Senate Judiciary Minutes 02/02/2001 10:00 AM

76^th Legislative Session _ 2001

Committee: Senate Judiciary

Friday, February 02, 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 WEDNESDAY, JANUARY 31, 2001

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

The Chair deferred SB 187 until Monday, February 5, 2001.

         SB 142: establish an ombudsman to represent youth offenders.

Proponents:    Jennifer Ring, ACLU of the Dakotas (document #2)
Opponents:    Lynne Valenti, Department of Human Services (Document #1)

MOTION:     DEFER SB 142 TO THE 41^ST LEGISLATIVE DAY

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

Voting Yes:    Bogue, Hainje, Daugaard, Whiting

Voting No:    de Hueck, Koetzle, Moore

         SB 149: revise certain provisions related to the housing of prisoners from other jurisdictions.

Presented By:    Senator Marguerite Kleven
Proponents:    Ross Merwin, Sheriff, Meade County

MOTION:     DO PASS SB 149

Moved by:    Hainje
Second by:    Bogue
Action:    Prevailed by roll call vote.(7-0-0-0)

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

MOTION:     PLACE SB 149 ON CONSENT

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

         SB 167: provide for enhanced penalties if child abuse results in serious bodily injury to a child.

Presented By:    Senator Dennis Daugaard
Proponents:    Dave Nelson, Minnehaha County States Attorney and South Dakota State Attorneys Association
        Jeff Fox, Siouxland Child Protection
        Virginia Wieseler, Department of Social Services

MOTION:     DO PASS SB 167

Moved by:    Bogue
Second by:    Hainje
Action:    Prevailed by roll call vote.(7-0-0-0)

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

SB 189: provide for certain penalties for leaving a gasoline station before making payment on motor fuel.

MOTION:     DEFER SB 189 TO THE 41^ST LEGISLATIVE DAY

Moved by:    Bogue
Second by:    de Hueck
Action:    Prevailed by roll call vote.(7-0-0-0)

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

         SB 154: define the practice of law and to increase the penalty for practicing without a license.

Presented By:    Senator Eric Bogue
Proponents:    Tom Barnett, South Dakota Bar Association
        Bob Riter, self, Pierre
        Dean Krogman, South Dakota Realtors Association
        Rex Hagg, South Dakota Trial Lawyers Association

MOTION:     AMEND SB 154

On page 3, line 6 of the printed bill, after " law " insert ";

(9) Preparing documents authorized by subdivision 36-21A-71(24) or completing forms or providing assistance to another to complete forms associated with real estate transactions approved by the South Dakota Real Estate Commission pursuant to chapter 36-21A, including agency agreements, management agreements, and purchase agreements, if done by a licensee in good standing under chapter 36-21A".

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

MOTION:     DO PASS SB 154 AS AMENDED

Moved by:    Koetzle
Second by:    Bogue
Action:    Prevailed by roll call vote.(7-0-0-0)

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

         SB 155: revise certain provisions concerning the termination of life estates and joint tenancies.

Presented By:    Senator Eric Bogue
Proponents:    Tom Barnett, South Dakota Bar Association

MOTION:     AMEND SB 155

On page 2 of the printed bill, delete lines 13 to 24 , inclusive.

Delete pages 3 to 8 .

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

MOTION:     DO PASS SB 155 AS AMENDED

Moved by:    Moore
Second by:    de Hueck
Action:    Prevailed by roll call vote.(7-0-0-0)

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

         SB 188: revise the time period when a garnishee summons and affidavit is served on the defendant.

Presented By:    Senator Eric Bogue
Proponents:    Dean Krogman, South Dakota Collectors Association
        Greg Adamson, South Dakota Collectors Association and self

MOTION:     DO PASS SB 188

Moved by:    Moore
Second by:    Hainje
Action:    Prevailed by roll call vote.(7-0-0-0)

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

MOTION:     PLACE SB 188 ON CONSENT

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

         SB 123: adopt the Uniform Partnership Act and to repeal conflicting provisions.

Presented By:    Senator Eric Bogue
Proponents:    Tom Barnett, South Dakota Bar Association

MOTION:     DO PASS SB 123

Moved by:    de Hueck
Second by:    Hainje
Action:    Prevailed by roll call vote.(7-0-0-0)

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

         SB 250: provide that taking money or property from patients or inmates by certain institution employees constitutes theft.

Presented By:    Senator Bogue
Proponents:    Laurie Feiler, Department of Corrections
        John Jones, Department of Human Services

MOTION:     AMEND SB 250

On page 1, line 6 of the printed bill, after " patient " insert ", juvenile,".

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

MOTION:     DO PASS SB 250 AS AMENDED

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

Voting Yes: Bogue, Moore, Daugaard, Whiting

Voting No: de Hueck, Hainje, Koetzle

The Chair deferred SB 203 until another day.

MOTION:     ADJOURN

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

____________________________

Committee Secretary Fred C. Whiting, Chair

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