Senate Judiciary Minutes 02/04/2002 10:00 AM

77^th Legislative Session _ 2002

Committee: Senate Judiciary

Monday, February 04, 2002

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Bogue
A    de Hueck
P    Koetzle
P    Koskan
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 FEBRUARY 1, 2002

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

         SB 140: revise certain provisions governing trusts.

Presented By:    David L. Knudson, Chairperson, Governor's Task Force on Trust Administration Review and Reform (Document #1)
Proponents:    Bob Sutton, South Dakota Bankers Association

MOTION:     DO PASS SB 140

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

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

Absent:    de Hueck

MOTION:     PLACE SB 140 ON CONSENT

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

         HB 1224: prohibit interference with the use of communication devices to summon aid to an emergency.

Presented By:    Representative Jean Hunhoff
Proponents:    Matt Theophilus, Deputy Minnehaha State's Attorney
        Jeff Fox, SD Network Against Family Violence
        Chuck Schroyer, SD States Attorneys Assn

MOTION:     DO PASS HB 1224

Moved by:    Moore
Second by:    Daugaard
Action:    Prevailed by roll call vote.(4-2-0-1)

Voting Yes:    Koetzle, Moore, Daugaard, Whiting

Voting No:    Bogue, Koskan

Absent:    de Hueck

         SB 141: authorize total return unitrusts.

Presented By:    David L. Knudson, Chairperson, Governor's Task Force on Trust Administration Review and Reform (Document #2)
Proponents:    Bob Sutton, SD Bankers Association

MOTION:     AMEND SB 141

On page 5 of the printed bill, delete line 18 , and insert "of the two preceding valuation years;".

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

MOTION:     DO PASS SB 141 AS AMENDED

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

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

Absent:    de Hueck

MOTION:     PLACE SB 141 ON CONSENT

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

         SB 142: allow certain trusts to be shareholders in certain professional organizations.

Presented By:    David L. Knudson, Chairperson, Governor's Task Force on Trust Administration Review and Reform (Document #3)

MOTION:     DO PASS SB 142

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

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

Absent:    de Hueck

MOTION:     PLACE SB 142 ON CONSENT

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

         HB 1131: provide for civil recovery of unpaid property and services.

Presented By:    Senator Royal McCracken
Proponents:    Dawna Leitzke, lobbyist, SD Petroleum & Propane Marketers Assn (Document #4)
        Richard Tieszen, lobbyist, SD Sheriff's Assn and SD Chief of Police Assn
        Jerry Wheeler, lobbyist, SD Retailers Assn
        Jim Carpenter, SD Highway Patrol

MOTION:     DO PASS HB 1131

Moved by:    Moore
Second by:    Daugaard
Action:    Prevailed by roll call vote.(4-2-0-1)

Voting Yes:    Koetzle, Moore, Daugaard, Whiting

Voting No:    Bogue, Koskan

Absent:    de Hueck

         HB 1170: provide certain provisions regarding assaults against law enforcement personnel and to provide a criminal penalty therefor.

Presented By:    Representative Alice McCoy
Proponents:    Charles McGuigan, Attorney General's Office

MOTION:     AMEND HB 1170

On page 1, line 4 of the House Judiciary Committee engrossed bill, after " causes " insert "human".

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

MOTION:     AMEND HB 1170

On page 1, line 5 of the House Judiciary Committee engrossed bill, delete " a law enforcement " and insert "any emergency service provider".

On page 1 , line 6, delete " officer as defined in subdivision 22-1-2(22) " .

Moved by:    Koetzle
Action:    Died for a lack of a second

MOTION:     DO PASS HB 1170 AS AMENDED

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

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

Voting No:    Koetzle

Absent:    de Hueck

         HB 1180: increase the amount of the lien that is permitted on the parents of a minor child for whom legal counsel has been provided.

Presented By:    Senator Jerry Apa
Proponents:    Richard L. Sattgast, SD Association of County Officials
        Representative Julie Bartling
Opponents:    Lori Rumbolz, self, Mitchell
        Susan Randall, SD Coalition for Children

MOTION:     AMEND HB 1180

On page 1 of the House Local Government Committee engrossed bill, delete line 12 , and insert "may not exceed one thousand five hundred dollars plus an amount equal to any taxable court costs. ".

On page 2 , line 10, delete everything before " . " and insert "exceed one thousand five hundred dollars plus an amount equal to any taxable court costs ".

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

MOTION:     DO PASS HB 1180 AS AMENDED

Moved by:    Bogue
Second by:    Koetzle
Action:    Prevailed by roll call vote.(3-2-0-0)

Voting Yes:    Koskan, Daugaard, Whiting

Voting No:    Koetzle, Moore

         HB 1189: establish the crime of air piracy.

Presented By:    Representative Hal Wick

MOTION:     AMEND HB 1189

On page 1 of the House Judiciary Committee engrossed bill, delete lines 11 to 13 , inclusive.

On page 2 , delete lines 1 to 3 , inclusive.

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

MOTION:     TO AMEND TITLE OF HB 1189

On page 1, line 1 of the House Judiciary Committee engrossed bill, delete " and to increase the " and insert ".".

On page 1 , delete line 2 .

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

MOTION:     DO PASS HB 1189 AS AMENDED

Moved by:    Bogue

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

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

Absent:    de Hueck

MOTION:     ADJOURN

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

Nancy Benson

____________________________

Committee Secretary

Fred C. Whiting, Chair

../02041000.SJU