76th Legislative Session _ 2001

Committee: Senate Judiciary
Wednesday, February 07, 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 THE PREVIOUS MEETING

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

          HB 1032: revise certain provisions relating to child support.

The Chair deferred HB 1032 until Friday, February 9.

         SB 187: revise certain provisions relating to comparative negligence.

Presented By:    Rex Hagg, S.D. Trial Lawyers Association
Opponents:    Ron Schmidt, American Insurance Association
        Dick Tieszen, Self-Insured Employers of S.D. and State Farm Insurance Companies
        Dan Nelson, Sioux Falls Area Chamber of Commerce

        Ron Olinger, S.D. Retailers Association
        Dick Gregerson, S.D. Chamber of Commerce and Industry

MOTION:     DO PASS SB 187

Moved by:    Koetzle
Second by:    Bogue
Action:    Prevailed by roll call vote.(5-1-1-0)

Voting Yes:    Bogue, Koetzle, Moore, Daugaard, Whiting

Voting No:    Hainje

Excused:    de Hueck

         HB 1060: revise the method for and the limitations on imposition of various civil damages for unlawfully taking wild animals.

Presented By:    Dave McCrea, Department of Game, Fish and Parks (Document 1)

MOTION:     AMEND HB 1060

1060rc
     On page 1, line 12 of the House Judiciary Committee engrossed bill, after " game " insert " bird ".

     On page 2 , line 4, after " game " insert " bird ".

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

 MOTION:     DO PASS HB 1060 AS AMENDED

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

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

Excused:    de Hueck


MOTION:     PLACE HB 1060 ON CONSENT

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

          HB 1075: modify certain procedures for grand jury returns.

Presented By:    D.J. Hanson, Unified Judicial System

MOTION:     AMEND HB 1075

1075rc
     On page 1, line 10 of the House Judiciary Committee engrossed bill, delete " in the absence " .

     On page 1 , line 11, delete " of a circuit court judge, " .

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

 MOTION:     DO PASS HB 1075 AS AMENDED

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

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

 MOTION:     PLACE HB 1075 ON CONSENT

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

          HB 1079: determine the venue of the offense of underage possession or consumption of alcoholic beverages.

Presented By:    Dallas Johnson, Unified Judicial System
Proponents:    Chuck Schroyer, S.D. States Attorneys Association


MOTION:     DO PASS HB 1079

Moved by:    Moore
Second by:    Daugaard
Action:    Was not acted on.

MOTION:     SUBSTITUTE MOTION AMEND HB 1079

1079rb
     On page 2, after line 7 of the House Judiciary Committee engrossed bill, insert:

"

     However, no transfer to the juvenile's county of residence may occur unless the state's attorney of the juvenile's county of residence affirmatively consents to the transfer.".

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

 MOTION:     DO PASS HB 1079 AS AMENDED

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

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

          HB 1077: permit the court to impose certain costs and fees as part of the disposition for a child adjudicated as a child in need of supervision.

Presented By:    Dallas Johnson, Unified Judicial System

MOTION:     AMEND HB 1077

1077rc
     On page 3, line 14 of the House Judiciary Committee engrossed bill, delete " tax " and insert " charge ".

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

 MOTION:     DO PASS HB 1077 AS AMENDED

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

Voting Yes:    Bogue, Hainje, Daugaard, Whiting

Voting No:    de Hueck, Koetzle, Moore

          SB 203: clarify the responsibilities of foster parents in regard to foster children.

Presented By:    Senator Bogue
Proponents:    Neil Fulton, Governor's Office
        Virgena Wieseler, Department of Social Services
        Cory Nelson, Department of Corrections

MOTION:     AMEND SB 203

203ra
     On page 1, line 7 of the printed bill, after " vehicle. " insert "No costs or fees may be charged or assessed against a foster parent as a result of a foster child in their care being adjudicated under §  26- 8B-6 or 26-8C-7.".

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

 MOTION:     DO PASS SB 203 AS AMENDED

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

MOTION:     ADJOURN

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

Rhonda Purkapile

____________________________

Committee Secretary
Fred C. Whiting, Chair

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