Moore
Second by:      Senator Dunn (Rebecca)
Action:      Prevailed by roll call vote.   (4-3-0-0)

Voting yes:      Dunn (Rebecca), Everist, Flowers, Moore

Voting no:      Munson (David), Daugaard, Whiting

MOTION:      ADJOURN

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

Ryan Olson

Committee Secretary