75th Legislative Session -- 2000
Committee: House Judiciary
Wednesday, February 16, 2000
P - Present
E - Excused
A - Absent
Roll Call
P
Duniphan
P
Earley
E
Fitzgerald
E
Koehn
P
McIntyre
P
Michels
P
Nachtigal
P
Slaughter
P
Volesky
P
Wilson
P
Young
P
Hunt, Vice-Chair
P
Brown (Jarvis), Chair
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Chair Brown
MOTION:
TO APPROVE THE MINUTES OF prior meeting
Moved by:
Representative Duniphan
Second by:
Representative Hunt
Action:
Prevailed by voice vote.
SB 192:
reenact the revised secured transactions article of the Uniform Commercial
Code.
Continued from meeting of 2-14-00.
MOTION:
SUBSTITUTE MOTION AMEND SB 192
192se
On page
35
,
between lines
9
and
10 of the printed bill
,
insert:
"
(d) A security interest in a snowmobile which attached prior to July 1, 1991, may be perfected
by notation on the certificate of title under chapter 32-3 or in accordance with the provisions of
chapter 57A-9.
"
On page
84
,
line
8
,
delete "
six-month
"
.
On page
88
,
line
12
,
after "
years
"
insert "
and, for initial financing statements filed before July 1,
1997, the effectiveness of the initial financing statement continues for a period of five years and sixty
days,
"
.
On page
94
,
delete line
14
, and insert:
On page
94
,
delete line
17
,
and insert:
On page
99
,
delete lines
1
to
9
, inclusive
.
On page
126
,
line
20
,
after "
2001
"
insert "
, and on July 1, 2001, chapter 57A-9 is repealed.
"
.
On page
132
,
delete line
5
.
Moved by:
Representative Hunt
Second by:
Representative Duniphan
Action:
Prevailed by voice vote.
MOTION:
DO PASS SB 192 AS AMENDED
Moved by:
Representative Hunt
Second by:
Representative Duniphan
Action:
Prevailed by roll call vote.
(11-0-2-0)
Voting yes:
Duniphan, Earley, McIntyre, Michels, Nachtigal, Slaughter, Volesky, Wilson,
Young, Hunt, Brown (Jarvis)
Excused:
Fitzgerald, Koehn
MOTION:
PLACE SB 192 ON CONSENT
Moved by:
Representative Duniphan
Second by:
Representative Earley
Action:
Prevailed by voice vote.
SB 195:
prohibit or restrict certain acts in relation to human embryos.
Presented by:
Rep Jay Duenwald(Doc 1)
Proponents:
Rory King, Catholic Diocese of Sioux Falls
Noel Chicoine, MD, self
Kitty Werthmann, Eagle Forum
Sunny Holloway, SD Right to Life
Opponents:
Rep Judy Clark
MOTION:
AMEND SB 195
195tb
On page
1
,
delete lines
4
to
8 of the Senate engrossed bill
, inclusive
,
and insert:
"
Section
1.
No person may knowingly conduct nontherapeutic research that destroys a human
embryo. A violation of this section is a Class 1 misdemeanor.
Section
2.
No person may knowingly conduct nontherapeutic research that subjects a human
embryo to substantial risk of injury or death. No person may sell or transfer a human embryo with
the knowledge that the embryo will be subjected to substantial risk of injury or death or with the
knowledge that the embryo will be used for nontherapeutic research that subjects the embryo to
substantial risk of injury or death. A violation of this section is a Class 1 misdemeanor.
"
On page
2
,
delete lines
3
to
5
, inclusive
.
Moved by:
Representative Volesky
Second by:
Representative Earley
Action:
Prevailed by voice vote.
MOTION:
AMEND SB 195
195rb
In Section 2 of the previous amendment (195tb), delete "substantial risk of injury or death or with
the knowledge that the embryo will be used for nontherapeutic research that subjects the embryo to
substantial risk of injury or death" and insert "nontherapeutic research".
Moved by:
Representative Wilson
Second by:
Representative Duniphan
Action:
Prevailed by voice vote.
MOTION:
DO PASS SB 195 AS AMENDED
Moved by:
Representative Hunt
Second by:
Representative Fitzgerald
Action:
Was not acted on.
MOTION:
SUBSTITUTE MOTION DEFER SB 195 UNTIL THE 36TH LEGISLATIVE
DAY
Moved by:
Representative Nachtigal
Second by:
Representative McIntyre
Action:
Failed by roll call vote.
(3-10-0-0)
Voting yes:
Koehn, McIntyre, Nachtigal
Voting no:
Duniphan, Earley, Fitzgerald, Michels, Slaughter, Volesky, Wilson, Young, Hunt,
Brown (Jarvis)
MOTION:
DO PASS SB 195 AS AMENDED
Moved by:
Representative Hunt
Second by:
Representative Fitzgerald
Action:
Prevailed by roll call vote.
