75th Legislative Session -- 2000

Committee: Senate Judiciary

Wednesday, February 9, 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 Daugaard
Action:      Prevailed by voice vote.

          SB 63:   clarify that the locality in which a person is apprehended for underage possession or consumption of alcoholic beverages has jurisdiction over the offense.



MOTION:      DO PASS SB 63

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

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

Excused:      Everist

          SB 175:   establish the Division of Antitrust Enforcement within the Office of the Attorney General, to provide for investigation and enforcement, and to amend

investigation confidentiality requirements to allow state and federal officials access.

Presented by:      Senator Hutmacher
Proponents:      Phil Cyre, South Dakota Farmers Union
          Attorney General Mark Barnett

MOTION:      AMEND SB 175

175re

     On the Senate Judiciary committee engrossed bill, delete everything after the enacting clause and insert:

"     Section 1. The Office of the Attorney General may cooperate with any federal or state investigation of potential antitrust violations and unfair business practices. However, the Office of the Attorney General may not initiate any antitrust investigation or enforcement action unless the attorney general determines that the Legislature has specifically authorized such investigation or enforcement action or has appropriated sufficient moneys and employees to accomplish such purposes. "



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

MOTION:      SUBSTITUTE MOTION AMEND SB 175

175rd

     On page 2 , after line 19 of the Senate Judiciary committee engrossed bill , insert:

"      Section 5. Three million dollars ($3,000,000) of general funds, or the existing portion thereof, of personal services budgeted in Chapter 19 of the 1999 South Dakota Session Laws, not expended by June 30, 2000, shall be transferred and is hereby appropriated to the Office of the Attorney General for the staffing and operations of the Division of Antitrust Enforcement through the fiscal year beginning July 1, 2000. The division is authorized ten full time equivalent positions. "



Moved by:      Senator Moore
Second by:      Senator Flowers
Action:      Failed by voice vote.

MOTION:      TO TABLE SB 175

Moved by:      Senator Flowers
Second by:      Senator Dunn (Rebecca)
Action:      Prevailed by roll call vote.   (5-2-0-0)

Voting yes:      Dunn (Rebecca), Flowers, Moore, Daugaard, Whiting

Voting no:      Everist, Munson (David)

          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
          Jennifer Ring, American Civil Liberties of the Dakotas
Opponents:      Cory Nelson, Department of Corrections

MOTION:      DEFER SB 101 UNTIL THE 36TH LEGISLATIVE DAY

Moved by:      Senator Everist
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

MOTION:      SUBSTITUTE MOTION DO PASS SB 101

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

Voting yes:      Dunn (Rebecca), Flowers, Moore

Voting no:      Everist, Munson (David), Daugaard, Whiting

          SB 68:   reduce the level of blood alcohol that is permitted to determine if a person is driving under the influence.

Presented by:      Senator Rebecca Dunn
Opponents:      Frank Brady, Anheuser Busch (Doc#1)
          Jerry Wheeler, South Dakota Retailers Association
          Tim Doherty, South Dakota Retail Liquor Dealer's Association

MOTION:      DO PASS SB 68

Moved by:      Senator Dunn (Rebecca)
Second by:      None
Action:      Died for a lack of a second

MOTION:      DEFER SB 68 UNTIL THE 36TH LEGISLATIVE DAY

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

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

Voting no:      Dunn (Rebecca)

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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