81st Legislative Session _ 2006

Committee: Senate Judiciary
Friday, February 03, 2006

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Gray
P    Knudson
P    Koetzle
P    Koskan
P    Moore
P    Schoenbeck, Vice-Chair
P    Abdallah, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Senator Gene G. Abdallah, Chair

MOTION:     TO APPROVE THE MINUTES OF WEDNESDAY, FEBRUARY 1, 2006

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

MOTION:     CONFIRM APPOINTMENT OF DEBRA C. FLUTE, ROBERTS COUNTY, SOUTH DAKOTA, TO THE BOARD OF PARDONS AND PAROLES

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

Voting Yes:    Gray, Koetzle, Koskan, Abdallah

Excused:    Knudson, Moore, Schoenbeck

         HB 1086: restrict the rights of certain sex offenders related to adoption or visitation of children.

Presented by:    Representative Mary Glenski
        Senator Jim Peterson
Proponents:    Dianna Miller, SD Network Against Family Violence & Sexual Assault
        Ellen Bergman, SD Family Policy Council
        Travis Benson, Catholic Diocese of Sioux Falls, Sioux Falls

MOTION:     DO PASS HB 1086

Moved by:    Koetzle
Second by:    Gray
Action:    Prevailed by roll call vote.(5-0-2-0)

Voting Yes:    Gray, Koetzle, Koskan, Moore, Abdallah

Excused:    Knudson, Schoenbeck

         HB 1147: revise certain eligibility restrictions related to secondary school extracurricular activities.

Presented by:    Representative Casey Murschel
        Senator Lee Schoenbeck
Proponents:    Dianna Miller, ESD + 6
        Terrance Dosch, SD Council of Substance Abuse Directors
        Chuck Schroyer, SD States Attorneys Assn.
        John Brown, SD High School Activities Assn.
        Susan Randall, SD Voices For Children
        Roger Tellinghuisen, SD Trial Lawyers Association
Opponents:    Brent Wilbur, Governor's Office

MOTION:     AMEND HB 1147

1147cb
     On page 2, line 6 of the printed bill, overstrike " while that person is attending " and insert " at ".

     On page 2 , line 9, overstrike " enrolled " and insert " participating in any extracurricular activity ".

     On page 2 , line 12, delete " enrolled " and insert " participating in any extracurricular activity ".

Moved by:    Schoenbeck


Second by:    Knudson
Action:    Prevailed by voice vote.

MOTION:     AMEND HB 1147

1147ra
     On page 1, line 10 of the printed bill, after " conviction, " insert " diversion, ".

Moved by:    Schoenbeck
Second by:    Knudson
Action:    Prevailed by voice vote.

MOTION:     DO PASS HB 1147 AS AMENDED

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

Voting Yes:    Gray, Knudson, Koetzle, Moore, Schoenbeck, Abdallah

Voting No:    Koskan

MOTION:     REMOVE SB 138 FROM THE TABLE

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

Voting Yes:    Gray, Koetzle, Moore, Schoenbeck, Abdallah

Voting No:    Knudson

Excused:    Koskan

         SB 138:  revise certain provisions regarding the appointment of an agent to receive any legal process.

Presented by:    Roger Tellinghuisen, SD Trial Lawyers Association

MOTION:     AMEND SB 138


138ob
     On the printed bill, delete everything after the enacting clause and insert:

"      Section 1. That § 15-7-6 be amended to read as follows:

     15-7-6.   The use and operation by a resident of this state or his the resident's agent, or by a nonresident or his the nonresident's agent of a motor vehicle within the State of South Dakota, shall be deemed an irrevocable appointment by such the resident or his the resident's agent when he the resident has been absent from this state continuously for six months thirty days or more following a motor vehicle accident, or by such the nonresident or his the nonresident's agent at any time, of the secretary of state of South Dakota to be his or her true and lawful attorney upon whom may be served all legal process in any action or proceeding against him the resident or nonresident or his or her personal representative growing out of such use and operation of a motor vehicle within this state, resulting in damages or loss to person or property, whether the damage or loss occurs on a highway or on abutting public or private property. Such The appointment is binding upon the nonresident's personal representative. Such The use or operation of a motor vehicle by such the resident or nonresident is a signification of his the resident's or nonresident's agreement that any such process in any action against him the resident or nonresident or his or her personal representative which is so served, shall be of the same legal force and validity as if served upon him the resident or nonresident personally or on his the resident's or nonresident's personal representative. "


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

MOTION:     TO AMEND TITLE OF SB 138

138ota
     On page 1, line 1 of the printed bill, delete everything after " to " and insert "revise certain provisions regarding the appointment of an agent to receive any legal process.".

     On page 1 , delete lines 2 and 3 .

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

MOTION:     DEFER SB 138 UNTIL WEDNESDAY, FEBRUARY 8, 2006

Moved by:    Moore


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

Voting Yes:    Gray, Knudson, Koetzle, Moore, Schoenbeck, Abdallah

Excused:    Koskan

MOTION:     ADJOURN

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

Rena Ortbahn

____________________________

Committee Secretary
Gene G. Abdallah, Chair


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