100th Legislative Session – 2025

Minutes: Senate Judiciary Thursday, January 16, 2025 8:00 AM

Roll Call

Present: Sen. Pischke, Sen. Duhamel, Sen. Mehlhaff, Sen. Grove, Sen. Blanc, Sen. Hulse, and Sen. Wheeler

The meeting was called to order by Senator Wheeler

INFORMATIONAL BRIEFING

Marty Jackley Attorney General

INFORMATIONAL BRIEFING

Kellie Wasko Department of Corrections - HO#1

SB 5 : permit a sheriff to charge a fee for satisfied or unsatisfied service of process.

Presented by: Senator Helene Duhamel (Handout(s) HO#2)

Proponents: Representative Tim Walburg

Brian Mueller, Pennington County Sheriffs Office, Rapid City

Chris Hislip, Pennington County Sheriffs Office, Rapid City

Sam Matson, South Dakota Association of County Commissioners, PIERRE

Joe Bosman, Minnehaha County Sheriff's Office, Sioux Falls

Patrick Callahan, Hughes County Sheriff, Pierre

Staci Ackerman, South Dakota Sheriffs' Association, Eureka

Opponents: Dean Krogman, South Dakota Collectors Association, Brookings

MOTION: AMEND SB 5

5A

On page 1, line 1, of the Introduced bill, after "for" delete " satisfied or unsatisfied"

On page 1, line 2, of the Introduced bill, after "process" insert ", whether service is completed or not"

On page 1, line 10, of the Introduced bill, delete " satisfied" and insert " service is completed"

On page 1, line 12, of the Introduced bill, after "process" insert " to be"

On page 1, line 13, of the Introduced bill, after "served" insert " or attempted to be served"

On page 3, line 5, of the Introduced bill, delete " are" and insert " must be"

Moved by: Mehlhaff

Second by: Pischke

Action: Prevailed by voice vote

MOTION: DO PASS SB 5 AS AMENDED

Moved by: Mehlhaff

Second by: Grove

Action: Prevailed by Majority Members Elect (7-0-0-0)

Voting Yes: Pischke, Duhamel, Mehlhaff, Grove, Blanc, Hulse, and Wheeler

MOTION: ADJOURN

Moved by: Pischke

Second by: Mehlhaff

Action: Prevailed by voice vote

Doug Mortenson, Committee Secretary

/s/ DAVID WHEELER

David Wheeler, Chair

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