81
st Legislative Session _ 2006
Committee: House Judiciary
Monday, February 06, 2006
P - Present
E - Excused
A - Absent
Roll Call
P Gillespie
P Haley
P Hennies
P Jensen
P Michels
P 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 FEBRUARY 3, 2006
Moved by: Jensen
Second by: Hunt
Action: Prevailed by voice vote.
HB 1218: establish a task force to study education for divorcing parents and
visitation and custody matters.
Presented by: Representative Casey Murschel
Proponents: David Braun, Department of Social Services
Linda Lea Viken, self, Rapid City
MOTION:
AMEND HB 1218
1218ra
On page
1,
line 5 of the printed bill,
delete "
Four
"
and insert "Eight".
On page
1
,
line 6,
delete "
speaker of the House of Representatives, four members shall be
"
and
insert "Executive Board of the Legislative Research Council".
On page
1
,
line 7,
delete "
appointed by the president pro tempore of the Senate
"
.
On page
1
,
line 10,
delete "
thirty
"
and insert "sixty".
On page
2
,
line 2,
after "
force
"
insert "who shall be members of the Legislature".
Moved by: Michels
Second by: Hunt
Action: Prevailed by voice vote.
MOTION:
DO PASS HB 1218 AS AMENDED
Moved by: Murschel
Second by: Haley
Action: Prevailed by roll call vote.(12-0-1-0)
Voting Yes: Gillespie, Haley, Hennies, Jensen, Michels, Murschel, O'Brien, Roberts, Sebert,
Tornow, Hunt, Cutler
Excused: Van Norman
HB 1149: revise certain felony and misdemeanor provisions not located in the
criminal code.
Presented by: Representative Sean O'Brien
Opponents: Neil Fulton, Governor's Office
Jerry Vogeler, SD Assn. Of Livestock Auction Markets
MOTION:
AMEND HB 1149
1149ra
On page
5 of the printed bill,
delete lines
13 to 18
, inclusive.
Moved by: O'Brien
Second by: Gillespie
Action: Prevailed by voice vote.
MOTION:
AMEND HB 1149
1149rb
On page
5,
line 22 of the printed bill,
delete "
49-38-2(1) or (6)
"
and insert "
40-38-2(1) or (6)
".
On page
8
,
line 20,
delete "
Class 2
"
and insert "
Class 1
".
Moved by: O'Brien
Second by: Hennies
Action: Prevailed by voice vote.
MOTION:
AMEND HB 1149
1149ja
On page
6,
line 5 of the printed bill,
remove the overstrikes from "
(a)
"
.
On page
6
,
line 9,
remove the overstrikes from "
. An
"
.
On page
6
,
remove the overstrikes from lines
10 and 11
.
On page
6
,
remove the overstrikes from lines
13 to 17
, inclusive.
Moved by: O'Brien
Second by: Hennies
Action: Prevailed by voice vote.
MOTION:
AMEND HB 1149
1149rd
On page
3,
line 23 of the printed bill,
delete "
domestic violence
"
.
Moved by: Cutler
Second by: Hennies
Action: Prevailed by voice vote.
MOTION:
AMEND HB 1149
1149re
On page
4,
line 11 of the printed bill,
delete "
snowgate
"
and insert "
interstate highway gate
".
Moved by: Sebert
Second by: Michels
Action: Prevailed by voice vote.
MOTION:
DO PASS HB 1149 AS AMENDED
Moved by: O'Brien
Second by: Sebert
Action: Prevailed by roll call vote.(13-0-0-0)
Voting Yes: Gillespie, Haley, Hennies, Jensen, Michels, Murschel, O'Brien, Roberts, Sebert,
Tornow, Van Norman, Hunt, Cutler
MOTION:
REMOVE HB 1132 FROM THE TABLE
Moved by: Michels
Second by: Murschel
Action: Prevailed by voice vote.
HB 1132: provide for the termination of certain parental rights of persons convicted
of rape or incest, to provide for restitution in lieu of child support in those cases, to
restrict contact with the child, and to provide penalties for violations thereof.
Presented by: Representative Matthew Michels
Proponents: Representative Kathy Miles
David Hewett, SD Assn. Of Healthcare Organizations
Dave Gerdes, SD State Medical Assn.
