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

MOTION:      TO APPROVE THE MINUTES OF last meeting

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

          HB 1174:   revise the provisions on the liability of adjoining property owners for failure to repair or maintain sidewalks.



The Chair deferred HB 1174 until Wednesday, February 16th.

          HB 1111:   prohibit an adult from purchasing alcoholic beverages for anyone under the age of twenty-one and to establish a penalty.

Presented by:      Jerry Wheeler, South Dakota Retailer's Association

MOTION:      TO TABLE HB 1111

Moved by:      Senator Everist
Second by:      None
Action:      Died for a lack of a second

MOTION:      AMEND HB 1111

1111rc

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     On page 1 , line 6 of the House engrossed bill , delete " Class 2 " and insert " Class 1 " .

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

MOTION:      DO PASS HB 1111 AS AMENDED

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

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

Excused:      Moore

          HB 1112:   authorize a merchant to detain certain persons who are under legal age and who have illegally purchased, attempted to purchase, or possess alcoholic beverages or tobacco products.

Presented by:      Jerry Wheeler, South Dakota Retailers Association
Proponents:      Representative Hunt

MOTION:      DO PASS HB 1112

Moved by:      Senator Moore
Second by:      Senator Munson (David)
Action:      Prevailed by roll call vote.   (5-2-0-0)

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

Voting no:      Dunn (Rebecca), Everist

          HB 1055:   provide for the finalization of proceedings for termination of parental rights under certain circumstances.

Presented by:      Representative Hunt

MOTION:      DO PASS HB 1055

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

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

Voting no:      Dunn (Rebecca)

          HB 1167:   create a rebuttable presumption that the removal of certain property from the state without payment constitutes theft.

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Presented by:      Representative Napoli

MOTION:      DO PASS HB 1167

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

Voting yes:      Flowers, Moore, Munson (David)

Voting no:      Dunn (Rebecca), Everist, Whiting

Excused:      Daugaard

MOTION:      DEFER HB 1167 UNTIL THE 36TH LEGISLATIVE DAY

Moved by:      Senator Everist
Second by:      Senator Dunn (Rebecca)
Action:      Failed by voice vote.

MOTION:      DO PASS HB 1167

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

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

Voting no:      Dunn (Rebecca), Everist, Whiting

          HB 1138:   revise the purposes for which a change of venue may be granted in an administrative appeal to the circuit court.

Presented by:      Patricia de Hueck, Self
Proponents:      Senator Bogue

MOTION:      DO PASS HB 1138

Moved by:      Senator Moore
Second by:      Senator Flowers
Action:      Prevailed by roll call vote.   (5-1-1-0)

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

Voting no:      Dunn (Rebecca)

Excused:      Daugaard

          HB 1238:   provide that a temporary restraining order may extend beyond thirty days in certain circumstances.

Presented by:      Jeff Fox, Network Against Domestic Violence

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MOTION:      DO PASS HB 1238

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

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

Excused:      Moore

MOTION:      PLACE HB 1238 ON CONSENT

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

          HB 1165:   revise the elements of the crime of bigamy.

Presented by:      Representative Koen

MOTION:      AMEND HB 1165

1165ra

     On page 1 , line 5 of the printed bill , delete " knowing that he or she is legally married to another presently " .

     On page 1 , line 6 , delete " living person " .

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

MOTION:      AMEND HB 1165

1165rc

     On page 1 , line 15 of the printed bill , delete " previously " and insert " presently " .

     On page 1 , line 16 , delete " previous " .

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

MOTION:      AMEND HB 1165

1165rb

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     On page 1 , delete line 7 of the printed bill , and insert:

"

             (1)    Any person who was previously married and , whose husband or wife by that former "

     On page 1 , line 8 , overstrike " marriage " .

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

MOTION:      AMEND HB 1165

1165rd

     On page 1 , delete line 10 of the printed bill , and insert:

"

             (2)    Any person who was previously married and , whose husband or wife by that former "

     On page 1 , line 11 of the printed bill , overstrike " marriage " .

     On page 1 , delete line 13 of the printed bill , and insert:

"

             (3)    Any person who was previously married and , whose marriage has been pronounced "

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

MOTION:      DO PASS HB 1165 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), Everist, Flowers, Munson (David), Daugaard, Whiting

Excused:      Moore

MOTION:      PLACE HB 1165 ON CONSENT

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

          HB 1284:   include vehicular battery as an offense for which the statutory presumptions arising from a chemical analysis of bodily fluids apply.

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Presented by:      Chuck Schroyer, South Dakota States Attorney Association

MOTION:      DO PASS HB 1284

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

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

Voting no:      Moore

          HB 1285:   clarify that a person arrested for the offenses of vehicular battery or vehicular homicide may be required to submit to a withdrawal of bodily substances for chemical analysis.

Presented by:      Chuck Schroyer, South Dakota States Attorney Association

MOTION:      DEFER HB 1285 UNTIL THE 36TH LEGISLATIVE DAY

Moved by:      Senator Moore
Second by:      Senator Everist
Action:      Failed by roll call vote.   (3-4-0-0)

Voting yes:      Everist, Flowers, Moore

Voting no:      Dunn (Rebecca), Munson (David), Daugaard, Whiting

MOTION:      DO PASS HB 1285

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

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

Voting no:      Everist, Flowers, Moore

MOTION:      ADJOURN

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

Ryan Olson

Committee Secretary