(10-3-0-0)
Voting yes:
Duniphan, Earley, Fitzgerald, Michels, Slaughter, Volesky, Wilson, Young, Hunt,
Brown (Jarvis)
Voting no:
Koehn, McIntyre, Nachtigal
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.
Presented by:
Senator Ken Albers
Proponents:
Chuck Schroyer, SD States Attorney Assn
MOTION:
DO PASS SB 63
Moved by:
Representative McIntyre
Second by:
Representative Duniphan
Action:
Prevailed by roll call vote.
(12-0-1-0)
Voting yes:
Duniphan, Earley, Fitzgerald, Koehn, McIntyre, Michels, Nachtigal, Slaughter,
Volesky, Young, Hunt, Brown (Jarvis)
Excused:
Wilson
MOTION:
PLACE SB 63 ON CONSENT
Moved by:
Representative McIntyre
Second by:
Representative Duniphan
Action:
Prevailed by voice vote.
SB 161:
restrict the legal responsibility to provide financial support for certain
family members.
Presented by:
Rep Roger Hunt
Senator Eric Bogue
Opponents:
Chuck Schroyer, SD States Attorney Assn
MOTION:
DO PASS SB 161
Moved by:
Representative Volesky
Second by:
Representative Earley
Action:
Prevailed by roll call vote.
(11-1-1-0)
Voting yes:
Duniphan, Earley, Fitzgerald, McIntyre, Michels, Nachtigal, Slaughter, Volesky,
Young, Hunt, Brown (Jarvis)
Voting no:
Koehn
Excused:
Wilson
MOTION:
RECONSIDER THE VOTE BY WHICH SB 60 LOST
Moved by:
Representative Wilson
Second by:
Representative Duniphan
Action:
Prevailed by roll call vote.
(11-0-2-0)
Voting yes:
Duniphan, Earley, Fitzgerald, Koehn, McIntyre, Michels, Nachtigal, Slaughter,
Young, Hunt, Brown (Jarvis)
Excused:
Volesky, Wilson
MOTION:
SUSPEND THE RULES FOR IMMEDIATE CONSIDERATION OF SB 60
Moved by:
Representative Michels
Second by:
Representative Fitzgerald
Action:
Prevailed by roll call vote.
(11-0-2-0)
Voting yes:
Duniphan, Earley, Fitzgerald, Koehn, McIntyre, Michels, Nachtigal, Slaughter,
Young, Hunt, Brown (Jarvis)
Excused:
Volesky, Wilson
SB 60:
provide for the revocation of the driving privileges of certain persons who
are under the influence of illegal substances while driving or riding in a motor
vehicle.
Presented by:
Rep Larry Diedrich
Proponents:
Mark Hollenbeck, SD ABATE
MOTION:
DEFER SB 60 UNTIL THE 36TH LEGISLATIVE DAY
Moved by:
Representative Nachtigal
Second by:
None
Action:
Died for a lack of a second
MOTION:
AMEND SB 60
60fd
On the printed bill,
delete everything after the enacting clause and insert:
"
Section 1. That
§
32-12-11
be amended to read as follows:
32-12-11.
Any person who is at least fourteen years of age but less than eighteen years of age
applying for a South Dakota driver's license who does not currently hold a driver's license
, except
a motorcycle license,
that has been valid continuously for one hundred eighty days, shall apply to
the Department of Commerce and Regulation for an instruction permit which shall be held for a
minimum of one hundred eighty continuous days. The department may, after the applicant has
successfully passed all parts of the examination other than the driving test and paid a fee which is
equal in amount to the fee prescribed for a driver's license in
§
32-12-16, issue to the applicant an
instruction permit. The instruction permit entitles the applicant while having the permit in the
applicant's immediate possession to drive a motor vehicle upon the public highways for a period of
one year if accompanied by a licensed operator who is at least eighteen years of age, has had at least
one year of driving experience, and who is occupying a seat beside the driver. The holder of an
instruction permit may apply for a restricted permit or operator's license after holding a valid
instruction permit for one hundred eighty continuous days. A motorcycle instruction permit entitles
the holder, while having the permit in the permit holder's immediate physical possession, to operate
a motorcycle during the hours of 6 a.m. to 8 p.m. if the permit holder is accompanied by a licensed
motorcycle operator who is at least eighteen years of age, who has at least one year of driving
experience and who is driving another motorcycle along with the permit holder. No motorcycle
instruction permit holder may carry another person on the motorcycle. The permit is valid for
thirty
days
one year
. The permit may be issued only once in a one-year period.
