80
th Legislative Session _ 2005
Committee: House Judiciary
Monday, January 31, 2005
P - Present
E - Excused
A - Absent
Roll Call
P Gillespie
P Haley
P Hennies
P Jensen
P Michels
E Murschel
P O'Brien
P Roberts
P Sebert
P Tornow
P Van Norman
P Hunt, Vice-Chair
P Cutler, Chair
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Chair Cutler
MOTION:
TO APPROVE THE MINUTES OF JANUARY 28, 2005
Moved by: Haley
Second by: Hunt
Action: Prevailed by voice vote.
HB 1011: establish a program of recoveries and fraud investigations in the
Department of Social Services.
Presented by: Deb Bowman, Dept of Social Services
Proponents: Dan Todd, Dept of Social Services
MOTION:
AMEND HB 1011
1011rc
On page
1,
line 6 of the printed bill,
delete "
establish
"
and insert "have".
On page
1
,
line 10,
delete "
or may be
"
.
On page
1
,
line 14,
delete "
state and local
"
.
On page
1
,
line 14,
after "
record
"
insert "related to residence, household composition,
employment, finances and resources, and medical records as authorized by the Health Insurance
Portability and Accountability Act of 1996 (HIPAA), PL 104-199, as amended through January 1,
2005,".
On page
2
,
line 1,
after "
information;
"
insert "and".
On page
2
,
delete lines
2 and 3
.
On page
2
,
line 4,
delete "
(5)
"
and insert "(4)".
On page
2
,
line 7,
delete "
established pursuant to this Act
"
.
On page
2
,
after line 15, insert:
"
Section 4. The secretary of the Department of Social Services shall annually report to the
Governor and the Legislature concerning the activities of the program including the number and type
of cases investigated, the outcome of such investigations, and costs and expenditures incurred during
such investigations.".
Moved by: Jensen
Second by: Roberts
Action: Prevailed by voice vote.
MOTION:
DO PASS HB 1011 AS AMENDED
Moved by: Hennies
Second by: Hunt
Action: Prevailed by roll call vote.(11-0-2-0)
Voting Yes: Gillespie, Haley, Hennies, Jensen, Michels, O'Brien, Roberts, Sebert, Tornow, Hunt,
Cutler
Excused: Murschel, Van Norman
HB 1012: establish certain penalties for the unauthorized acquisition or transfer of
food stamp benefits.
Presented by: Deb Bowman, Dept of Social Services
Proponents: Dan Todd, Dept of Social Services
MOTION:
AMEND HB 1012
1012ra
On page
1,
line 8 of the printed bill,
after "
it
"
insert "in exchange for anything of value".
On page
1
,
delete line
13
, and insert "for anything of value;".
On page
2
,
line 1,
delete "
a value of two hundred
"
and insert "an EBT card value of one
thousand".
On page
2
,
line 3,
delete "
a value of more than two hundred
"
and insert "an EBT card value of
more than one thousand".
On page
2
,
line 4,
after "
felony.
"
insert "Amounts involved in the acquisition or transfer of EBT
cards in violation of subdivisions (1) and (2) of section 1 of this Act, committed pursuant to one
scheme or course of conduct in any twelve-month period, may be aggregated in determining the
degree of the offense.".
Moved by: Michels
Second by: Hunt
Action: Prevailed by voice vote.
MOTION:
DO PASS HB 1012 AS AMENDED
Moved by: Michels
Second by: Sebert
Action: Prevailed by roll call vote.(11-0-2-0)
Voting Yes: Gillespie, Haley, Hennies, Jensen, Michels, O'Brien, Roberts, Sebert, Tornow, Hunt,
Cutler
Excused: Murschel, Van Norman
HB 1174: prohibit the endangerment of any child by means of reckless driving or
driving under the influence and to provide penalties therefor.
Presented by: Representative Mike Buckingham
Proponents: Sandra Potter, Self, Custer, SD
Elmer Humphry, Self, Custer, SD
The Chair deferred HB 1174 until Wednesday, February 2, 2005.
HB 1164: revise certain provisions regarding the allowance for support when a
divorce is granted.
Presented by: Representative Burt Elliott
Opponents: Caitlin Collier, SDCADVSA
Tom Barnett, State Bar Association
Greg Brewers, SD Advocacy Network
Roger Tellinghuisen, SD Trial Lawyers Association
MOTION:
DEFER HB 1164 TO THE 41
ST LEGISLATIVE DAY
Moved by: Roberts
Second by: Jensen
Action: Prevailed by roll call vote.(12-0-1-0)
Voting Yes: Gillespie, Haley, Hennies, Jensen, Michels, O'Brien, Roberts, Sebert, Tornow, Van
Norman, Hunt, Cutler
Excused: Murschel
HB 1138: provide for the establishment of certain honorary trusts and trusts for
domestic animals.
Presented by: Representative Burt Elliott
MOTION:
DEFER HB 1138 TO THE 41
ST LEGISLATIVE DAY
Moved by: Hennies
Second by: Sebert
Action: Prevailed by roll call vote.(9-3-1-0)
Voting Yes: Gillespie, Hennies, Jensen, O'Brien, Roberts, Sebert, Tornow, Hunt, Cutler
Voting No: Haley, Michels, Van Norman
Excused: Murschel
HB 1178: provide a means to correct errors or omissions made to recorded plats.
Presented by: Representative Tim Rounds
MOTION:
DEFER HB 1178 UNTIL WEDNESDAY, FEBRUARY 2, 2005
Moved by: Gillespie
Second by: Roberts
Action: Prevailed by voice vote.
MOTION:
ADJOURN
Moved by: Jensen
Second by: Hunt
Action: Prevailed by voice vote.
Diane Mellan
____________________________
Committee Secretary
Joni M. Cutler, Chair
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