P - Present
Roll Call
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Chair McCaulley
MOTION:
TO APPROVE THE MINUTES OF FEBRUARY 6, 2004
E - Excused
A - Absent
P Cutler
P Deadrick (Thomas)
P Engels
P Gillespie
P Hanson
P Hennies
P Madsen
P Murschel
P O'Brien
P Peterson (Jim)
P Sebert
P Michels, Vice-Chair
P McCaulley, Chair
Moved by: Hanson
Second by: Engels
Action: Prevailed by voice vote.
HB 1158: prohibit the taking of certain pictures of another without that person's
consent.
Presented by: Representative Joni Cutler
Proponents: Chuck Schroyer, SD States Attorneys Assn.
Dick Tieszen, SD Sheriffs
MOTION:
DO PASS HB 1158
Moved by: Michels
Second by: Hanson
Action: Prevailed by roll call vote.(12-0-1-0)
Voting Yes: Cutler, Deadrick (Thomas), Engels, Gillespie, Hanson, Hennies, Madsen, Murschel,
O'Brien, Peterson (Jim), Michels, McCaulley
Excused: Sebert
MOTION:
PLACE HB 1158 ON CONSENT CALENDAR
Moved by: Madsen
Second by: Hanson
Action: Prevailed by voice vote.
HB 1271: limit the use of irreconcilable differences as a ground for divorce.
Presented by: Representative Daryl Christensen
Proponents: Rob Regier, SD Family Council, Sioux Falls
Dr. Victoria Gerhart, self, Sioux Falls
Ed Irvin, Newhaven, Sioux Falls
Steve Sibson, self, Sioux Falls
Kitty Werthmann, Eagle Forum
Opponents: Thomas Barnett Jr., State Bar Of SD
Susan Randall, SD Coalition For Children
Roger Tellinghuisen, SD Trial Lawyers Association
Greg Brewers, SD Advocacy Network
MOTION:
AMEND HB 1271
"
Section 1. No divorce may be granted for the cause of irreconcilable differences if the parties to
the divorce are expecting a child or are parents to any child under eighteen years of age, unless the
parties to the divorce undertake, within sixty days after the filing of the petition, counseling
education classes focusing on the current and future potential negative impact on children of divorce.
Each judicial district shall certify approved courses for parties required to participate in a course
under this section. Approved courses may include those provided by a public or private entity.
Section 2. Any person providing the counseling education classes shall use curriculum that
focuses specifically on the negative impact of divorce on children. The person providing the
counseling education classes shall provide the participating party with a certificate of completion or
a letter of verification or some other written documentation indicating successful completion of the
counseling education classes. The person providing counseling education classes shall also provide
to the party a list of resources for mental health counseling, marital counseling, child counseling, and
other support services that may be available in the community to the party and the party's children.
Section 3. Each party undertaking a counseling education class as required by section 1 of this
Act is responsible for arranging for participation in the course and for payment of the costs of
participation in the course.
Section 4. An action for divorce or separate maintenance may not be heard, tried, or determined
by the court until at least sixty days have elapsed from the completed service of the counseling
education class required by section 1 of this Act.
Section 5. The court may not require the counseling education classes prescribed by section 1
of this Act if the court finds any of the following:
Moved by: Madsen
Second by: Gillespie
Action: Prevailed by voice vote.
MOTION:
DO PASS HB 1271 AS AMENDED
Moved by: Sebert
Second by: Hennies
Action: Was not acted on.
MOTION:
SUBSTITUTE MOTION DEFER HB 1271 TO THE 36TH LEGISLATIVE DAY
Moved by: Gillespie
Second by: Engels
Action: Prevailed by roll call vote.(8-5-0-0)
Voting Yes: Cutler, Engels, Gillespie, Hanson, Madsen, Murschel, O'Brien, Michels
Voting No: Deadrick (Thomas), Hennies, Peterson (Jim), Sebert, McCaulley
HB 1273: allow emergency medical technicians to be included in peer review
committees.
Presented by: Representative Tim Rave
Proponents: Dave Gerdes, SD State Medical Assn.
Tom Dravland, Secretary Public Services
Dave Hewitt, SDAHO
MOTION:
AMEND HB 1273
"
Section 1. That chapter 36-4B be amended by adding thereto a NEW SECTION to read as
follows:
Section 3. That chapter
36-4B
be amended by adding thereto a NEW SECTION to read as
follows:
Section 4. That chapter
36-4B
be amended by adding thereto a NEW SECTION to read as
follows:
Moved by: Michels
Second by: Cutler
Action: Prevailed by voice vote.
MOTION:
DO PASS HB 1273 AS AMENDED
Moved by: Hennies
Second by: Sebert
Action: Prevailed by roll call vote.(10-1-2-0)
Voting Yes: Cutler, Gillespie, Hanson, Hennies, Murschel, O'Brien, Peterson (Jim), Sebert,
Michels, McCaulley
Voting No: Engels
Excused: Deadrick (Thomas), Madsen
HB 1282: prohibit recovery based on claims resulting from weight gain, obesity, or
any health conditions relating to weight gain, obesity, or cumulative consumption.
Presented by: Representative Matt McCaulley
Proponents: Mark Hollenbeck, SD Stockgrowers
Brenda Forman, SD Assn. Of Cooperatives
The Chair deferred HB 1282 until February 9, 2004.
HB 1292: implement the federal Indian Child Welfare Act.
Presented by: Representative Ryan Olson
Proponents: Representative Thomas Hennies
MOTION:
REMOVE HB 1292 FROM THE TABLE
Moved by: Cutler
Second by: Deadrick (Thomas)
Action: Prevailed by roll call vote.(13-0-0-0)
Voting Yes: Cutler, Deadrick (Thomas), Engels, Gillespie, Hanson, Hennies, Madsen, Murschel,
O'Brien, Peterson (Jim), Sebert, Michels, McCaulley
MOTION:
AMEND HB 1292
"
Section 1. If any person is arrested for a violation of
§
32-23-1 and if the arresting officer has
probable cause to believe that the driver's conduct directly endangered the life of any child under the
age of thirteen, either in the driver's or in another motor vehicle, or in the immediate vicinity, the
arresting officer shall request and the arrested driver shall submit to a withdrawal of blood or urine
to determine the presence and concentration of alcohol or other drugs or substances.
Section 2. Nothing in section 1 of this Act restricts the right of any person to an independent
chemical analysis pursuant to subdivision 32-23-10(3).
Section 3. No person may operate any motor vehicle either while driving under the influence or
driving recklessly, if, by so doing, the driver's conduct directly endangers the life of any child under
the age of thirteen, either in the driver's or in another motor vehicle, or in the immediate vicinity.
Moved by: Deadrick (Thomas)
Second by: Hennies
Action: Prevailed by voice vote.
MOTION:
AMEND THE AMENDMENT
Diane Mellan