Section 2. That
§
32-12-12
be amended to read as follows:
32-12-12.
A restricted minor's permit may be issued, upon application and payment of the proper
fee as provided for in
§
32-12-16, to a minor at least fourteen years of age but less than eighteen
years of age who has successfully passed all driver's license examination tests and completed the
requirements of an instruction permit as outlined in
§
32-12-11 and has not been convicted of a
traffic violation during the past six months. For any such minor who has successfully completed a
driver education class that has been approved by the Division of Education Services and Resources,
the required minimum time period for holding the instruction permit in order to qualify for the
restricted minor's permit is ninety continuous days. A restricted minor's permit entitles the holder,
while having the permit in immediate physical possession, to operate a motor vehicle during the
hours of 6 a.m. to 8 p.m. standard time if the motor vehicle is being operated with the permission
of the minor's parents or guardian and during the hours of 8 p.m. to 6 a.m. if the motor vehicle is
being operated under the direction of the minor's parent or guardian who is occupying a seat beside
the driver. The restrictions as to time of operation and operation under the direction of a parent or
guardian do not apply to the holder of a valid restricted minor's permit operating a self-propelled
agricultural machine which is not subject to registration under chapter 32-5.
A restricted motorcycle minor's permit may be issued, upon application and payment of the
proper fee as provided for in
§
32-12-16, to a minor at least fourteen years of age but less than
eighteen years of age who has successfully passed all driver's motorcycle license examination tests
and has not been convicted of a traffic violation during the past six months. For any minor who has
successfully completed the motorcycle safety education courses provided by
§
32-20-14 and a driver
education class that has been approved by the Division Education Services and Resources, the
required minimum time period for holding the motorcycle instruction permit to qualify for the
restricted minor's permit is thirty continuous days. A restricted motorcycle minor's permit entitles
the holder, while having the permit in immediate physical possession, to operate a motorcycle during
the hours of 6 a.m. to 8 p.m. standard time if the motorcycle is being operated with the permission
of the minor's parents or guardian.
Section 3. That
§
32-12-17
be amended to read as follows:
32-12-17.
The Department of Commerce and Regulation shall, upon payment of the fee
established by
§
32-12-16, issue to every applicant qualifying therefor an operator's license. An
operator's license may be issued to a minor at least sixteen years of age but less than eighteen years
of age who has successfully passed all driver's license examination tests and completed the
requirements of an instruction permit as provided in
§
32-12-11, if the applicant has not been
convicted of a traffic violation in the past six months, and if the applicant is not currently under
suspension, revocation, or disqualification. The license shall bear thereon a distinguishing number
assigned to the licensee, the full legal name or any name lawfully taken, date of birth, residence
address, an indication if the licensee is a donor pursuant to chapter 34-26, an indication if the
licensee as a living will pursuant to chapter 34-12D or a durable power of attorney for health care
pursuant to chapter 59-7, a color photo and a brief description of the licensee, and the licensee's
signature. The department shall indicate upon each driver's license the general class of vehicles
which the licensee may drive.
A operator's motorcycle license may be issued, upon application and payment of the proper
fee as provided for in
§
32-12-16, to a minor at least sixteen years of age but less than eighteen years
of age who has successfully passed all driver's motorcycle license examination tests and has not been
convicted of a traffic violation during the past six months. For any minor who has successfully
completed the motorcycle safety education courses provided by
§
32-20-14 and a driver education
class that has been approved by the Division Education Services and Resources, the required
minimum time period for holding the motorcycle instruction permit to qualify for the operator's
motorcycle license is thirty continuous days.
"
Moved by:
Representative Duniphan
Second by:
Representative Earley
Action:
Prevailed by voice vote.
MOTION:
DO PASS SB 60 AS AMENDED
Moved by:
Representative Duniphan
Second by:
Representative Earley
Action:
Prevailed by roll call vote.
(13-0-0-0)
Voting yes:
Duniphan, Earley, Fitzgerald, Koehn, McIntyre, Michels, Nachtigal, Slaughter,
Volesky, Wilson, Young, Hunt, Brown (Jarvis)
MOTION:
TO AMEND TITLE OF SB 60
60ftb
On page
1
,
line
1 of the printed bill
,
delete everything after "
to
"
and insert "
revise the provisions
for motorcycle instruction permits and to provide for the issuance of restricted motorcycle minor's
permits.
"
.
On page
1
,
delete lines
2
and
3
.
Moved by:
Representative Duniphan
Second by:
Representative Earley
Action:
Prevailed by voice vote.
MOTION:
ADJOURN
Moved by:
Representative Duniphan
Second by:
Representative Earley
Action:
Prevailed by voice vote.
James Wosepka
_________________________________
Committee Secretary
Jarvis W. Brown, Chair
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