76th Legislative Session _ 2001

Committee: Senate Judiciary
Wednesday, January 17, 2001

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Bogue
P    de Hueck
P    Hainje
P    Koetzle
P    Moore
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 FRIDAY, JANUARY 12, 2001

Moved by:    Koetzle
Second by:    Hainje
Action:    Prevailed by voice vote.

          SB 1: require written informed consent before genetic testing.

The Chair deferred SB 1 until Friday, January 19, 2001.

         SB 2: prohibit employers from obtaining, seeking, or using genetic information.

Presented By:    Senator Cheryl Madden
Proponents:    Deb Fleming, AARP
Opponents:    David Owen, South Dakota Chamber of Commerce and Industry
        Dick Tieszen, South Dakota Self-Insured Employers
        Jim Hood, South Dakota Retailers Association


MOTION:     AMEND SB 2

2jb
     On page 1, line 9 of the printed bill, after " employee. " insert "However, it is not an unlawful employment practice for an employer to seek to obtain, to obtain, or to use genetic information pursuant to a criminal investigation or for an employer to seek to obtain, to obtain, or to use otherwise lawfully obtained genetic information.".

Moved by:    Hainje
Second by:    Moore
Action:    Prevailed by voice vote.

 MOTION:     AMEND SB 2

2
     That the previously adopted amendment, 2jb, be rescinded.

Moved by:    de Hueck
Second by:    Koetzle
Action:    Prevailed by voice vote.

 MOTION:     DO PASS SB 2

Moved by:    Koetzle
Second by:    de Hueck
Action:    Was not acted on.

 MOTION:     SUBSTITUTE MOTION AMEND SB 2

2rb
     On page 1, line 6 of the printed bill, after " employer " insert ", knowingly or intentionally".

Moved by:    Moore
Action:    Failed for lack of a second.

 MOTION:     SUBSTITUTE MOTION AMEND SB 2

2ra
     On page 1, line 11 of the printed bill, delete " The court may award reasonable " .

     On page 1 , delete lines 12 and 13 .

Moved by:    Bogue
Second by:    de Hueck
Action:    Failed by roll call vote.(3-4-0-0)

Voting Yes:    Bogue, Hainje, Daugaard

Voting No:    de Hueck, Koetzle, Moore, Whiting

 MOTION:     DO PASS SB 2

Moved by:    Koetzle
Second by:    de Hueck
Action:    Prevailed by roll call vote.(6-1-0-0)

Voting Yes:    de Hueck, Hainje, Koetzle, Moore, Daugaard, Whiting

Voting No:    Bogue

          SB 70: require certain statistics regarding traffic law enforcement to be collected and maintained.

Presented By:    Senator Ron Volesky
Proponents:    Jennifer Ring, ACLU of the Dakotas
        Nick Braune, Elhi-Center Project
        Representative Jim Bradford
Opponents:    Charles McGuigan, South Dakota Attorney General's Office
        Dick Tieszen, South Dakota Sheriff's Association and South Dakota Chief of Police Association

MOTION:     AMEND SB 70

70ra
     On page 2, line 19 of the printed bill, delete " unless any of those " and insert "or where the law enforcement activity".

     On page 2 , line 20, delete " stops " .

Moved by:    Koetzle
Second by:    Hainje
Action:    Prevailed by voice vote.

 MOTION:     AMEND SB 70

70rb
     On page 2, line 20 of the printed bill, delete " arrest, or any other activity described in subdivisions " and insert "or arrest.".

     On page 2 , delete line 21 .

Moved by:    Daugaard
Second by:    Hainje
Action:    Prevailed by voice vote.

 MOTION:     REFER TO Appropriations

Moved by:    Bogue
Second by:    Hainje
Action:    Was not acted on.

 MOTION:     SUBSTITUTE MOTION DEFER SB 70 UNTIL FRIDAY, JANUARY 19, 2001

Moved by:    de Hueck
Second by:    Moore
Action:    Prevailed by voice vote.

Voting No:    Bogue

          SB 22: allow for the additional public distribution of sex offender information.

The Chair deferred SB 22 until Friday, January 26, 2001.

MOTION:     ADJOURN

Moved by:    Koetzle
Second by:    Daugaard
Action:    Prevailed by voice vote.


Nancy Benson

____________________________

Committee Secretary
Fred C. Whiting, Chair

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