MOTION:
AMEND HB 1132
1132ja
On the printed bill, delete everything after the enacting clause and insert:
"
Section 1. That chapter
34-23B
be amended by adding thereto a NEW SECTION to read as
follows:
Any physician, physician's assistant, nurse, nurse practitioner, nurse midwife, counselor, social
worker, licensed or registered child welfare provider, employee or volunteer of a domestic abuse
center, chemical dependency counselor, or safety sensitive position as defined in subdivision 23-
3-64(2) who provides services to a pregnant woman may make a referral to a prevention or treatment
program accredited pursuant to chapter 34-20A if the provider has information that a pregnant
woman is engaging in the abusive use of alcohol or use of any controlled drug or substance not
lawfully prescribed by a practitioner as authorized by chapter 22-42 or 34-20B. Any such provider,
who, in good faith, makes a referral to a prevention or treatment program accredited pursuant to
chapter 34-20A of a pregnant woman engaging in abusive use of alcohol, abusive use of a lawfully
prescribed controlled substance, or use of any controlled drug or substance not lawfully prescribed
by a practitioner as authorized by chapter 22-42 or 34-20B, is immune from any liability, civil or
criminal, that might otherwise be incurred or imposed, and has the same immunity with respect to
participation in any judicial proceeding resulting from the referral. This immunity also extends to
any public official involved in the investigation of such conduct or to any person described in this
section who in good faith cooperates with any public official in an investigation. Any referral
pursuant to this section is permissive and nothing in this section requires the making of any referral."
Moved by: Michels
Second by: Hunt
Action: Prevailed by voice vote.
MOTION:
DO PASS HB 1132 AS AMENDED
Moved by: Michels
Second by: Hunt
Action: Prevailed by roll call vote.(13-0-0-0)
Voting Yes: Gillespie, Haley, Hennies, Jensen, Michels, Murschel, O'Brien, Roberts, Sebert,
Tornow, Van Norman, Hunt, Cutler
MOTION:
TO AMEND TITLE OF HB 1132
1132jta
On page
1,
line 1 of the printed bill,
delete everything after "
Act to
"
and insert "create immunity
for reporting prenatal alcohol or substance abuse.".
On page
1
,
delete lines
2 and 3
.
Moved by: Michels
Second by: Hunt
Action: Prevailed by voice vote.
HB 1216: define the applicable standard of care in regard to screening of risk factors
for all abortions except in the case of a medical emergency, to provide civil remedies,
and to exempt medical emergencies from the requirements of this Act.
Presented by: Representative Roger Hunt
Proponents: Dr.David Reardon, self, St. Louis, Missouri, (by telephone)
Dr. Doug Anderson, self, Sioux Falls (by telephone)
Representative Elizabeth Kraus
Opponents: Kate Looby, Planned Parenthood, Sioux Falls
Jane Murphy, SD Advocacy for Women
Jennifer Ring, ACLU of The Dakotas
Stephanie Pochop, self, Gregory
Dave Gerdes, SD State Medical Assn.
MOTION:
DEFER HB 1216 TO THE 36
TH LEGISLATIVE DAY
Moved by: Murschel
Second by: Roberts
Action: Was not acted on.
MOTION:
SUBSTITUTE MOTION DO PASS HB 1216
Moved by: Hunt
Second by: Tornow
Action: Failed by roll call vote.(5-8-0-0)
Voting Yes: Gillespie, Michels, Sebert, Tornow, Hunt
Voting No: Haley, Hennies, Jensen, Murschel, O'Brien, Roberts, Van Norman, Cutler
MOTION:
DEFER HB 1216 TO THE 36
TH LEGISLATIVE DAY
Moved by: Murschel
Second by: Roberts
Action: Prevailed by roll call vote.(8-5-0-0)
Voting Yes: Haley, Hennies, Jensen, Murschel, O'Brien, Roberts, Van Norman, Cutler
Voting No: Gillespie, Michels, Sebert, Tornow, Hunt
HB 1203: define marital and nonmarital property for the purposes of the division of
property between parties at divorce.
Presented by: Representative Margaret Gillespie
Proponents: Linda Lea Viken, self, Rapid City
The Chair deferred HB 1203 until Wednesday February 8, 2006.
The Chair deferred HB 1230 until Wednesday February 8, 2006.
The Chair deferred HB 1231 until Wednesday February 8, 2006.
The Chair deferred HB 1150 until Wednesday February 8, 2006.
The Chair deferred HB 1152 until Wednesday February 8, 2006.
The Chair deferred HB 1119 until Wednesday February 8, 2006.
MOTION:
ADJOURN
Moved by: Gillespie
Second by: Hunt
Action: Prevailed by voice vote.
Diane Mellan
____________________________
Committee Secretary
Joni M. Cutler, Chair
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